JUDGMENT

A. K. PATNAIK, J. — The petitioner was accorded approval for starting a new technical institution, namely, The Institute of Technology Bhubaneswar, by the All India Council for Technical Education (for short, “AICTE”) by an order dated 21st of October, 1998. The AICTE passed an order dated 14th of December, 2001 withdrawing the approval accorded to the petitioner with immediate effect. A copy of the said order dated 14.12.2001 has been annexed to the writ petition as Annexure-3 and is quoted herein below :

“ALL INDIA COUNCIL FOR TECHNICAL EDUCATION

(A STATUTORY BODY OF THE GOVERNMENT OF INDIA)

F. NO : 760-82-220(E)/ET/97

Date : 14th Dec. 2001

To,

Commissioner Cum Secretary

Industrial Department

Govt of Orissa

Bhubaneswar - 751001

Sub : Withdrawal of approval accorded to Institute of Tech¬nology, Bhubaneswar, Orissa.

Sir,

AICTE had accorded extension of approval to Institute of Technology, Bhubaneswar for the academic year 2000-2001 for the following branches ;

Courses Intake Duration Period of Approval

________________________________________________________________________________________________________

Computer Science Engg. 60 4 yrs 2000-2001

Electrical Engg. 60 4 yrs 2000-2001

Electronics and

Telecomm Engg. 60 4 yrs 2000-2001

Mechanical Engg. 60 4 yrs 2000-2001

TOTAL INTAKE 240

Subsequently the Institute was placed under NO-Admission Category for academic year 2000-2001.

The trust vide their representation dated 28.11.2001 has requested for withdrawal of approval and return of Joint Fixed Deposit. Based on the representation from the Institution and the directives from the Hon’ble High Court of Orissa, the Council has decided to withdraw the approval accorded to above named Institute with immediate effect.

Thanking you, Yours Faithfully,

Dr.P. N. Razdan

Adviser (E & T)

Copy to :

1. The Regional Officer, ERO, AICTE, Institute of Leather Technology Campus, Salt Lake City, Sector - III, Kolkata - 70091.

2. The Chairman, Sahu Trust, C-9 Saheed Nagar,

Bhubaneswar - 752001

Sd/ - P. J. Razdan

Dr. P. N. Razdan

Adviser (E & T)”

Aggrieved by the said order dated 14.12.2001 of the AICTE with¬drawing the approval accorded to the petitioner with immediate effect, the petitioner has filed this writ petition with a prayer to quash the same.

2. Mr. Pitambar Acharya, learned counsel for the petition¬er, submitted that the power to withdraw approval accorded to a professional college or a technical institution is vested in the AICTE under regulation 13 of the All India Council for Technical Education (norms and guidelines for fees and guidelines for admissions in professional colleges) Regulations, 1994 as well as regulation 12 of the All India Council for Technical Education (Grant of approval for starting new technical institutions, introduction of courses of programmes and approval of intake capacity of seats for the courses or programmes) Regulations, 1994. The said regulations 13 and 12 of the aforesaid two Regula¬tions respectively are quoted hereunder :

Regulation - 13

“13. Withdrawal of approval - If a professional college contravenes any of the provisions of these regulations, the Coun¬cil may withdraw its approval after making such enquiry as it may consider appropriate and after giving the professional college an opportunity of being heard.”

Regulation - 12

“12. Withdrawal of approval - If any technical institution including University, University Department or deemed University or College contravenes any of the provisions of these regulations, the Council may, after making such inquiry as it may consider appropriate and after giving the technical institution concerned an opportunity of being heard, withdraw the approval granted under these regulations.”

Mr. Acharya submitted that the aforesaid regulations 13 and 12 of the two Regulations are almost identically worded and it provides that withdrawal of approval granted to a professional college or technical institu