The regulations requiring permission from the State Government for new courses or increased intake were upheld, and the State Government's policy decision to reject NOC for increase in intake or introduction of new courses was found to be reasonable.

ORDER :

Ujjal Bhuyan, J.

This order will dispose of the above batch of writ petitions.

2. Heard Mr. S. Niranjan Reddy, learned Senior Counsel representing Tarun G. Reddy, learned counsel for the petitioners; Mr. B. Mayur Reddy, learned counsel for respondent No.1, Jawaharlal Nehru Technological University; Ms. R.N. Padmaja, learned Government Pleader for Higher Education, State of Telangana representing respondent Nos.2 and 3; Ms. C. Vani Reddy, learned counsel for respondent Nos.5 and 6.

3. All the writ petitions comprising this batch are directed against the State of Telangana in not permitting the petitioners to open B.Tech courses in new emerging subjects such as artificial intelligence, block chain technology, robotics, data sciences, cyber security etc., on the ground that intake of more students in the new courses may have an adverse impact on government finances; additionally petitioners have also questioned the vires of Regulation Nos.3.4, 5.5, 5.6 and 6.1 of the Jawaharlal Nehru Technological University Affiliation Procedure and Regulations (with effect from 2020-21).

4. In the hearing, writ petition No.36237 of 2022 was argued as the lead case, which position is also maintained in the present judgment.

5. Cherabuddi Educational Society and two others have filed the related writ petition i.e., W.P.No.36237 of 2022 praying for the following reliefs :

(a) Declaring the Regulations No.3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake, as being arbitrary, ultra vires, illegal and unconstitutional, apart from being in violation of the law laid down by the Hon’ble Supreme Court and set aside the same;

(b) Declare the action of respondents No.1, 2 and 3 in not permitting the Petitioner Institution from running its courses of B.Tech CSE (Data Sciences), B.Tech CSE (Cyber Security), B.Tech CSE (AIML) and B.Tech Information Technology with the additional increased intake as approved by the AICTE and mandating a requirement of permission from the State Government for the same as being arbitrary, illegal and unconstitutional and set aside the same;

(c) Consequently, direct the respondents herein to treat the Petitioner Institution as a validly affiliated and approved Institution for the Academic Year 2022-23, for all the Courses of the 2nd Petitioner Institution including the additional increased intake in the courses of B.Tech CSE (Data Sciences) – 60 seats, B.Tech CSE (Cyber Security) – 60 seats, B.Tech CSE (AIML) – 60 seats and B.Tech Information Technology – 60 seats as sanctioned and approved by the AICTE for the Academic Year 2022-23 and;

(d) pass any other order or orders as this Court may deem fit and proper in the circumstances of the case.

6. From the above, it is seen that petitioners have questioned the vires of Regulation Nos.3.4, 5.5, 5.6 and 6.1 of the Jawaharlal Nehru Technological University Affiliation Procedure and Regulations (with effect from 2020-2021) (briefly, ‘the Regulations’ hereinafter) to the extent it mandates Jawaharlal Nehru Technological University (JNTU) to obtain permission from the State Government of Telangana for offering new courses of study or in increasing seat intake in existing courses. Petitioners further seek a direction to the respondents to allow the second petitioner with increased intake in new courses i.e., B.Tech CSE (Data Sciences) – 60 seats, B.Tech CSE (Cyber Security – 60 seats), B.Tech CSE (AIML – 60 seats) and B.Tech Information Technology – 60 seats.

7. Second petitioner is an educational institution imparting technical education in engineering and technical courses. It is maintained by the first petitioner which is a registered society formed to provide educational facilities in the State of Telangana. Second pe