The AICTE's withdrawal of approval for educational institutions is lawful when the institution fails to comply with ownership and regulatory requirements, and the AICTE is not a forum for resolving title disputes.

COMMON ORDER:

The issue involved in these writ petitions is intrinsically interconnected and therefore, they are taken up and heard together and are being disposed of by this common order.

2. Writ Petition No.17148 of 2017 is filed by the Sultan-Ul-Uloom Educational Society and others, seeking following relief:

“…to issue an appropriate writ, order or direction and more particularly, one in the nature of Writ of Mandamus declaring

i) the action of the 1st Respondent in conducting title dispute adjudication while processing approvals under the AICTE Act including by passing its order dated 29.04.2017 in F.No.South-Central/1-6059891/2016/EOA thereby withdrawal the approval of the 2nd Petitioner Institution order as arbitrary, illegal, unconstitutional and in violation of principles of natural justice and set aside the same;

ii) direct the 1st Respondent to grant approval for the full sanctioned intake for all the courses of the 2nd Petitioner Institution for the academic year 2017-18;”

3. Writ Petition No.17161 of 2017 is filed by the Sultan-Ul-Uloom Educational Society and others, seeking the following relief:

“…to issue an appropriate writ, order or direction and more particularly, one in the nature of Writ of Mandamus declaring

i) the action of the 1st Respondent in conducting title dispute adjudication while processing approvals under the AICTE Act including by passing its order of approval dated 29.04.2017 in F.No.South-Central/1-3333652321/2017/NO Admission proving for zero admissions as arbitrary, illegal, unconstitutional and in violation of principles of natural justice and set aside the same;

ii) the action of the 1st Respondent in passing the order dated 29.04.2017 in F.No. AICTE/AOO/SCR2016 as arbitrary, illegal, unconstitutional and in violation of principles of natural justice and set aside the same;

iii) Further direct the 1st Respondent to grant approval for the full sanctioned intake for all the courses of the 2nd Petitioner Institution for the academic year 2017-18…”

4. Writ Petition No.17168 of 2017 is filed by the Sultan-Ul-Uloom Educational Society and others, seeking the following relief:

“…to issue an appropriate writ, order or direction and more particularly, one in the nature of Writ of Mandamus declaring

i) the action of the 1st Respondent in conducting title dispute adjudication while processing approvals under the AICTE Act including by passing its order of 'withdrawal of approval' dated 29.04.2017 in F.No. South-Central/1-4414044/2016/EOA as arbitrary, illegal, unconstitutional and in violation of principles of natural justice and set aside the same;

ii) Further direct the 1st Respondent to grant approval for the full sanctioned intake for all the courses of the 2nd Petitioner Institution for the academic year 2017-18…”

5. Writ Petition No.8877 of 2019 is filed by M/s.Sheena Agro Farms (P) Limited and other private companies and individuals against the AICTE, Sultan-Ul-Uloom Society and others, seeking the following relief:

“…to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare that the respondents 4 to 7 are not entitled for extension of approval for the Academic Year 2019-20 and subsequent years by the 1st respondent for running their respective Educational Institutions, over the extent of petitioners property admeasuring Ac.6-00 guntas, bearing No.8-2-249 to 269, forming part of in Sy. No.359, Shaikpet village, situated at Road No.3, Banjara Hills, Hyderabad and consequently direct the 1st respondent to withdraw the approval or not to extend the approval to the respondent 4 to 7 Institutions for the Academic Year 2019-20 and subsequent years, over the above petitioners property…”

6. Writ Petition No.17168 of 2017 is taken up as a leading case to decide the lis in this batch of cases.

7. The brief facts of the case that are necessary for disposal of the present writ petitions are:

8. It is stated that the petitioner is an Educational Society (hereinafter ref