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2024 Supreme(Online)(TEL) 15
HIGH COURT OF TELANGANA
C.V. BHASKAR REDDY, J
Madina Education and Welfare Society – Appellant
Versus
State of Telangana – Respondent
WP/20139/2024
The State is obligated to act upon approvals granted by AICTE and cannot deny permission for increased intake if no financial implications arise.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petition seeking inclusion of educational institution with increased intake in various courses - Approval granted by AICTE and NOC obtained, yet State not permitting additional intake - Court directed State to consider the application and communicate decision within a week. (Paras 1-5)
(B) Educational Institutions - Approval process and regulatory compliance - The institution has complied with all necessary approvals and is ready to self-finance additional intake without financial implications on the State. (Paras 3-5)
Facts of the case:
Petitioners, a registered society, sought to increase the intake of various technical courses in their institution after receiving approval from AICTE and NOC from the relevant authority, but faced non-permission from the State.
Findings of Court:
The court directed the State to consider the institution's application for increased intake and communicate a decision within one week.
Issues: The main issue was whether the State could deny permission for increased intake after approvals were granted by AICTE and NOC obtained.
Ratio Decidendi: The court emphasized the obligation of the State to act on the approvals granted by AICTE and to ensure that the institution's self-financing proposal did not impose financial burdens on the State.
Result: Writ Petition disposed of with directions.
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
- “…to issue any appropriate writ, order or direction more particularly one in the nature of Writ of 'Mandamus', declaring the action of the Respondents in not permitting/including the Petitioner Institution/College with increased intake in B.Tech.Computer Science Engineering from 150 to 270, B.Tech. Computer Science Engineering (Artificial Intelligence and Machine Learning) from 60 to 120, B.Tech. Computer Science and Engineering (Data Science) from 60 to 120 and M.B.A. 120 after approval of the AICTE and JNTU as illegal, arbitrary, unconstitutional, consequently, direct the respondents to include the petitioner Institution/College in counselling with increased intakes…”
2. Heard Mr. M.D.Mohapatra, learned counsel for the petitioners; learned Government Pleader for Higher Education appearing for respondent Nos.1 and 2;
- Smt.C.Vani Reddy, learned Standing Counsel appearing for respondent No.3; Mr.Mohd.Abdul Quddus, learned counsel appearing for respondent Nos.4 and 6; and Mr.Mehboob Ali, learned Standing Counsel for AICTE appearing for Wp_20139_2024 2 respondent No.5 and with their consent, this Writ Petition is disposed of at the admission stage.
3. Petitioner No.1 herein claims to be a registered society formed to provide educational facilities in the State of Telangana and in furtherance of its objective, it is stated to have promoted petitioner No.2-institution to impart technical education in Engineering and Technical courses.
The case of the petitioners is that petitioner No.2-institution has been granted approval by All India Council for Technical Education (AICTE) and also received requisite affiliation from Jawaharlal Nehru Technological University (JNTU) and in view of the increasing demand for seats in the courses offered by the petitioner No.2-institution, they sought to increase the number of seats in various courses on self-financing basis and applied to the AICTE for approval to increase in the intake of courses for the Academic Year 2024-2025 offered by petitioner No.2-institution and the AICTE, in turn, granted approval to petitioner No.2-institution for the Academic Year 2024-Wp_20139_2024 3 2025 for all the courses applied for by the institution with the increased intake as sought by petitioner No.2-institution from 150 to 270 in B.Tech.Computer Science Engineering; from 60 to 120 in B.Tech. Computer Science Engineering (Artificial Intelligence and Machine Learning) and from 60 to 120 in B.Tech. Computer Science and Engineering (Data Science) and M.B.A. 120 seats and petitioner No.2-institution also obtained No Objection Certificates (NOC) from respondent No.4 on 20.03.2024.
- The grievance of the petitioners is that even after obtaining orders of approval from the AICTE and the NOC dated 20.03.2024, respondent No.1 is not permitting petitioner No.2-instiutition to run the courses with the additional intake on self-financing basis, as approved by the AICTE.
4. The learned counsel for the petitioners has submitted that the State Government has issued G.O.Rt.No.221, Higher Education (TE) Department, dated 24.11.2022, and G.O.Rt.No.236, Higher Education (TE) Department, dated 06-10-2023, according permission for increase in intake/ Wp_20139_2024 4 introduction of courses and to fill the seats on self-finance mode for the Academic Years 2022-2023 and 2023-2024 without financial implications.
5. Since petitioner No.2-institution has submitted application/representation before respondent Nos.1 and 2 and it is ready to bear the expenditure/self-financing for additional intake of admissions being filled up from 150 to 270 in B.Tech.Computer Science Engineering; from 60 to 120 in B.Tech. Computer Science Engineering (Artificial Intelligence and Machine Learning) and from 60 to 120 in B.Tech. Computer Science and Engineering (Data Science) and M.B.A. 120 seats, respondent Nos.1 and 2 are directed to consider the applic
