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2024 Supreme(Online)(TEL) 162
HIGH COURT OF TELANGANA
C.V. BHASKAR REDDY, J
Guru Nanak Educational Society – Appellant
Versus
State of Telangana – Respondent
WP/19528/2024
Educational institutions must be allowed to operate with approved increased intake if no financial implications arise for the State, as per administrative directives.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petition filed seeking permission for increased intake in technical courses - Petitioners claimed approval from AICTE and JNTU for additional seats - State Government issued G.O.s permitting increase in intake without financial implications - Respondents directed to consider petitioners' application within one week. (Paras 1-5)
(B) Educational Institutions - Approval and Affiliation - The court recognized the petitioners' entitlement to operate with increased intake based on approvals received, emphasizing the necessity of timely administrative action by the State. (Paras 3-5)
Facts of the case:
The petitioners sought to run additional courses in a technical institution, having received necessary approvals from AICTE and JNTU, yet faced obstruction from the State Government despite relevant G.O.s permitting such actions.
Findings of Court:
The court directed the State Government to consider the petitioners' application for increased intake and communicate the decision within a week, emphasizing the lack of financial implications for the State.
Issues: The main issue was whether the petitioners could be permitted to run additional courses with increased intake as sanctioned by relevant educational authorities.
Ratio Decidendi: The court held that the approvals from AICTE and JNTU necessitated prompt action from the State Government, reinforcing the principle that administrative decisions should align with established educational policies and approvals.
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':
- a) Declaring the action of Respondents in not permitting the Petitioner Institution from running its courses of B. Tech CSE (Cyber Security), B. Tech CSE (Data Science) and B. Tech CSE (AIML) and the course of B. Tech Electronics Engineering (VLSI) with the additional increased intake on self-financing basis as approved by the AICTE and the JNTU as being arbitrary, illegal and unconstitutional and set aside the same;
- b) Consequently, direct the Respondents herein to treat the Petitioner Institution as a validly affiliated and approved Institution for the Academic Year 2024-25, for all the Courses of the 2nd Petitioner Institution including the additional increased intake in the courses of B. Tech CSE (Cyber Security) - 60 seats, B. Tech CSE (Data Science)-60 seats and B. Tech CSE (AIML) -60 seats and B. Tech Electronics Engineering (VLSI) - 60 seats, as sanctioned and approved by the AICTE and the JNTU for the academic year 2024-25.”
2. Heard Mr. Tarun G.Reddy, 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 respondent No.5 and with their consent, this Writ Petition is disposed of at the admission stage.
3. The 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 2024-2025 for all the courses applied for by the institution with the increased intake as sought by petitioner No.2-institution from 1380 seats to 1620 seats and petitioner No.2-institution also obtained No Objection Certificates (NOC) from respondents-University on 22.03.2024 and 06.04.2024. The grievance of the petitioners is that even after obtaining orders of approval from the AICTE and the NOC dated 22.03.2024 from respondent No.4, 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 and respondent No.4.
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/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 1380 seats to 1620 seats, respondent Nos.1 and 2 are directed to consider the application/representation submitted by petitioner No.2-insti
