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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO.1401 OF 2021

IN

CIVIL WRIT PETITION NO.3640 OF 2019

Sanmarg Shikshan Sanstha, through its Secretary, Shri Kiran s/o. Krishnarao Pandav and

anr. Vs. All India Council for Technical Education and others

__________________________________________________________________________

Office Notes, Office Memoranda of Coram,

appearances, Court'

s orders or directions

Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr.F.T. Mirza, Advocate for petitioners

Mr. N.P. Lambat, Advocate for respondent No.1

Ms. N.P. Mehta, AGP for the respondent No.2/State

CORAM : SUNIL B. SHUKRE AND

ANIL S. KILOR, JJ

.

DATE : 27^th SEPTEMBER, 2021.

The application is strongly opposed by

learned counsel for respondent No.1. According to him,

the petitioner-Institution has not submitted documents

of bank statements showing the payment of salary and

also does not fulfill the norms regarding land

requirement as prescribed in the Amended Rule which

came into force with effect from 31.12.2018 and as

stated in Annual Process Handbook.

2.

As far as the first objection is concerned, it is

an admitted fact that the All India Council for Technical

Education (for short '

the AICTE'

) does not prescribe any

norms for payment of salary and if this is so, it should

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not be any concern of the AICTE as to, at what rate the

salary of the teachers and the lecturers must be paid by

the college.

3.

None of the teachers is before this Court, nor

any teacher has raised any grievance about non-

payment of salary as per the 6^th Pay Commission

Recommendation. Therefore, this objection taken by the

AICTE, at least at this stage, does not appear to be

sound.

4.

As regards the second objection pertaining to

the deficient land possession by the petitioner college,

we must say that the issue appears to be settled by the

view taken by the Coordinate Division Bench of this

Court in the case of Dr.J.J. Magdum College of

Engineering through its Principal Vs. AICTE and others

in Writ Petition No.10130 of 2014, judgment delivered

on 03.05.2019, wherein the Division Bench has held

that to a college established before the aforestated

norms came into force, the norms regarding land

requirement prevailing at the time when the first

approval was granted to the college would govern and

not the norms which came later on in the year 2018.

Thus, even the second objection, at least at this stage,

cannot be accepted.

5.

In view of above, we find that this application

deserves to be allowed and it is allowed in terms of its

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prayer clause.

6.

The application is disposed of.

7.

Authenticated copy be furnished to the

parties.

JUDGE

JUDGE

nd.thawre