2014 (8) TMI 1072 - HC - Indian Laws

Withdrawal of approval status of Institute - Position of the playground as well as no occupation certificate and faculty have been same till this date, which the Respondents failed to take note of and that resulted into the observation referring to the deficiencies. Thus, in the present facts and circumstances and in view This Order is modified/corrected by Speaking to Minutes Order dated 01/09/2014 of the above, we are inclined to observe that there were no major deficiencies when the impugned order was passed. As the deficiencies are clarified and explained and as averred removed, there is no reason to keep this Petition pending so also in view of the observation already made in order dated 14th July 2014.

Summary

Issues involved:
Admission of students based on intake capacity, provisional nature of admissions, clarification of deficiencies, validity of impugned order, granting extension of approval.

Analysis:

1. Admission of students based on intake capacity:
The High Court directed the respondents, including the Director of Technical Education, to allow the admission of students based on the intake capacity of previous years or last Letter of Approval/Essentiality Certificate. The admissions were to be provisional, subject to further orders and the outcome of the Writ Petitions. The court clarified that the parties could not claim any equity based on this order.

2. Clarification of deficiencies:
The court instructed the petitioners to file additional affidavits addressing any deficiencies and objections raised, along with proposed steps to remedy the deficiencies within a specified timeframe. The respondents were also directed to file a reply to these affidavits. The court noted that the alleged deficiencies, including those related to the playground, occupation certificate, and faculty, were adequately explained and clarified by the petitioners. It was observed that there were no major deficiencies at the time the impugned order was passed.

3. Validity of impugned order:
After reviewing the submissions and documents, the court found that there were no major deficiencies as claimed by the respondents when the impugned order was issued. The court noted that the position of the playground, occupation certificate, and faculty remained consistent, and the alleged deficiencies were adequately addressed by the petitioners. Consequently, the court concluded that there was no reason to keep the petition pending and allowed it in favor of the petitioners.

4. Granting extension of approval:
The court granted the prayer clause seeking a Writ of Certiorari to quash and set aside the impugned order issued by the All India Council for Technical Education (AICTE), directing the extension of approval for the academic year 2014-15 onwards for the petitioners' institution. The court disposed of the petition, allowing the respondent to take action if a case was made out in accordance with the law.

In conclusion, the High Court's judgment addressed various issues related to admissions, deficiencies, the validity of the impugned order, and the extension of approval, ultimately ruling in favor of the petitioners and providing clarity on the admissions process and deficiencies raised by the respondents.