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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7394 OF 2016
1 Akhil Bharatiya Maratha Shikshan
Parishad, Survey No.103, Parvati Ramana,
Shahu College Road, Pune 411 009,
through Secretary, Smt. Pramila
Bhagwat Gaikwad, Adult, Occ. Wel-to-do
and social service, Residing at: As above
2 Anantrao Pawar College of Engineering
and Research, through its
Principal, Dr. Sunil Bhimrao
Thakare, adult, occ: Service,
Survey No.103, Paravati Ramana,
Shahu College Road, Pune 411 009
(Through Power of Attorney holder
namely Petitioner No.1 Akhil Bharatiya
Maratha Shikshan Parishad, Pune,
Secretary Smt. Pramila Bhagwat Gaikwad .... Petitioners
vs
1 All India Council for Technical Education,
7th Floor, Chandralok Building,
Janapath, New Delhi 110 001.
2 Member Secretary,
All India Council for Technical Education,
7th Floor Chandralok Building,
Janapath, New Delhi 110 001
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3 Director of Technical Education
Government of Maharashtra, Mumbai
(summons to be served on the
learned Government Pleader appearing
for State of Maharashtra under Order
XXVII, Rule 4, of the Code of Civil
Procedure, 1908) .... Respondents
Mr. A. V. Anturkar, Senior Advocate with Mr. A.A. Anturkar i/by Mr.
Tanaji Mhatugade for the petitioners.
Mrs. Meena H. Doshi for respondent No.1-AICTE.
Mr. B. V. Samant, AGP for respondent No.3.
CORAM: B. R. GAVAI &
RIYAZ I. CHAGLA, JJ.
DATE : June 07, 2017 ORAL JUDGMENT (Per B. R. Gavai, J.): 1 Rule. Rule is made returnable forthwith. By consent of the parties, heard finally. 2 The Petitioners have approached this Court praying for
quashing and setting aside the order dated 23rd June, 2016 issued by Respondent No.1 through the Member Secretary as well as the order passed by the Advisor (Approval Bureau) of Respondent No.1 dated 11th May 2006.
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dgm 3 901-wp-7394-16.sxw 3 The bare facts necessary for adjudication of the present Petition are thus:
The Petitioner No.1 is an educational institution and is managing Petitioner No.2- Engineering College. As per the regulations of All India Council for Technical Education (for short, AICTE), the Petitioners are required to get approval on year to year basis for sanctioning their intake capacity of students. Accordingly, for the Academic Year 2016-2017, the Petitioners had applied and the original Authority vide its order dated 11 th May 2016 had reduced the intake capacity by 50% finding out certain deficiencies. As such, the intake capacity was reduced to 150 from 300. Being aggrieved thereby the Petitioners filed statutory appeal before the Appellate Authority. However, the Appellate Authority in an Appeal filed by the Petitioners reduced the intake capacity of the Petitioners to nil. In so far as Post Graduation Course is concerned, similarly the original Authority had reduced the intake capacity from 49 to 24. In an Appeal, the Appellate Authority reduced it to zero. Being aggrieved by the same, the Petitioners have approached this Court. 3/7 ::: Uploaded on - 17/06/2017 ::: Downloaded on - 28/08/2017 05:13:32 :::
dgm 4 901-wp-7394-16.sxw 4 The Division Bench of this Court (Ranjit More & Smt.
Anuja Prabhudessai, JJ.) vide interim order dated 21st July 2016 had stayed the Appellate order dated 23 rd June, 2016 and by an interim order had directed the Respondent No.3 to allow the Petitioners- Institution to participate in the Centralized Admission Process on the basis of the intake capacity as per Order dated 11th May 2016. 5 During the intervening period, the Petitioners have also applied for the continuation of approval for the Academic Year 2017- 2018. The Respondent-AICTE for the present Academic Year has found no deficiencies in the functioning of the Petitioners and has granted the intake capacity to the full i.e. 300. However, in view of the pendency of the present Petition, in the portal of the Respondent No.3 against the name of College of the Petitioner, it is mentioned that "pending court case".
6 Though Mr. Anturkar, learned senior counsel, initially insisted that the original order with regard to the reduction of capacity by 50% itself is liable to be set aside and the capacity is directed to be restored to 300 students for the Academic Year 2016-2017, inasmuch 4/7 ::: Uploaded on - 17/06/2017 ::: Downloaded on - 28/08/2017 05:13:32 ::: dgm 5 901-wp-7394-16.sxw as the Petitioners can utilise the said strength for the Second year B. E. by admitting the students who have passed Diploma in Engineering, on instructions, he has given up the said claim. The Petitioners have now restricted the challenge in the present Petition only to the Appellate Order.
7 That leaves us to decide the validity of only the Appellate Order which reduces the capacity of 150 students which was determined by the first Authority to nil. To say the least, the order of the Appellate Authority is a classic example of an order passed in breach of the principles of natural justice. Firstly, in an Appeal of the Petitioners, an order adverse to the Petitioners could not have been passed. In any case, such an order could not have been passed by an Appellate Authority without issuing a show cause notice to the Petitioners and giving them an opportunity of hearing for the same. 8 To give an example, the said order would amount to a High Court converting a life sentence into a capital punishment by putting an accused without notice for enhancement of sentence. 5/7 ::: Uploaded on - 17/06/2017 ::: Downloaded on - 28/08/2017 05:13:32 :::
dgm 6 901-wp-7394-16.sxw 9 In that view of the matter, on the short ground, the
Appellate Order dated 23rd June 2016 is liable to be quashed and set aside. For the same reason, we find that the Appellate Authority was also not justified in reducing the intake capacity in so far as the Post Graduation Course is concerned to zero.
10 Insofar as the Academic Year 2016-2017 and 2017-2018 is concerned, we find that since the same is not the subject matter of the present Petition and since the AICTE has been gracious enough to grant the intake capacity of 300 students, there was no occasion on the part of Respondent No.3 to put an endorsement against the name of the Petitioner-College of "pending court case". 11 In that view of the matter, we allow the Petition and pass the following order:
ORDER
(i) The interim order passed by this Court permitting the Petitioners to admit 150 students for Academic Year 2016-2017 stands confirmed.
(ii) The Petitioners would be at liberty to fill in the
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vacant seats remaining out of the said 150 seats in the Second Year from the candidates who are eligible for same in accordance with rules.
(iii) Needless to state that insofar as Academic Year 2017-2018 is concerned, since the AICTE itself has sanctioned the strength of 300, the Respondent No.3 shall forthwith delete the endorsement "pending court case" and shall treat the Petitioners for admission process on par with all other eligible Colleges.
(iv) In so far as the Post Graduation Course is concerned, the interim order which permits the Petitioners to admit 24 students for the Academic Year 2016-2017 is confirmed.
(v) Rule made absolute accordingly in the above terms.
(vi) There shall be no order as to costs.
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