Hyderabad (Sind) National ... vs All India Council For Technical ...
2015 Latest Caselaw 214 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION




                                                 
                     WRIT PETITION NO.4807 OF 2015

    1. Hyderabad (Sind) National Collegiate 




                                                
    Board, 
    A Society Registered under the 
    Provisions of the Societies Registration 
    Act, 1860 and a Trust registered under 




                                    
    the Provisions of the Bombay Public 
    Trust Act Having its registered office at 
                       
    Kishinchand Chellaram College Building 
    124, Dinshaw Vachha Road, Churchgate, 
    Mumbai- 400 020
                      
    2.  Watumall Institute of Electronics, 
    Engineering and Computer Technology 
    situated at 47, R.G. Thadani Marg, Near 
      


    Venus Apartment, Worli, 
    Mumbai-400 018                                    ...Petitioners
   



            Versus
    1. All India Council for Technical 





    Education, (AICTE), through its Advisor-
    II (Approval  Bureau / Member 
    Secretary), a statutory body of the Govt. 
    of India, 7th floor, Chandralok Building, 
    Janpath, New Delhi-110 001.





    2. The Regional Officer,
    AICTE, Western Region Office, 2nd floor, 
    Industrial Assurance Building, Veer 
    Nariman Road, Opp. Churchgate Railway 
    Station, Mumbai- 400 020.

    Megha                                                                             1




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    3. State of Maharashtra through The 




                                              
    Secretary, Higher and Technical 
    Education, Govt. of Maharashtra 
    Mantralaya Annex Building, 
    Mumbai - 400 032.




                                             
    4. The Director of Technical Education,
    Govt. of Maharashtra, 3, Mahapalika 
    Marg, Dhobi Talao, Mumbai -400 001.




                                   
    5. The Pravesh Niyantran Samiti, 
                      
    having its office at 305, Govt. of 
    Polytechnical Building, Kherwadi, Ali 
    Yavar Jung Marg, Bandra (East),
                     
    Mumbai-400 051.

    6. The Registrar,
    University of Mumbai, University 
      


    Campus,
    Fort, Mumbai 400 032.                         ...Respondents.
   



                                     .....
    Mr. Pravin Shewale i/b. Mr. J.S. Chandnani for the 
    Petitioners
    Mr. Mihir Desai, Senior Advocate with Mr. S.S. Jadhav 





    and Mr. Sarnath Sariputta for Respondent Nos.1 & 2.
    Ms S.S. Bhende, Asstt. Govt. Pleader for 
    Respondent Nos.3 & 4.
    Mr. R.A. Rodrigues for Respondent No.6.





                                     .....

                                 CORAM : ANOOP V. MOHTA   & 
                                           A.A. SAYED, JJ.

DATE : AUGUST 24, 2015.

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ORAL JUDGMENT : ( Per Anoop V. Mohta, J.):

Rule. Rule made returnable forthwith. By consent of

the parties, taken up forthwith for final hearing.

2. The Petitioners are a minority Sindhi community

institution, which runs various colleges, including professional

colleges and schools based upon requisite affiliation/ approval,

have filed this petition dated 8 th May, 2015. Counsel appearing for

the parties conceded the position that in view of the judgment

passed by this Court in Writ Petition No.4586 of 2015 (Saraswati

Education Society's Saraswati College of Engineering V/s. All

India Council for Technical Education (AICTE) & Anr) and in

Writ Petition No.4620 of 2015 ( Karmaveer Bhaurao Patil college

of Engineering V/s. All India Council for Technical Education &

Ors.) this petition must succeed as the issues are identical in

present writ petition and, therefore, it can be disposed of for the

recorded common facts and the reasons in the said judgments.

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3. On 16.11.1981 Petitioner No.2 institute was established

with a post graduate diploma course affiliated to the Board of

Technical Examination, Maharashtra State with the permission of

Technical Education Department. Initially it was an aided institute.

On 21.7.1983 Petitioner No.2 affiliated to University of Mumbai.

Petitioner No.2 institute was receiving grant-in-aid from State of

Maharashtra to run the three year degree course in electronic

engineering, computer technology and electronic instrumentation

(hereinafter referred to as "the B.Sc. (Tech) Course") in the period

of 1984-2002.

4. Petitioner No.2 started four year degree course B.E. in

the year 2003-2004.

5. Petitioner No.2 was granted extension of approval by

Respondent No.1 AICTE in the period of 1994-2013. On 23.8.2013

Petitioner No.2 applied to University of Mumbai for continuation of

affiliation and paid requisite fees.

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6. On 9.1.2014 the Petitioners paid yearly affiliation fees.

On 21.5.2014 Petitioner No.2 applied to Respondent No.2 for

extension of approval for the academic year 2014-15. On

22.5.2014 show cause notice was issued by Respondent No.1

stating that on surprise visit on 17.2.2014 certain deficiencies viz.

(i) plot area is 2438.15 sq.mtr. instead of 2.5 acres i.e. 10117 sq.m.

(ii) Staff students ratio 0:9:33 (9 Adhoc) against 1+5:12:38 and

(iii) Cadre ratio at present is 0:9:33 against the required ratio

5:12:38 excluding Principal were noticed. On 3.6.2014 reply filed

by the Principal of Petitioner No.2 college that no misrepresentation

or concealment of factual position with regard to land and

extension of approval was being given. Petitioner No.2 had

requisite infrastructure. It was pointed out that it was not possible

to improve deficiency with regard to land as there was acute

shortage of land in Mumbai. So far as staff student ratio and cadre

ratio is concerned, it was assured that the same will be removed

within a short period. On 23/24.6.2014 the impugned order was

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passed by Respondent No.1 placing Petitioner No.2 under no

admission category for the academic year 2014-15. In July, 2014

Petitioners filed Writ Petition (L) No.1488 of 2014 in this Court.

On 15.7.2014 this Hon'ble Court stayed the said order and granted

ad-interim reliefs in terms of prayer clause (c) whereby Respondent

Nos.3 and 4 were directed to continue to include Petitioner No.2's

name for the centralized admission process. On 12.11.2014

Petitioners made representations for shifting of Petitioner No.2

from Worli to Ulhasnagar. On 30.4.2015 Petitioners received the

impugned order passed by Respondent No.1 thereby putting

Petitioner No.2 in "no admission" category for the Academic year

2015-16.

7. The Petitioners have placed on record a detailed chart

referring to the deficiencies and their respectful compliances and

justifications / reply to the same, which are supported by

documents. After going through the same, we are of the view that

a case is made out for the reliefs so sought by the Petitioners. All

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these issues about requisite land, building, affiliation every year,

deficiencies in staff, student and cadre ratio have been dealt with in

detail in above judgments. Therefore, for same reasons also we are

inclined to allow the petition. Hence, following order is passed :

ORDER

(a) The Writ Petition is allowed in terms of prayer

clause (a).

(b) Interim order passed by this Court on 13th May

2015 is confirmed.

(c) The Respondents are directed to consider the

representation/case of the Petitioners,

specifically on the issue of cadre and faculty and

related aspects by giving an opportunity of

hearing and pass a reasoned order, at the

earliest.

(d) The Respondent-University is directed that in

order to avoid the delay in appointments of

teaching faculty in the institution like the

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Petitioners, the proposals received for approval

of draft advertisement, roaster, nomination of the

subject experts, nomination of nominee of the

Vice Chancellor and approval of the candidates

selected through duly constituted Selection

Committee, such proposals be decided in an

expeditious and time bound manner so as to

avoid deficiencies in respect of the same being

shown by the AICTE in the proposals of such

institution for extension of approval.

(e) The Petitioners to take steps to remove the

deficiencies, even if any, as early as possible.

(f) Writ Petition is accordingly allowed.

            (g)    Rule made absolute accordingly. 

            (h)   There shall be no order as to costs.





             (A.A. SAYED, J)                         (ANOOP V. MOHTA, J.)