Delhi High Court
Bhagwan Adarsh Polytechnic ... vs All India Council For Teacher ... on 27 April, 2023
Neutral Citation Number: 2023:DHC:2900-DB
$~123, 124 & 2 to 4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2045/2020 & CM APPL.21192/2023
BHAGWAN ADARSH POLYTECHNIC COLLEGE ..... Petitioner
Through: Mr.Chandrashekhar Singh, Advocate.
versus
ALL INDIA COUNCIL FOR TEACHER EDUCATION
..... Respondent
Through: Mr.Devvrat Yadav, Advocate for
Mr.Anil Soni, Standing Counsel.
+ W.P.(C) 2046/2020 & CM APPL.21070/2023
J M POLYTECHNIC COLLEGE ..... Petitioner
Through: Mr.Chandrashekhar Singh, Advocate.
versus
ALL INDIA COUNCIL FOR TEACHER EDUCATION
..... Respondent
Through: Mr.Devvrat Yadav, Advocate for
Mr.Anil Soni, Standing Counsel.
+ W.P.(C) 2077/2020 & CM APPL.45044/2021
CHANDRADEV MEMORIAL POLYTECHNIC COLLEGE
..... Petitioner
Through: Mr.Chandrashekhar Singh, Advocate.
versus
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:29.04.2023
14:54:49 W.P.(C) 2045/2020 & connected matters Page 1 of 4
Neutral Citation Number: 2023:DHC:2900-DB
ALL INDIA COUNCIL FOR TEACHER EDUCATION
..... Respondent
Through: Mr.Devvrat Yadav, Advocate for
Mr.Anil Soni, Standing Counsel.
+ W.P.(C) 2167/2020
CHAUDHARY INSTITUTE OF TECHNOLOGY ..... Petitioner
Through: Mr.Chandrashekhar Singh, Advocate.
versus
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
..... Respondent
Through: Mr.Devvrat Yadav, Advocate for
Mr.Anil Soni, Standing Counsel.
+ W.P.(C) 2178/2020
PRAKASH INSTITUTE OF POLYTECHNIC ..... Petitioner
Through: Mr.Chandrashekhar Singh, Advocate.
versus
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
..... Respondent
Through: Mr.Devvrat Yadav, Advocate for
Mr.Anil Soni, Standing Counsel.
% Date of Decision: 27th April, 2023
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:29.04.2023
14:54:49 W.P.(C) 2045/2020 & connected matters Page 2 of 4
Neutral Citation Number: 2023:DHC:2900-DB
JUDGMENT
MANMOHAN, J: (ORAL)
1. Present writ petitions have been filed seeking quashing of All India
Council for Technical Education (Grant of Approval for Technical
Institution) Regulations, 2020 issued by the Respondent-All India Council
for Technical Education ('AICTE') to the extent that Clause 3.2 of said
Regulations prohibits approval to a new technical institution at
diploma/under-graduate /post-graduate level in engineering and technology
course. Petitioners have also sought quashing of public notice dated 06th
February, 2020 issued by the Respondent-AICTE to the extent that it does
not invite applications for establishment of new technical institutions at the
diploma / under-graduate / post-graduate level in engineering and
technology course from the relevant next academic session, on the ground
that the same is contrary to recommendations of their own committee, ultra
vires their own Act of 1987 and also in violation of Articles 14 and 19 of the
Constitution of India. Further, Petitioners have also sought direction to the
respondent to accept the applications of Petitioners and grant approval for
new diploma / polytechnic in engineering and technology course for the
relevant next academic session.
2. Learned counsel for the Petitioners states that Respondent-AICTE has
recently notified a public notice for approval process 2023-24 and also the
Approval Process Handbook ('APH') 2023-24, in terms whereof, the
applications of the petitioners-institutions pending with the Respondent-
AICTE are required to be processed by the AICTE without any further
delay.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:29.04.2023
Neutral Citation Number: 2023:DHC:2900-DB
3. He emphasises that the fresh public notice dated 21st March, 2023
does not impose any moratorium in making the fresh applications, as was
imposed by the previous public notice, which had been challenged by way
of the present writ petitions.
4. Mr.Devvrat Yadav, Advocate appearing on behalf of Mr.Anil Soni,
learned counsel for the Respondent-AICTE, on instructions, states that
AICTE shall process the applications filed by the petitioners in accordance
with law on or before 30th June, 2023.
5. Consequently, the present writ petitions along with applications are
disposed of with a direction to the Respondent-AICTE to process and decide
the applications of the petitioners for grant of approval for the academic
session 2023-24 on or before 30th June, 2023. Needless to say that the
applications of the petitioners shall be decided on their own merits without
being influenced by any observation made by this Court.
MANMOHAN, J
SAURABH BANERJEE, J
APRIL 27, 2023
TS
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:29.04.2023
