Delhi High Court
Vinayak Polytechnic College vs All India Council For Teacher ... on 1 May, 2023
Neutral Citation Number: 2023:DHC:2991-DB
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2065/2020
VINAYAK 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, CGSC for UOI
% Date of Decision: 1st May, 2023
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
MANMOHAN, J: (ORAL)
CM APPL.21707/2023
1. Present application has been filed for early hearing.
2. Issue notice.
3. Mr. Devvrat Yadav, Advocate accepts notice on behalf of respondent.
He has no objection to the present writ petition be taken up for hearing
forthwith.
4. Accordingly, with consent of parties, the present application is
allowed and the matter is taken up for final hearing.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.05.2023
Neutral Citation Number: 2023:DHC:2991-DB
W.P.(C) 2065/2020
5. It is pertinent to mention that present writ petition has 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. Petitioner has 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 its own
committee, ultra vires its own Act of 1987 and also in violation of Articles
14 and 19 of the Constitution of India. Further, Petitioner has also sought
direction to the respondent to accept the application of Petitioner and grant
approval for new diploma / polytechnic in engineering and technology
course for the relevant next academic session.
6. Learned counsel for the Petitioner 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
application of the petitioner-institution pending with the Respondent-AICTE
is required to be processed by the AICTE without any further delay.
7. 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 was challenged by way of the
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.05.2023
Neutral Citation Number: 2023:DHC:2991-DB
present writ petition.
8. 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 application filed by the petitioner in accordance
with law on or before 30th June, 2023.
9. Consequently, the present writ petition is disposed of with a direction
to the Respondent-AICTE to process and decide the application of the
petitioner for grant of approval for the academic session 2023-24 on or
before 30th June, 2023.
10. Needless to say that the application of the petitioner shall be decided
on its own merits without being influenced by any observation made by this
Court.
MANMOHAN, J
SAURABH BANERJEE, J
MAY 1, 2023
AS
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.05.2023
