JAWAHARLAL NEHRU TECHNOLOGICAL versus CRESCENT EDUCATIONAL SOCIETY & ORS.

Citation: [2021] 7 S.C.R. 1123 · Decided: 18-11-2021 · Supreme Court of India · Bench: D.Y. CHANDRACHUD, A.S. BOPANNA · Disposal: Disposed off

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Judgment (excerpt)

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JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY
v.
CRESCENT EDUCATIONAL SOCIETY & ORS.
(Civil Appeal No 6931 of 2021)
NOVEMBER 18, 2021
[DR. DHANANJAYA Y CHANDRACHUD AND
A. S. BOPANNA, JJ.]
Education / Educational Institution – Grant of affiliation –
Whether once AICTE had granted its approval, it was not open to
the affiliating University to predicate the grant of its affiliation on
the issuance of an NOC by the State Government – On facts,
Jawaharlal Nehru Technological University (JNTU) had sought
approval of the State Government before granting affiliation to new
courses in existing institutions, which were already approved by All
India Council for Technical Education (AICTE) – High Court
however issued interim orders allowing the institutions concerned
to participate in the second round of counselling – Challenge to –
Held: At the point of time when the High Court passed the interim
orders, neither had the State granted its NOC nor had JNTU granted
affiliation – During pendency of these proceedings, the State
Government granted its NOC – The process of affiliation is yet to
be completed by JNTU – In this backdrop, the High Court ought
not to have issued the impugned interim direction – Issuing such a
judicial fiat even before the process contemplated by the Regulations
is complete is likely to prejudice the students, often, in an irretrievable
manner, in the event that the affiliation is eventually denied –
Creation of equities in favour of students lead to serious issues
subsequently, when such interim orders lead to admission of students
to an institution which may eventually be denied affiliation – Now
that the State Government has granted its NOC, JNTU indicated
willingness to conduct the process of affiliation – Once the process
of affiliation is complete, the High Court can be duly apprised of
the result, in relation to each institution which has applied for
permission – Meantime, the interim orders would remain stayed, to
abide by the final result of the affiliation process – Regulations
governing JNTU – Regulations 5.5, 5.6 and 6.1.
[2021] 7 S.C.R. 1123
1123
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SUPREME COURT REPORTS
[2021] 7 S.C.R.
Jaya Gokul Education Trust v. Commissioner &
Secretary to Govt Higher Education Department,
Thiruvananthapuram, Kerala State and Another (2000)
5 SCC 231 : [2000] 2 SCR 1234; Jawaharlal Nehru
Technological University Registrar v. Sangam Laxmi Bai
Vidyapeet and Others (2019) 17 SCC 729 : [2018] 14
SCR 103; and A P J Abdul Kalam Technological
University and Another v. Jai Bharath College of
Management and Engineering Technology and Others
(2021) 2 SCC 564 – referred to.
Case Law Reference
[2000] 2 SCR 1234
referred to
Para 2
[2018] 14 SCR 103
referred to
Para 12
(2021) 2 SCC 564
referred to
Para 13
CIVIL APPELLATE JURISDICTION: Civil Appeal No.6931 of
2021.
From the Judgment and Order dated 26.10.2021 of the High Court
for the State of Telangana at Hyderabad in W.P. No. 26590 of 2021.
With
Civil Appeal Nos. 6932-6942, 6948-6952 of 2021.
C. S. Vaidyanathan Sr. Adv., P. Venkat Reddy, Ramachander Goud,
Dharmesh, Prashant Tyagi, P. Srinivas Reddy for M/S. Venkat Palwai
Law Associates, Advs. for the Appellant.
S. Niranjan Reddy, Sr. Adv., D. Abhinav Rao, Tarun Reddy, Raavi
Venkata Yogesh, G. Tarun Reddy, Abhishek Sharma, Advs. for the
Respondents.
The following Order of the Court was passed :
O R D E R
1. Leave granted.
2. The High Court of Telangana, by its interim orders dated
5 October 2021, 25 October 2021 and 26 October 2021, has held that
the action of Jawaharlal Nehru Technological University1 in seeking the
1 “JNTU”
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approval of the State Government before granting affiliation to new
courses in existing institutions, which have already been approved by All
India Council for Technical Education2, is contrary to the decision of this
Court in Jaya Gokul Education Trust v Commissioner & Secretary
to Govt Higher Education Department, Thiruvananthapuram,
Kerala State and Another3. Consequently, the High Court has,  directed
JNTU to notify the institutions in the course of the second phase of
counselling thereby allowing students to be admitted to the courses.
Several institutions sought the permission of AICTE, inter alia, for
enhancing the intake capacity in “emerging areas” of engineering or, as
the case may be, for new courses. The approval of AICTE was granted.
3. JNTU addressed a communication on 8 September 2021 to the
Commissioner for Technical Education s

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