LexPARSHAVANATH CHARITABLE TRUST & ORS. versus ALL INDIA COUNCIL FOR TECH. EDU & ORS.
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[2012] 11 S.C.R. 1057 PARSHAVANATH CHARITABLE TRUST & ORS. v. ALL INDIA COUNCIL FOR TECH. EDU & ORS. (Civil Appeal No. 9048 of 2012 etc.) DECEMBER 13, 2012 [A.K. PATNAIK AND SWATANTER KUMAR, JJ.] A B All India Council for Technical Education Act, 1987: s.10(1)(k) of the Act and clause 9.22 of the Handbook of c Approval Process - Shifting of Engineering College - Requirements to be complied with - Held: Clause 9.22 of the Handbook of Approval Process issued by AICTE provides a complete procedure for change of location and the same is permissible subject to compliance with the procedure - In the D instant case, appellant-college had shifted to the new premises without approval of AICTE and without 'No Objection Certificate' from the State Government and Directorate of Technical Education - Undisputedly, the appellant-college had no title to the property and, in fact, it did not even have a E registered lease deed in its favour to create some recognizable interest in the property in question - High Court in its judgment had specifically noticed the defects pointed out by the Expert Committee - View of High Court that the College had failed to comply with requirements for grant of F approval and had shifted to the new site without approval of the AICTE and other authorities concerned cannot be faulted with and does not call for any interference - In the circumstances, withdrawal of approval by AICTE can also not be interfered with. ss. 10 and 23 of the Act and Regulation 8(15) of 1994 Regulations - Application for grant of approval to shifting of Engineering College - AICTE granting approval for academic 1057 G H 1058 SUPREME COURT REPORTS [2012] 11 S.C.R. A years 2008-2009 and 2009-2010, albeit to operate the College only from the approved location - Subsequently, approval withdrawn on 7.1.2011 - Held: It is the requirement of law that there should be strict adherence to the time schedule for grant of approval as well as for admissions without B exception - The Schedule to the Regulations has statutory backing - Its adherence is mandatory and not directory - In the instant case, there has been apparent error in exercise of power and discretion by the A/GTE - Admittedly, the appellant-college had been carrying on its education courses c since the year 1994 - It had submitted its application for transfer to the new site on 24.5.2008 - There is nothing on record to show that this application was dealt with either by the Regional Office or by the main office of the A/GTE - Granting of approval for the academic years 2008-09 and 2009-10 0 particularly when the Expert Committee is stated to have visited the premises on 26.6.2008 and found inadequacies in the report, is certainly a lapse on the part of the A/GTE which cannot be ignored by the Court as it had far-reaching consequences including placing the career of the students E admitted during these two years in jeopardy - Thus, cost of Rs.50,0001- is imposed upon the A/GTE for such irresponsible working - The costs would be recovered from the salary of the erring officials/officers involved in the erroneous approach - Admission schedule and Schedule for granting/refusal of approval modified and directions issued F accordingly - All India Council for Technical Education (Grant of Approvals for Staffing New Technical Institution, Introduction of Course and Programmes and Approval of Intake Capacity) Regulations, 1994. G The appellant Trust started an Engineering College at the premises bearing Survey No. 27, from the academic year 1994-95 after obtaining approval from the authorities concerned. On 24.5.2008, the Trust moved an application to the Regional Office of the All India Council for H Technical Education (AICTE) seeking its permission to PARSHAVANATH CHARITABLE TRUST v. ALL INDIA 1 059 COUNCIL FOR TECH. EDU shift the College to new premises; it also applied for A Issuance of a "No Objection Certificate". However, in May 2008, the Trust shifted the College to the new site. On 30.6.2008, the AICTE granted extension of approval to the College for academic years 2008-2011 with an intake capacity of 280 students and with a specific assertion that B the institution would operate only from the approved location. By letter dated 20.8.2009 AICTE granted approval to the College with increased intake from 280 to 360 students for the academic year 2009. On 18.5.2010 the AICTE issued a notice
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