| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Education/Educational Insitutuions - All India Council for Technical Education (AICTE) |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Writ Petition |
| Court | Supreme Court of India |
| Disposal Nature | Petition Dismissed |
| Headnote | Education/Educational Institutions - All India Council for Technical Education (AICTE) - Grant of approval to start college - Proposal of petitioner to AICTE in Feb. 2017 for starting two institutes namely AIBS and AIM for the academic year 2017-18 - Deficiencies found with respect to the fact that both the institutes were situated on the same land and shared various other common facilities, which deficiency could not be condoned under the Rules - However. such deficiency removed by petitioner only in July, 2017 by withdrawing the proposal related to AIM - Accordingly, AICTE accorded approval to petitioner on 21th July, 2017 to start A/BS for the academic year 2018-19 - Plea of petitioner that it submitted the application for grant of approval within the specified timeline and it was the inaction of AICTE which resulted in delay and thus, AICTE be directed to permit the petitioner to start its college AIBS from the academic year 2017-18 - Held: In terms of the statutory timelines specified under the AICTE Act and the regulations framed ·thereunder for grant of approval, AICTE does not have any jurisdiction or authority to issue approval for commencement of a new course beyond J(Jh April of the year immediately preceding the commencement of an academic year - In the instant case, the deficiencies noted were removed by the petitioner after it withdrew the proposal relating to AIM vide letter dated 5th July, 2017 - It was only thereafter that AICTE could process the proposal of the petitioner and accordingly granted the permission on 21th July, 2017 - Since, approval accorded by AICTE was after the cut off date of 10th April, 2017 for the academic year 2017-18, it issued approval for starting A/BS institute for the academic year 2018-19 and not 2017-18 - No fault can be found with AICTE in that regard - Petitioners not entitled for the relief claimed in the writ petition - Further. petitioners directed to pay cost of Rs.50,000/- to the respondents. |
| Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
| Neutral Citation | 2017 INSC 745 |
| Petitioner | Om Sai Punya Educational And Social Welfare Society & Another |
| Respondent | All India Council For Technical Education And Another |
| SCR | [2017] 8 S.C.R. 1028 |
| Judgement Date | 2017-08-16 |
| Case Number | 571 |
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