OM SAI PUNYA EDUCATIONAL AND SOCIAL WELFARE SOCIETY & ANOTHER versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ANOTHER

OM SAI PUNYA EDUCATIONAL AND SOCIAL WELFARE SOCIETY & ANOTHER versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ANOTHER

AICTE cannot grant approval for commencement of a new course beyond the statutory cut-off date (30th April) of the preceding academic year, even if deficiencies are later removed. Petitioners are not entitled for relief due to their own conduct and the mandatory nature of the timeline.

Parties
Petitioner: Om Sai Punya Educational and Social Welfare Society; Respondent: All India Council for Technical Education
Jurisdiction
India
Judgment Date
16 August 2017
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petition dismissed with costs
Legal Topics
Approval for Technical Institutions, Statutory Timelines for AICTE Approvals, Mandamus Under Article 32
Education Law Approval for Technical Institutions Statutory Timelines for AICTE Approvals Mandamus Under Article 32

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Parties

Om Sai Punya Educational and Social Welfare Society

Petitioner

All India Council for Technical Education

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether AICTE can be directed to grant approval to start Anant Institute of Business Studies for the academic year 2017-18 despite statutory timelines
  2. 2 Whether AICTE was responsible for delay in processing the approval due to deficiencies removed after the cut-off date

Ratio Decidendi

AICTE cannot grant approval for commencement of a new course beyond the statutory cut-off date (30th April) of the preceding academic year, even if deficiencies are later removed. Petitioners are not entitled for relief due to their own conduct and the mandatory nature of the timeline.

Court Disposition

Petition dismissed with costs

Orders

  • Petitioners directed to pay Rs.50,000 to respondents within four weeks from date of judgment