A POLYTECHNIC BY NAME LARSON AND TOUBRO INSTITUTE OF TECHNOLOGY AND ANR. versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ORS.

A POLYTECHNIC BY NAME LARSON AND TOUBRO INSTITUTE OF TECHNOLOGY AND ANR. versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ORS.

The petitioner-institute, though not fitting into the scheme framed pursuant to Unnikrishnan, may be allowed to function as at present, subject to strict adherence to the conditions imposed by the Government of Maharashtra and applicable regulations, since its functioning fulfills the underlying purpose of the Unnikrishnan scheme; the specific requirement to run institutions through a trust is waived given demonstrated legal and fiscal constraints, upon ensuring financial transparency.

Parties
Petitioner: Larson and Toubro Institute of Technology; Respondent: All India Council for Technical Education; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
10 March 1995
Procedural Posture
Writ Petition (civil) No. 738 of 1994 / Final Disposition
Outcome
Writ petition disposed of with directions.
Legal Topics
Technical Education, Admission Policy, Reservation, Fee Structure
Education Law Technical Education Admission Policy Reservation Fee Structure

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Parties

Larson and Toubro Institute of Technology

Petitioner

All India Council for Technical Education

Respondent

State of Maharashtra

Respondent

Procedural Posture

Writ Petition (civil) No. 738 of 1994 / Final Disposition

Legal Issues

  1. 1 Whether the petitioner-institute can be exempted from the scheme framed pursuant to Unnikrishnan, J.P. v. State of Andhra Pradesh (1993) 1 SCC 645
  2. 2 Whether the institute can continue to function as at present, subject to conditions imposed by the Government of Maharashtra

Ratio Decidendi

The petitioner-institute, though not fitting into the scheme framed pursuant to Unnikrishnan, may be allowed to function as at present, subject to strict adherence to the conditions imposed by the Government of Maharashtra and applicable regulations, since its functioning fulfills the underlying purpose of the Unnikrishnan scheme; the specific requirement to run institutions through a trust is waived given demonstrated legal and fiscal constraints, upon ensuring financial transparency.

Court Disposition

Writ petition disposed of with directions.

Orders

  • Institute may continue to function as at present, subject to (1) no fee charged from students; (2) parents must have at least five years' service; (3) reservation rules followed; (4) seats for backward classes filled by open category only if no candidates available; (5) annual reporting to government and council.
  • All-India Council for Technical Education regulations and relevant rules to apply in other respects.