JAWAHARLAL NEHRU TECHNOLOGICAL versus CRESCENT EDUCATIONAL SOCIETY & ORS.

JAWAHARLAL NEHRU TECHNOLOGICAL versus CRESCENT EDUCATIONAL SOCIETY & ORS.

The High Court's interim direction permitting institutions to participate in counselling before the State had granted its NOC and before JNTU completed the affiliation process was unsustainable because the JNTU Regulations mandate prior State permission and affiliation must be completed to avoid prejudice to students; with the State NOC granted, JNTU must complete affiliation promptly and report the outcome, and until then the High Court's interim direction is stayed.

Parties
Appellant: Jawaharlal Nehru Technological University; Respondents: Crescent Educational Society & Ors.
Jurisdiction
India
Judgment Date
18 November 2021
Procedural Posture
Civil Appeal / Appeal From the High Court Judgment and Order Dated 26.10.2021 in W.p. No. 26590 of 2021 (interim Orders of the High Court Challenged)
Outcome
Appeals disposed of; interim direction of the High Court set aside/stayed pending completion of affiliation process by JNTU
Legal Topics
Affiliation, No Objection Certificate (noc), AICTE Approval, Interim Relief, Admissions and Counselling
Education Administrative Law Higher Education Regulation Affiliation No Objection Certificate (noc) AICTE Approval Interim Relief Admissions and Counselling

Case Brief

Summary, issues, holding and outcome

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Parties

Jawaharlal Nehru Technological University

Appellant

Crescent Educational Society & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From the High Court Judgment and Order Dated 26.10.2021 in W.p. No. 26590 of 2021 (interim Orders of the High Court Challenged)

Legal Issues

  1. 1 Whether an affiliating university may predicate grant of affiliation on prior NOC of the State Government where AICTE approval has been granted
  2. 2 Whether the High Court could direct participation in counselling/admissions by institutions before State NOC and completion of university affiliation process
  3. 3 Role and interplay of AICTE approval, State NOC and affiliating university regulations in starting new courses or increasing intake

Ratio Decidendi

The High Court's interim direction permitting institutions to participate in counselling before the State had granted its NOC and before JNTU completed the affiliation process was unsustainable because the JNTU Regulations mandate prior State permission and affiliation must be completed to avoid prejudice to students; with the State NOC granted, JNTU must complete affiliation promptly and report the outcome, and until then the High Court's interim direction is stayed.

Court Disposition

Appeals disposed of; interim direction of the High Court set aside/stayed pending completion of affiliation process by JNTU

Orders

  • Since the State of Telangana granted its NOC on 1 November 2021, JNTU shall complete the process of affiliation strictly in accordance with its Regulations within a period of ten days
  • After JNTU completes the process of affiliation, after due verification and inspection of infrastructure and other facilities at the institutions concerned, an affidavit shall be filed before the High Court of Telangana indicating the outcome of the process