Court No. - 39 Case :- WRIT - C No. - 37699 of 2010 Petitioner :- Stallion College For Engineering & Technology Respondent :- State Of U.P. & Others Petitioner Counsel :- Nitin Sharma,K.N. Tripathi Respondent Counsel :- C.S.C.,Neeraj Tiwari Hon'ble Dilip Gupta,J.
Stallion College For Engineering and Technology, District
Saharanpur has filed this petition for a direction upon the
respondents to grant recognition/approval in favour of the
petitioner-Institution for establishment of a new technical
Institution.
It is stated in the petition that the petitioner-Institution submitted
an application before the All India Council for Technical
Education for grant of letter of approval. On 18th April, 2010,
certain deficiencies were pointed out which the petitioner
removed. However, on 6th May, 2010 certain other objections
were raised which were also rectified by the petitioner-Institution
and ultimately the Scrutiny Committee in its third meeting held on
6th June, 2010 considered the application of the petitioner-
Institution and accepted the same. An order for inspection of the
Institution was thereafter passed. It is stated that the Expert
Committee submitted a report in favour of the petitioner-
Institution on 12th June, 2010 but till date the All India Council for
Technical Education has not granted letter of approval to the
petitioner-Institution.
Sri K.N. Tripathi, learned Senior Counsel appearing for the
petitioner, assisted by Sri Nitin Sharma, learned counsel submitted
that the Institution has been established and any delay in issuing
the letter of approval will work to the great prejudice to the
Institution since the counselling for admission of students to the
Technical Institutions will be begin from 15th July, 2010 and the
petitioner-Institution will be not permitted to participate in the said
counselling.
On 2nd July, 2010, time was given to Sri Neeraj Tiwari, learned
counsel for the respondents to seek instructions.
Sri Neeraj Tiwari, learned counsel appearing for the respondents
states that a report in respect of the petitioner-Institution has been
submitted which has to be considered by the Regional Committee
and the Executive Committee of the All India Council for
Technical Education and thereafter only any order can be passed
on the application filed by the petitioner. He further stated that it
will take some time for the Executive Committee to meet since
notice is required to be given to the members.
In view of the peculiar facts and circumstances of the case,
particularly when the counselling is to start from 15th July, 2010 it
is desirable that an appropriate order on the application filed by the
petitioner for issuing the letter of approval should be passed
expeditiously so that in case approval is granted, the petitioner-
Institution can participate in the counselling, otherwise the
petitioner-Institution will not be able to make any admission in the
present Academic Session. In such circumstances, it is directed
that the Regional Committee and the Executive Committee of the
All India Council for Technical Education shall consider the
application filed by the petitioner very expeditiously, preferably
within a period of two weeks from today.
The petition is disposed of subject to the observations made above.
Order Date :- 6.7.2010
SK