Swami Devi Dyal Hi-Tech Education vs State Of Haryana And Another on 19 August, 2009

CWP No.11846 of 2009                                : 1:

        In the High Court of Punjab and Haryana at Chandigarh.


                                Date of decision: 19.08.2009



Swami Devi Dyal Hi-Tech Education
Academy                                                    .. Petitioner

Vs.

State of Haryana and another                       .. Respondents



        CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI.

Present:      Mr.Rajive Atma Ram, Senior Advocate,with
              Mr.Arjun Partap "Atma Ram, Advocate,
              for the petitioner.

              Mr.SK Monga, Sr.DAG, Haryana, for respondent Nos.1&2.

              Mr.AS Virk, Advocate,for respondent No.3.

              Mr.SK Sharma, Advocate,for respondent No.4.

              --

PERMOD KOHLI, J. (Oral)

The petitioner is an institution established to impart education

for various engineering courses. The institute was duly recognised by the

AICTE vide letter dated 29.06.2008 as an Engineering College for girls

only. The intake capacity of the college is 270 for three different

engineering courses with 90 intake capacity for each course. The petitioner

approached the AICTE vide letter dated 28.08.2008 for permission to

convert the girls college to a co-education institution from academic session

2008-2009. Receiving no response, the petitioner sent another

representation dated 16.10.2008 for the same purpose. Even this

representation of the petitioner has not been responded to. The petitioner
CWP No.11846 of 2009 : 2:

has accordingly approached this Court seeking a direction in the mature of

mandamus to permit the petitioner to convert the Institute from Girls

Institute of Engineering to Co-educational Institute for Engineering as the

petitioner has not been able to attract enough number of girl students to fill

up the intake capacity. It is stated that during the academic session 2008-

2009 only 24 girl students could be admitted and for the session 2009-

2010, only 9 girl students have been admitted.

It is contended that the petitioner has created all infrastructure

and has also requisite number of the faculty members according to the

intake capacity of the students. However, the girl students are not available.

The petitioner-institute is starving and is at the stage of collapse.

The AICTE has not filed the reply and has argued the matter.

However, Mr. Sharma appearing on its behalf submits that the petitioner

should possess the requisite infrastructure and faculty members for the

purpose. It is further contended that the petitioner institution cannot be

converted into a co-educational institution as various incentives were given

to the petitioner-Institute at the time of its establishment as a girls institute.

A similar issue came to be considered by this Court in CWP

No.8318 of 2009 (Shree Siddhivinayak Educational Trust Vs. State of

Haryana and others), decided on 15.07.2009. In the aforesaid writ petition

also, the issue of conversion of the girls institute into a co-educational

institute has been considered after rejection of the request by the AICTE.

While considering the aforesaid issue, this Court made the following

observations:-

“…………………… The petitioner now wanted to

convert the Women Institutions into Co-education
CWP No.11846 of 2009 : 3:

Institutions.

                                       In the     short reply filed by the

                       respondents,      the     grounds   for   rejection   as

mentioned in Annexure P-7, have been reiterated.

Vide order dated 10.07.2009, further

information was sought from the AICTE. The said

order reads as follows:-

“Reply on behalf of respondents No.3 and 4

filed in Court is taken on record.

The moot question that needs consideration

is whether the policy of the AICTE

permitting establishment of girls institute is

an absolute bar for its alteration at any

subsequent stage or there is no embargo for

such an established institution to apply for

deviation for conversion into a co-education

institution. Mr.Sharma shall produce the

requisite policy on the next date of hearing.

List on 14.07.2009.”

Mr.SK Sharma, learned counsel

appearing for the AICTE has produced the Policy

Decisions of the Council with regard to Approval

Process. He has referred paragraphs 9.20, 9.21

and 9.28 of the Policy Decision to argue that the

petitioner is not entitled to convert its existing
CWP No.11846 of 2009 : 4:

institutions into integrated Campus as a Co-

education institution. Paragraph 9.20 deals with the

change of name of an institution, whereas

paragraph 9.21 deals with change of category of an

Institution i.e. from Self-financing to Aided etc.

Both these paragraphs have no application in the

present case. Paragraph 9.28 deals with the

establishment of New Technical institutions for

Women, which is reproduced as under:-

” 9.28 Establishment of New Technical

Institutions for Women.

For establishment of new technical

institutions exclusively set up for women

certain norms have been relaxed which are

as follows:-

a. Land: For the technical institutions

exclusively set up for women, the land

norms prescribed for establishment of all

other Technical Institutions have been

relaxed up to 50% in rural category and 20%

in Metro & State Capital category and 10%

in Mega Cities category.

b. FDR and Processing Fee: 20% relaxation

are allowed in FDR amount and processing

fees for establishment of new technical
CWP No.11846 of 2009 : 5:

institutions exclusively set up for women.

c. Built up area & Number of courses and

intake: The total built up area required for

setting up of new institutions are as per

existing norms. However, to start with

institutions for women will be allowed up to

5 courses with total annual intake of 300

with each course intake not exceeding 90.

                             d.     Single window system for processing

                             proposals: Two copies          o the application

shall be submitted to the Member Secretary,

AICTE along with a proof of having

submitted a copy of the application each to

the affiliating University and State

Government and a Demand Draft of

Rs.5000/- drawn on a nationalized bank in

favour of “The Member Secretary, AICTE”

payable at New Delhi. One copy of the

application shall be directly submitted each

to the affiliating University and the State

Government either in person or through

Speed/Registered Post.”.

From the perusal of the aforesaid

paragraph, it is abundantly clear that for

establishment of the New Technical Institutions for
CWP No.11846 of 2009 : 6:

Women, the AICTE had introduced various

incentives stipulated therein. It is not in dispute

that the petitioner did avail all incentives while

introducing two Women Institutions referred to

above and now the petitioner-Trust has approached

AICTE for conversion of these Institutions into co-

educational institutions and for integration of the

Campus.

Mr.Sunil Chadha, learned counsel for

the petitioner has made a statement at the Bar and

has also referred to the averments made in his

application Annexure P-3 to the effect that the

petitioner is still ready and willing to forego all

incentives. Not only this, the petitioner has given

the details in paragraph 21 of the writ petition to

indicate that petitioner has already surrendered all

incentives and benefits secured at the time of

establishment of the two Women Institutions. It is

also stated that the land for co-

educational/integrated Campus has already been

purchased and the necessary infrastructure is

complete and ready. It is also stated that the

petitioner even deposited the additional fee for

establishing a co-educational Institution. It is,

accordingly, prayed that the petitioner may be

permitted to switch over to the co-educational
CWP No.11846 of 2009 : 7:

institution because the petitioner has completed all

norms as required by the AICTE.

Even though the AICTE in its

impugned letter Annexure P-7 has rejected the

claim of the petitioner for conversion of the Girls

Institutions to Co-educational Institutions, no but

rules, regulations or norms or policy decision has

been brought to the notice of this Court with

regard to conversion of the Girls Institutions into

co-education Institutions. What has been brought

to my notice is paragraph 9.28 of the Policy

decision which only provides for relaxation of

norms in case one intends to establish a girl

institute. It does not, in any manner, create an

embargo for conversion of the girls Institution to

co-educational institution if the Institution is ready

and willing to meet all norms/requirements of the

AICTE.

In view of the above, present petition

is allowed. Impugned letter dated 04.03.2009,

Annexure P-7, is hereby set aside. The AICTE is

directed to take a fresh decision on the application

of the petitioner for conversion of the existing girls

Institutions to that of co-education Institutions

with integrated campus on the basis of the norms

meant for the Co-education Institutions/integrated
CWP No.11846 of 2009 : 8:

campus, as stipulated in Annexure P-2. The

petitioner has also notified the courses intended to

be started after conversion, even though,

presently, the petitioner is running different kinds

of courses. AICTE will also examine this aspect of

the matter and may permit the petitioner to switch

over to new courses as may be considered

appropriate. The AICTE is further directed to

pass a fresh order keeping in view the above

aspects subject to fulfillment of the necessary

conditions/norms by the petitioner in this regard.

Let the decision in this regard be taken within a

period of one week from the date a certified copy

of this order is made available to the competent

authority.”

In the present case also, the petitioner has stated that the

petitioner is ready and willing to forego all the incentives obtained by it for

establishment of the girls institute. Not only this, in paragraph 14 of the

writ petition, the petitioner has also stated that the petitioner is ready and

willing to pay the additional processing fee. It is also averred that the

petitioner has also purchased the additional adjoining land of 5 acres and

has already created the additional FDR of Rs.15 lacs.

In view of the above circumstances, this petition is allowed in

the light of the judgment mentioned hereinabove. It is directed that the

petitioner be allowed to convert the girls institute to a co-educational
CWP No.11846 of 2009 : 9:

institute subject to completion of all formalities. Respondent No.4 will

accordingly allot the students to the petitioner institute after it acquires the

status of co-educational institute. It is further directed that the AICTE will

take decision on the request of the petitioner for conversion of the present

girls institute into a co-educational institute within a period of 10 days. In

the meantime, respondent No.4 will allot students to the petitioner

institution treating as a co-educational institute. However, the final

admissions will remain subject to the decision of the AICTE.

19.08.2009                                   (PERMOD KOHLI)
BLS                                              JUDGE

Note: Whether to be referred to the Reporter? YES