Technocrats Mission For Educational Ambition v. The Union Of India And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6582 of 2015 =========================================================== Technocrats Mission for Educational Ambition, B/49, Biscoman Colony, Gulzarbagh, P.O. Gulzarbagh, P.S. Alamganj, District Patna through its President Ravi Shankar Prasad Singh S/o Sri Ram Sagar Prasad Singh. .... .... Petitioner/s

Versus

1. The Union of India through Secretary, Human Resources Development Department, Government of India, New Delhi.

2. The Chairman, All India Council for Technical Education, New Delhi-3.

3. Northern Regional Officer, All India Council for Technical Education, Kanpur.

4. Standing Appellate Committee, New Delhi through its Chairman. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Mukesh Kumar Singh For the Respondent/s : Mr. M. M. P. Sinha (for AICTE) Mr. Tuhin Shankar, CGC =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 06-11-2015 *************** 06.11.2015 Heard learned senior counsel for the petitioner and counsel representing the A.I.C.T.E.

Annexure-1 is the order passed by the Standing Appellate Committee of A.I.C.T.E., by which permission for recognition and approval for running of a Polytechnic by the petitioner has been rejected on certain technicality, which is evident from perusal of Annexure-1, dated 13.04.2015.

From perusal of some of the objections,

Patna High Court CWJC No.6582 of 2015 dt.06-11-2015 2/3 contained in Annexure-1, it is evident that if only the Committee has given the proper opportunity to the petitioner, certain misgivings would have been cleared and clarified. Since in Bihar, the certification with regard to land records / revenue related matters are issued by the Circle Officer and we do not have a concept of Tehsildar and the District Magistrate or Sub-divisional Magistrate have no role to play in issuance of such certification, the reason in this regard contained in Issue No. 6 for rejection seems to be misplaced. So far as some of the other issues of non-acceptance are concerned, these are some technical minor issues, which the petitioner will surely take care of and revert to the Technical Committee, which will give the petitioner an opportunity of hearing as well to explain any misgivings with regard to understanding of some of the certificates and documents in support.

In view of the fact that all major issues have been sorted out earlier, the impugned order, contained in Annexure-1, dated 13.04.2015 is quashed.

Writ application is allowed.

Let the Standing Appellate Committee rehear the matter, give an opportunity and pass a fresh order within a reasonable time, so that the petitioner can beget

Patna High Court CWJC No.6582 of 2015 dt.06-11-2015 3/3 recognition and permission before next academic year begins.

Writ application is allowed in terms of above. (Ajay Kumar Tripathi, J.) U SKM/-