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High Court of DelhiW.P.(C)/3352/2017

Joshil K Abraham & ORS v. Government Of NCT & ORS

2017-11-13Hon'Ble Mr. Justice V. Kameswar Rao3 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3352/2017 JOSHIL K ABRAHAM & ORS ..... Petitioners Through:

Mr Shakti Vardhan Sharma, proxy counsel for Mr Prashant Bhushan, Advocate.

versus GOVERNMENT OF NCT & ORS ..... Respondents Through:

Mr Gautam Narayan, ASC, Civil, GNCTD with Mr R.A. Iyer, Advocate for R-1 to R-3 with Mr A.K. Chanda, Nodal Officer and Mr B.S. Rawat, DTTE (GNCTD)(GBPEC).

Mr Arjun Mitra and Ms Jaskaran Kaur, Advocates for R-4.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.11.2017 CM NOS. 14691/2017 & 39580/2017 in W.P.(C) 3352/2017 1.

The petitioners - who are professors and students of GB Pant Government Engineering College (hereafter 'the Engineering College') - have filed the present petition, inter alia, praying that directions be issued to the respondents to construct a full fledged campus of the Engineering College, for students and faculty.

2.

The petitioners allege that the state of infrastructure in the Engineering College is dismal and classes are being conducted in an abandoned hostel block of G.B. Pant Polytechnic. It is the petitioners' claim that the Engineering College was established in 2007 and the petitioners further state that the campus of the Engineering College was to be built on

the vacant land of G.B. Pant Polytechnic.

3.

The petitioners also allege that 25 acres of land out of the land available with GB Pant Polytechnic - which was to be used to build the campus of the Engineering College - was allotted to Indraprastha Institute of Information Technology (IIITD). However, they have exceeded their construction beyond 25 acres allotted to them. 4.

The immediate concern of the petitioners is that the Engineering College is liable to be put on a 'No Admission List' by the All India Council for Technical Education (hereafter 'AICTE') on account of lack of infrastructure.

5.

There is nothing on record which would support the petitioners' contention that the entire land of GP Pant Polytechnic was to be made available for the campus of the Engineering College. Thus, any order/direction to allocate any further land for the campus of the Engineering College cannot be granted.

6.

G.P. Pant Polytechnic was established in the year 1961 and approximately 65 acres of land was provided by the Union of India for the said college. Thereafter, by an order dated 21.12.2012, the land was transferred in the name of Department of Training and Technical Education (DTTE), Government of NCT of Delhi. Respondent nos. 1 to 3 states that the Engineering College is functioning on a land measuring 3.5 acres and as per the norms prescribed by AICTE, an area of 1.5 acres is sufficient for running the college.

7.

Mr Gautam Narayan, learned counsel appearing for respondent nos.1 to 3 submits that AICTE has pointed out certain shortcomings and steps are being taken to ensure that all observations made by AICTE are addressed.

8.

In view of the above, it is directed that respondent nos. 1 to 3 shall take all steps to ensure that the shortcomings pointed out by AICTE are duly addressed. AICTE shall also inspect the class rooms and if the same are not in accordance with their norms, respondent nos. 1 to 3 shall take steps to remodel or reconstruct the classrooms so as to ensure that it conforms to the requirement of AICTE.

9.

The respondents shall also ensure that the land of 3.5 acres, which is stated to be available for the Engineering College, is not encroached upon or usurped in any manner.

10.

No further orders are required to be passed in the present petition. The petition and pending applications are, accordingly, disposed of. VIBHU BAKHRU, J NOVEMBER 13, 2017 pkv