High Court for State of TelanganaWP/1711/2011dismissed as infructuous

Balajee Education Society Marupalli, v. The All India Council For Technical Education (Aicte)

2016-03-03A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 1711 of 2011 Order:

This Writ Petition was filed for the following relief. "Issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring Para 14 of advertisement No.Approval/12(05)/2010 which was published in the Hindu daily newspaper dated 24.12.2010 and insisting higher fixed deposit of Rs.50,00,000/-, instead of Rs.35,00,000/-and processing fee of Rs.75,000/- instead of Rs.25,000/- as arbitrary, discriminatory, illegal, unconstitutional and to declare that the same is not applicable to the petitioner in whose favour letter of intent was already granted and consequently to direct the respondents to process the application of the petitioner for the purpose of grant of letter of authority to establish diploma level technical institute (Balajee Polytichnic) without insisting for enhanced fixed deposit of Rs.50,00,000/- and processing fee of Rs.7,50,000/- with all consequential benefits."

2. It is evident from the above relief that the petitioner has to apply afresh pursuant to the notice published in the newspapers for the present academic year and, if the petitioner wants to establish an institution, he has to establish in accordance with the latest rules applicable for such establishment. In view of lapse of time and in the absence of any interim order granted at the time of admission of the writ petition, the relief sought for by the petitioner does not survive for consideration and the Writ Petition has become infructuous.

3. Accordingly, the Writ Petition is dismissed as infructuous. However, it is open to the petitioner to challenge the new rules as and when a notification is issued by the respondents. There shall be no order as to costs.

4. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

________________________ A.

RAMALINGESWARA RAO, J.

Date: 03.03.2016 Nsr