Pragati Private Iti, v. The Joint Secretary-Cum-Director General Of

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE DR JUSTICE SHAMEEM AKTHER WRIT APPEAL No.917 OF 2016 JUDGMENT: (Per the Hon'ble the Acting Chief Justice Ramesh Ranganathan) Smt. Y.Anupama Devi, learned counsel appearing on behalf of the appellant, would submit that, while the applications of all other institutions were considered by the NCVT for the academic year 2017-18, the appellant has alone be single out for adverse treatment.

2.

Sri B.Narayana Reddy, learned Standing Counsel appearing on behalf of the respondents, would point out, not without justification, that the relief sought for in the writ petition is only for the academic year 2016-17; and, in such circumstances, the learned Single Judge was justified in dismissing the Writ petition on the ground of delay and laches, after holding that the petitioner had approached the Court after the last date for admissions in ITI was over on 24.09.2016.

3.

As it is not in dispute that the last date for admission in ITI, for the academic year 2016-17 was over by 24.09.2016, we find no error in the order of the learned Single Judge necessitating interfere in an intra-Court appeal under Clause 15 of the Letters Patent. The fact, however, remains that failure to obtain approval for the academic year 2016-17 would not disentitle the appellant herein from having their request considered for the subsequent academic year 2017-18. We make it clear, therefore, that dismissal of either this appeal or the writ petition would not

preclude the petitioner from seeking permission and affiliation for the subsequent academic years, commencing from 2017-18 onwards, in accordance with law.

4.

Leaving it open to the petitioner to avail their legal remedies for the subsequent academic years from 2017-18 onwards, the writ appeal fails and is, accordingly, dismissed. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (DR. SHAMEEM AKTHER, J) 30th January, 2017 Note:- Issue cc in one week B/O SIVA/ES