Madras High CourtWMP/9655/2018allowed

Saveetha Institute Of Medical v. The Chairman/ Member

2018-04-04Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Wednesday, the Fourth day of April Two Thousand Eighteen PRESENT THE HON'BLE MR.JUSTICE S.VAIDYANATHAN WMP No.9655 of 2018 IN WP.

624/2018 SAVEETHA INSTITUTE OF MEDICAL [ PETITIONER ] & TECHNICAL SCIENCES (ESTABLISHED UNDER SECTION 3 OF UGC ACT) 162, POONAMALLEE HIGH ROAD, VELLAPPANCHAVADI, CHENNAI 600 077, REP BY ITS REGISTRAR Vs 1 THE CHAIRMAN/ MEMBER [ RESPONDENTS ] SECRETARY, ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI 110 002 2 THE SECRETARY UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH JAFARMARG, NEW DELHI 110 002 3 MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION, 128, C WING , SHASTRI BHAVAN, NEW DELHI 110 115 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Permit the Petitioner University for Extension of Time to apply for AICTE for approval pursuant to the public notice issued by the 1st Respondent, published vide Advertisement dated 24.

12.2018 in Advt. No. Approval/12 (03)/2017, for the approval process 2018-19 under signed by Member Secretary, AICTE for conducting technical programmes / Courses including the course of management for the academic session 2018-19 and consequentially direct the 1st Respondent / AICTE to accept the application as the deadline for submission of application has expired on 31.01.2018 but subsequently extended until 05.02.2018.(WMP.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.P.WILSON, SENIOR COUNSEL FOR M/S.S.SARAVANAN, Advocate for the petitioner and of MR.B.RABU MANOHAR, Advocate for the 1 & 3 Respondents and of MR.P.R.GOPINATHAN, Advocate for the 2nd Respondent the court made the following order:- The Petitioner/Institution has come up with this Miscellaneous Petition seeking permission to extend time to apply for AICTE approval, pursuant to the public notice issued by the 1st Respondent, published vide Advertisement, dated 24.12.2018 in Advt. No.Approval/12 (03)/2017, for the approval process 2018-2019 undersigned by the Member Secretary, AICTE for conducting technical programmes/Courses including the course of Management for the academic session 2018-19 and consequently direct the 1st Respondent/AICTE to accept the application, as the deadline for submission of application has expired on 31.01.2018, but subsequently extended until 05.02.2018.

2. Today, when the matter is taken up for hearing, Mr.B.Rabu Manohar, learned Counsel appearing for Respondents 1 and 3 submitted that the cut-off date with regard to filing of application for granting AICTE approval for the academic year 20182019, has been extended till 30.04.2018 and that time is too short for them to process and decide about the said approval. He further submitted that all other Institutions have applied, except the Petitioner.

Taking note of the submissions of the parties, time for accepting the application for AICTE approval is extended till 31.05.2018. However, taking note of the order of the Hon'ble Apex Court in Transfer Petition (Civil) Nos.420-422 of 2018, dated 23.03.2018, it is made clear that no admission shall take place unless the approval is granted by AICTE.

4. The Petitioner/Institution is granted time to apply for AICTE approval within a week from today and that the AICTE shall consider the request of the Petitioner with regard to grant of approval before 31.05.2018.

This Writ Miscellaneous Petition is accordingly allowed. -sd/- 04/04/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE CHAIRMAN/ MEMBER SECRETARY, ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI 110 002 2 THE SECRETARY UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH JAFARMARG, NEW DELHI 110 002 3 MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION, 128, C WING , SHASTRI BHAVAN, NEW DELHI 110 115 C.C. to M/S.S.SARAVANAN Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.9655/2018 in WP.624/2018 Date :04/04/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 04/04/2018 (IT)