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High Court of Punjab and HaryanaCWP/6913/2016dismissed

Keshav Educational Society v. All India Council For Technical Edu. And ORS.

2016-05-06Mr. Justice R.P. Nagrath5 pages

[ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision:06.05.2016 Keshav Educational Society

...Petitioner

Versus

All India Council for Technical Education and others

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Ashwani Talwar, Advocate, and Mr. Sagar Deswal, Advocate, for the petitioner. Mr. S.K.Sharma, Advocate, for the respondents.

Rakesh Kumar Jain, J.

The petitioner-society is running a Pharmacy College by the name of Keshav College of Pharmacy at Assandh-Kohand Road, VPO Salwan, District Karnal (hereinafter referred to as the "institute"). It was accorded approval by the National Council for Teacher Education (NCTE) in the year 2007, which was extended upto 2014-15 but it did not apply for extension of approval for the session 2015-16. The Pharmacy Council of India (PCI) put the college of the petitioner-society under "No Admission" category for the session 2015-16 but now the petitioner has applied for extension of approval for the session 2016-2017. In order to verify about the infrastructure as per the AICTE norms, an Expert Committee was appointed, who visited the institute on 29.03.2016 and noticed about 24 deficiencies which are recorded in its report. Thereafter, the case of the

[ 2 ] petitioner was referred to the Standing Appellate Committee for further consideration. The Standing Appellate Committee is presided over by a retired High Court Judge who had asked the petitioner on 02.04.2016 to present their case before it on 04.04.2016 at the AICTE Headquarters along with relevant supporting documents.

At the time when notice of motion was issued in this case, counsel for the petitioner had submitted that though the petitioner had received an e-mail on 02.04.2016 asking it to appear before the Standing Appellate Committee on 04.04.2016 and though the petitioner had appeared and submitted the relevant documents on the said date but no decision has been taken.

During the pendency of the writ petition, the petitioner filed CM No.4863 of 2016 for amending the writ petition on the ground that the Standing Appellate Committee has decided the matter against the petitioner on 04.04.2016 which it wanted to challenge as well. The permission was granted to the petitioner and hence, the said application for amendment was allowed and the amended writ petition was taken on record. It is contended by the counsel for the petitioner that the order of the Standing Appellate Committee is illegal as all the deficiencies reported by the Expert Committee have been removed.

On the other hand, counsel for the respondents has submitted that the deficiencies pointed out could not be explained and removed even before the Standing Appellate Committee by the petitioner. I have learned counsel for the parties and examined the available record with their able assistance.

The deficiencies reported by the Expert Committee,

[ 3 ] recommendations and observations of the Standing Appellate Committee on all the 24 heads have been given in detail in the impugned order, which are reproduced as under for the ready reference:- S.N.

Deficiency Reported by EVC Recommendations/ Observations of SAC Whether any other institution (AICTE approved/not under AICTE ambit) are being run/proposed to be run in the same patch of land shown for the present institution. Also no other programmes such as BBA/BCA/B.Sc. (S/W Engg.)/M.Sc.

(S/W, Engg.) etc are being run/sharing in the premises (Land and building) of the present Institution-Yes No documents produced Availability of language Laboratory (Mandatory as per AICTE norms). Not Presented Documents not presented to any cases for (Sr. No.1 to 24) Availability of Portable water supply - Not Presented Not Presented A certificate by an architect giving details of sewage disposal system (Physical verification of the same is to be done) Not Accepted Not Presented Barrier free environment and toilets created for physically challenged. (Ramp or Working Lift etc.)

- Not Accepted Not Presented General insurance provided for assets against fire, burglary and other calamities - Not Presented Not Presented Establishment of Anti Ragging Committee (as per all India Council for Technical Education notified regulation for prevention and prohibition of ragging in AICTE approved technical Institutions vide No.373/Legal/AICTE/2009 dated 01.07.2009)- Not Accepted Not Presented Establishment of Grievance Redressal Committee in the Institute and appointment of Ombudsman by the University (as per All India Council for Technical Education (Establishment of Mechanism for Grievance Redressal) regulations 2012, F.No.37-3/Legal 112012 dated 25.05.2012)- Not Presented.

Not Presented Establishment of Internal Complaint Committee (ICC) (as per Section 4 of Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal Act 2012) - Not Presented.

No documents produced Establishment of Committee for SC/ST (as per the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 No.33 of 1989, dated 11.09.1989)- Not accepted.

-do-

[ 4 ] S.N.

Deficiency Reported by EVC Recommendations/ Observations of SAC Internet Bandwidth- Not Ready/Not Accepted (6mbps) available 6 against required 16 No documents produced PC to student ration- Not Ready/Not Accepted (PCs are less) -doLanguage laboratory- Not Ready/Not accepted (No language lab) -doLibrary details -doItem No. Nos Shortfall Required Available Volumes 5000 2371 2329 National Journals, Library Management Software, Multimedia PC- Not Ready/Not Accepted.

Office All Inclusive - Not Ready/Not Accepted (less area available) -doBoys Common Room - Not Ready/Not Accepted (Less than required area) -doGirls Common Room - Not Ready/Not Accepted (less area is available) -doCafeteria- Not Ready/Not Accepted (Less area is available) -doFirst aid Cum Stick Room-Not Ready/Not Accepted (Not Available).

-doComputer Center-Not Ready/Not Accepted (Not Available) -doLibrary & Reading Room- Not Ready/Not Accepted (less area is available) -doAnimal House-Not Ready/Not Accepted (Under Construction) -doSeminar Hall- Not Ready/Not Accepted (Not Available) -doMoreover, it has been specifically observed by the Standing Appellate Committee as under:- " Recommendation of the Standing Appellate Committee:- No documents are produced and it appears that the management is not serious in removing deficiencies. After not getting extension of approval in the year 2015-16, no sincere efforts were made in removing the important essential deficiencies listed in the EVC report.

Hence extension of approval is not recommended for the forthcoming academic year 2016-17.

Today, they have presented an application is is being attached."

[ 5 ] Thus, keeping in view the totality of the facts and circumstances, as narrated above, I do not find any reason to interfere in the present writ petition and hence, the same is hereby dismissed. May 06, 2016 (Rakesh Kumar Jain) vinod* Judge