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2016 DIGILAW 96 (JHR)

Sitwanto Devi Mahila Kalyan Sansthan v. State of Jharkhand Through Its Addition Chief Secretary, Department of Science and Technology

2016-01-12

SHREE CHANDRASHEKHAR

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JUDGMENT : SHREE CHANDRASHEKHAR, J. 1. Seeking a direction upon the respondents to implement the judgment of the Hon'ble Supreme Court holding primacy of the All India Council for Technical Education Act, 1987 and to implement instructions contained in letter dated 14.09.2012, the present writ petition has been filed. 2. The petitioner, a society registered under the Societies Registration Act, 1860, is engaged in providing quality technical education through colleges established by it. Two such colleges established by the petitioner Society namely, Netaji Subhas Institute of Business Management and Netaji Subhash Institute of Education are situated in the State of Jharkhand. Both the colleges were established after taking prior approval of the AICTE and NCTE and in subsequent years also, AICTE and the NCTE have granted extension for approval. 3. Mr. A.K. Mehta, the learned counsel for the petitioner submits that in view of judgment in “Jaya Gokul Educational Trust Vs. The Commissioner and Secretary to Government Higher Education Deptt., Thiruananthapuram, Kerala State & Anr.”, (2000) 5 SCC 231 [: 2000(3) PLJR (SC) 159] and other judgments on the subject, the State Government cannot insist upon granting affiliation for one year only. The further grievance of the petitioner is that the process for grant of affiliation by the University and the State Government is time consuming and it puts the institutes under undue harassment. 4. From a perusal of the writ petition, it is apparent that the AICTE has granted approval and extension for approval to the petitioner's institutes for each academic session separately. It is also a matter of record that the institutes established by the petitioner have submitted application for grant of affiliation for each academic session and the institutes have accepted the order granting affiliation for one academic session. None of the orders by which affiliation for a particular academic session was granted, has been challenged by the institutes. Considering the aforesaid facts, the plea raised on behalf of the petitioner that grant of affiliation for one academic session is in the teeth of judgment of the Hon'ble Supreme Court in “Jaya Gokul Educational Trust Vs. The Commissioner and Secretary to Government Higher Education Deptt., Thiruananthapuram, Kerala State & Anr.”, (2000) 5 SCC 231 [: 2000(3) PLJR (SC) 159] and “State of T.N. & Anr. Vs. Adhiyaman Educational & Research Institute & Ors.”, (1995) 4 SCC 104 cannot be adjudicated. The Commissioner and Secretary to Government Higher Education Deptt., Thiruananthapuram, Kerala State & Anr.”, (2000) 5 SCC 231 [: 2000(3) PLJR (SC) 159] and “State of T.N. & Anr. Vs. Adhiyaman Educational & Research Institute & Ors.”, (1995) 4 SCC 104 cannot be adjudicated. Insofar as, prayer seeking a direction upon the respondents to implement instructions contained in letter dated 14.09.2012 is concerned, the same also cannot be granted. The institutes have not impugned the order granting affiliation on the ground that it has been issued contrary to instructions contained in letter dated 14.09.2012. 5. Considering the aforesaid facts, I am not inclined to interfere in the matter and accordingly, the writ petition is dismissed. However, the petitioner's institutes if aggrieved by the order of affiliation, may challenge the same in an appropriate proceeding in which the petitioner's institutes may raise the plea raised in the present proceeding.