K.G.Balakrishnan, J. - (1.) LEAVE granted.
(2.) HEARD the learned counsel for the appellant and respondents 1 to 4. This appeal is preferred by I.I.T.T. College of Engineering represented through its officiating Chairman. The engineering college was started by a society, by name, International Institute of Telecom Technology Society, Kala Amb, registered under the Societies Registration Act. The society established the Engineering College at Sirmaur district in the State of Himachal Pradesh after obtaining initial permission from All India Council for Technical Education (for short AICTE) in 1997 and 'no objection' certificate from the university and started four year degree courses in electrical engineering, electronics and communication engineering and computer science and engineering, with a maximum intake of 40 students in each discipline. The college sought permission to start a degree course in information technology and extension of approval for the session 1998-99. For this purpose, an expert team of AICTE visited the institution, on 28.3.1998. AICTE extended its approval on 31.7.1998 for the academic session 1998-99 with an intake of 140 students. The AICTE (4th respondent herein), however, did not accord its approval to the additional courses in information technology and electronics and instrumentation for the session 1998-99. The college again applied for extension of approval for the session 1999-2000 with a request for increasing intake and starting additional courses. The expert committee visited the institution on 16.2.1999 and recommended information technology as additional course with intake of 40. After considering the said report, the AICTE had accorded approval through its communication dated 27.7.1999 for the intake of 200 students including 40 in the additional course of information technology subject to fulfilment of norms and the conditions stipulated by the council. However, the H.P. University, which had also sent its team for inspection in April, 1999, declined to grant its approval and affiliation for the I.T. course. The University had also issued a press note on 12.8.1999, warning the students seeking admission to the said course. However, the students were admitted by the appellant-college on the basis of the approval granted by AICTE. The question of extension of approval for the session 2000-2001 was again considered by AICTE in the light of the inspection reports of the expert committee. The AICTE, by its letter dated 24.7.2000, communicated the extension of approval with reduced intake of 160 subject to the conditions specified in Annexure-I. No approval was given for the information technology course. In Annexure-I to the said letter, it was made clear that the permission for starting I.T. was withdrawn since the college had not made any attempt to provide proper infrastructure for this course. Moreover, the college management was warned that the admissions to the existing three courses will be stopped from the next year if the deficiencies pointed out therein continued. By its communication dated 17.7.2000, the Registrar of the University advised the appellant-college to delete the I.T. course from the prospectus for the academic session 2000-2001 and to issue a public notice to that effect. Faced with these two adverse communications from AICTE and university, the appellant filed a writ petition (C.W.P. No. 4104 of 2000) in Delhi High Court. The High Court stayed that part of the order dated 24.7.2000 deleting the seats in I.T. course. The university by its letter dated 1.12.2000 informed the appellant-college that the admission/ examination forms sent by the college for holding the first semester examination in I.T. were returned. The university made it clear by its further communication dated 4.12.2000 that no student who was admitted to I.T. course shall be allowed to appear in the first semester examination in the absence of affiliation from the university. At this stage, it appears that the college had submitted an application for grant of affiliation for the course of I.T. on 11.12.2000. However, the application was returned by the university as it did not fulfil the necessary requirements. The appellant then challenged the decision of the university by filing C.W.P. No. 956 of 2000 in Himachal Pradesh High Court. The same was dismissed as withdrawn on 4.1.2001. While so, on 27.3.2001, the Division Bench of High Court of Delhi, while admitting L.P.A. No. 461 of 2000 filed by the State of Himachal Pradesh and H.P. University against the interim order granted on 28.7.2000, permitted the admitted I.T. students to take the examination while making it clear that no special equity will be created in their favour and it will be subject to the ultimate decision. The S.L.P. filed by the State against that order was dismissed. Surprisingly, the AICTE by its communication dated 14.6.2001, accorded approval for the academic year 2001-2002 for all the courses including I.T. which was withdrawn earlier, subject to the fulfilment of three conditions regarding library, physics and chemistry lab and senior faculty. However, the university suspended the affiliation granted to the college initially and directed the college management not to make fresh admissions from the session 2001-2002.
(3.) IN the meanwhile, five students of the information technology course filed Writ Petition No. 24 of 2001 in Himachal Pradesh High Court out of which the present appeal arises. INter alia, they sought for directions to accord affiliation, to direct AICTE to take appropriate steps to safeguard interests of the students and to direct the college management to comply with the directions issued by the university and AICTE. A prayer was also made that till the college management takes steps to comply with the directions of the concerned authorities, the management and administration of the college should be taken over by a senior official-cum-administrator who shall also conduct an inquiry against the management of the college. The High Court took the view that the approval by AICTE does not result in automatic affiliation by the university and the affiliation fell within the exclusive power of the university. As there was no affiliation or approval from the university to run the I.T. course, the action of the university authorities in not allowing the I.T. students to appear for the examination cannot be faulted. The High Court, based on the report given by the AICTE on the basis of inspection conducted on 16.8.2001, i.e., during the pendency of the writ petition, observed that the college did not possess the minimum required infrastructure as per the norms of AICTE and the college failed to comply with the conditions subject to which the approval was accorded by AICTE. The High Court also referred to the affidavit filed by the member secretary-cum-officiating chairman of AICTE, in which he stated that the college lacked basic infrastructure not only for the course of I.T., but also other courses. He further stated that the council had decided to keep the admission of fresh batch of students for the session 2001-2002 in abeyance. The High Court then observed : "The member-secretary probably realized albeit belatedly, that the stand taken on behalf of AICTE earlier was not befitting a responsible council. He, therefore, tried to be rather objective and frankly admitted that the grievance of the State authorities and university had substance." ;