NAWAB SHAH ALAM KHAN COLLEGE OF ENGINEERING Vs. JAWAHARLAL NEHRU TECHNOLOGY UNIVERSITY
LAWS(SC)-2014-10-73
SUPREME COURT OF INDIA
Decided on October 29,2014

Nawab Shah Alam Khan College Of Engineering Appellant
VERSUS
Jawaharlal Nehru Technology University Respondents

JUDGEMENT

- (1.)INTERLOCUTORY Applications in C.A. No. 9048/2012 have been filed by the Institutions/Colleges imparting teaching of engineering pharmaceuticals courses within the State of Telangana seeking extension of time/schedule of counselling and admission in the private un -aided AICTE approved technical colleges imparting teaching of technical courses for the Academic Sessions 2014 -2015. Earlier I.A. No. 46/2014 in C.A. No. 9048 of 2012 was filed by the State of Telangana for extension of time in view of creation of the State of Telangana on 2nd June, 2014. Similar I.A. Nos. 50, 51, 52, 53, 54, 55, 56 of 2014 were also filed by the Technical Institutions situated within the State of Haryana for impleading them as a party in C.A. No. 9048/2012 alongwith applications seeking extension of time/schedule of counselling and admission in the private unaided AICTE approved technical colleges imparting teaching of technical courses for the Academic Sessions 2014 -2015.
(2.)TAKING into consideration the fact that if extension is allowed, the students will not suffer and on contrary, if not allowed, many of the students may suffer by not getting admission, inspite of vacancy in different institutions. This Court by order dated 29th August, 2014 passed following order: The Applicants have now proposed the academic calendar for admission in their Colleges/Institutions, without loss of teaching days, making Saturdays as teaching days: The learned Counsel appearing on behalf of other applicants and AICTE submits that there is no objection if the Academic Calendar Year proposed by the applicant - International Institute of Technology & Business, Sonepat and others in I.A. No. 50/2014 is allowed. It may be allowed to be applied to other institutions who have filed similar applications. Having heard the learned Counsel for the parties, we direct to implead the applicants as party to C.A. No. 9048/2012, extend the cutoff for counselling and admission as fixed by the final judgment and order dated 13th December, 2012 passed in C.A. No. 9048/2012 by one week i.e. 5th September, 2014 with clear understanding that they will admit the students and complete the Session as per the time schedule shown and recorded above. This extension of time for Counselling and Admission shall be applicable to the Colleges/Institutions who have filed the applications for impleading as the parties to the present appeal and the Colleges and Institutions for whom permission has been sought by AICTE.
(3.)IN these applications the grievance of the applicants is that inspite of the extension granted by this Court, about 174 private technical colleges/institutions of the State of Telangana, who were recognized by Jawahar Lal Nehru Technology University, Hyderabad (hereinafter referred to as the "University") have not been allowed counseling and admission of students.
According to the university, the colleges/institutions in question have not been granted reaffiliation for the Sessions 2014 -2015 as they do not fulfil all the requisite conditions. On the other hand, according to the council for the applicants, all the technical colleges/institutions fulfilled all criteria and, therefore, approved by All India Council of Technical Education (AICTE)/Pharmaceutical Council of India for the Sessions 2014 -2015. It is also contended that these colleges/institutions were in fact affiliated with the university for the session 2013 -2014 but on wrong ground they have not extended the affiliation. Further according to applicants, the AICTE/Pharmaceutical Council of India, being bodies constituted under the Central Act, their finding relating to approval will prevail over the finding of the university regarding fulfillment of requisite conditions.



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