- (1.) Heard Sri Anurag Khanna, learned counsel for the petitioner, Sri Neeraj Tiwari, learned counsel for respondent nos. 2 to 4 and learned Standing Counsel for the State-respondents.
(2.) Application made by the petitioner institution, namely, Devo Mahesha College of Engineering & Technology, Sukrit, Robartsganj, Sonbhadra for establishing a college of engineering and technology was rejected by the Member Secretary, All India Council for Technical Education (hereinafter referred to as the 'AICTE') under order dated 6th March, 2013. The only reason assigned in the order is that there are deficiencies as per the reports, (a) Scrutiny report, (b) Re-scrutiny report, (c) Expert Committee visit report, (d) Regional Committee report, and (e) Rejection in the EC. As per the rules applicable, the matter stood referred to the Standing Appeal Committee (hereinafter referred to as the 'SAC'). The petitioner was informed vide letter of the same date i.e. 6th March, 2013 to appear before the Appeal Committee on 12th March, 2013 at its New Delhi office. Petitioner was permitted to produce all original records in support of his defence.
(3.) It is the case of the petitioner that in response to the aforesaid order, he did appear before the SAC on the date and time fixed. However, SAC referred the petitioner to the Regional Office and directed the petitioner to make available all relevant records on 14th March, 2013 before the Regional Office. Petitioner complied with the aforesaid direction and thereafter the petitioner was informed that a team of expert shall visit the petitioner institution on 22nd March, 2013. Actual inspection did take place on 22nd March, 2013 by the team of experts of AICTE. Suddenly on 5th April, 2013, petitioner has been served with an order signed by the Member Secretary stating therein that his application for establishing the engineering and technology institution has been rejected on the basis of the reports, as referred earlier with the addition of SAC report.;