V. K. Shukla, J. - (1.) Amity Business School, Gautambudh Nagar through its Authorised Signatory as well as Ritanand Balved Education Foundation, a society registered under the Societies Registration Act, 1860, through its General Secretary, has approached this Court, questioning the validity of show cause notice dated 18.8.2005 and action taken pursuant thereto on 17.9.2005 by All India Council for Technical Education and any other consequential action taken pursuant thereto.
(2.) Brief background of the case, as disclosed by the petitioner in the writ petition, is that petitioners have been running PGDM ( PT-2 years) and PGDM (PT) courses since the year 1995. It has been contended that All India Council for Technical Education is statutory body established under the All India Council for Technical Education Act, for the purposes of laying down norms and standard for the programmes of institutions giving approval for setting up of new technical institutions and introduction of new programmes in the existing technical institutions, prescribing guidelines for admission of students and charging of fees etc. It has been contended that approval was accorded to the petitioners' institution and last extension of approval was extended for the period 2004-06. Existing annual intake capacity of the students has been 150 in PGDM (FT) and 60 students for PGDM (PT). Petitioners have contended that each and every prerequisite terms and conditions has been fulfilled by them before establishment and starting of its courses. It has been stated that in the afternoon of 26.7.2005 a fax message was received under the signature of Adviser (UG/PG) All India Council for Technical Education, New Delhi, intimating to the petitioners 27.7.2005 as the date for inspection under Section 10 (p) of the All India Council for Technical Education Act by Expert Committee to verify the maintenance of norms and management of the Technical Education. As notice period was short, requisite information could not be furnished to the said Expert Committee, who visited the institution on 26.7.2005, and thereafter another communication dated 1.8.2005 was received through fax fixing 5.1.2005 as the date of-inspection. Petitioners have contended that Committee Members who visited the petitioners' institution on 5.8.2005 were apparently satisfied and were also having high opinion about the institution. Petitioners have contended that letter dated 18.8.2005 surprised them, wherein petitioners were asked to show cause within ten days as to why action, including withdrawal of approval for the academic session 2005-06, be not taken alleging serious deficiencies mentioned therein. Petitioners have contended that allegations made in the notice was based on flimsy ground and were motivated, inasmuch as between the date of grant of approval vide letter dated 14.5.2004 and the date of issuance of notice, there was no change in the circumstances with reference to faculty, fees structure, built up area, process/procedure of admissions etc. In this background, it was asserted that show cause notice itself was misuser of the authority. The said notice was initially replied on 23.8.2005 briefly dealing with compliance of All Ind a Council for Technical Education Regulations, and thereafter on 29.8.2005, petitioners submitted detailed reply. The All India Council for Technical Education passed order on 17.9.2005 withdrawing approval for the conduct of courses of PGDM (FT) and PGDM (PT) for academic session 2005- 06, and other directives were issued for attachment of students in nearby area. At this juncture, present writ petition has been filed.
(3.) On presentation of writ petition, this Court passed following order, which is being quoted below: "Sri Ajit Kumar Singh has appeared on behalf of respondents No. 1 and 2, learned standing counsel appears for respondents No. 3 and 4. Sri R. N. Singh, Senior Advocate, appearing for the petitioners, contended that the impugned order dated 17.9.2005 has been passed by the All India Council for Technical Education without considering the reply submitted by the petitioners. He further conte idea that petitioners were not aware of the Expert Committee report which inspected the premises on 27.7.2005 and 5.8.2005. Under Section 11 of the All India Council for Technical Education Act, 1987 it was incumbent upon the respondents to communicate the result of inspection. He submitted that before withdrawing the recognition which is based on the basis of Expert Committee report dated 27.7.2005 and 5.8.2005 the petitioner was entitled for two opportunities, i. e. the copy of the report of the Expert Committee and also the show cause notice as contemplated under Regulation 8 (1) empowering withdrawal of the approval. Sri R.N. Singh further contended that by the impugned order direction has been issued to transfer and distribute the students with other approved institutions whereas there is no power with the All India Council for Technical Education to transfer the students. Sri Ajit Kumar Singh, learned counsel for the respondents submitted that the order has been passed after giving show cause notice. He has submitted that in the report of the Expert Committee serious deficiencies were revealed in the institutions and there being violation of norms and standards prescribed by the All India Council for Technical Education Act, the order has rightly been passed for withdrawing the recognition. Sri Ajit Kumar Singh prays for time to produce before the Court the reports of the Committee dated 27.7.2005 and 5.8.2005 to satisfy the Court that the Expert Committee made inspection and was satisfied with regard to violation of norms and standards. Sri Ajit Kumar Singh prays for and is allowed two weeks time to file counter affidavit List on 2151 of October, 2005. Looking to the nature of the dispute raised in the writ petition, it is made clear that the wit petition itself may be disposed of on the next date. Sri Ajit Kumar Singh may also produce before the Court the reports of the Expert Committee and the records pertaining to petitioners' institution. Till the next date fixed, the transfer and distribution of the students to other appropriate institutions, if not already made, shall not take place.";