ARINDAM SINHA,J. - (1.) Petitioner is a candidate who obtained 5th position in provisional merit list of self sponsored candidates (General) for Post Graduate M. Tech in Environmental Biotechnology course, session 2018-2019 on taking admission test conducted by Jadavpur University. Said merit list shows the University offered petitioner admission on having obtained final score of 66.05, highest score obtained being 73.75 and lowest being 61.10, obtained by last candidate offered admission. The admission process then required candidates such as petitioner to comply with clause 13(e) in instructions for filling up application form online given out by the University. Said requirement is reproduced below: "13. Candidates Are Requested To Bring The Following Self-Attested Documents Along With The Originals At The Time Of Final Admission To The Course: e) Bachelor course approval letter of AICTE or COA or UGC-AICTE-DEC Joint Committee from the appropriate authority."
(2.) Petitioner being unable to comply informed reason for inability by letter dated 1st August, 2018 written to Vice-Chancellor of the University. Relevant text in that letter is reproduced below: "Most respectfully and humbly, I, Arnab Banerjee, beg to state that I have got opportunity to take admission in M.Tech Environmental Biotechnology. Today (1/8/18) when I approached FET office for queries regarding admission for tomorrow (2/8/18), I was asked to produce AICTE course approval letter from my last University, i.e. Techno India University, West Bengal. But, I could produce the AICTE approval at that point of time, since Techno India University West Bengal has the approval of UGC."
(3.) Mr. Bose, learned advocate appears on behalf of petitioner and relies on All India Council for Technical Education Act, 1987. He refers to definitions section 2, clauses (g), (h) and (i). He submits, separate meanings for words 'technical education', 'technical institutions' and 'University' have been provided therein. He then refers to clause (k) and (o) in section 10. He submits, grant of approval by AICTE is only required for starting new technical institutions. He submits, this position in law has been declared by Supreme Court in Bharathidasan University v. All India Council for Technical Education reported in (2001) 8 Supreme Court Cases 676 , paragraphs 15 and 16.;