K.C.PURI,J - (1.) IN this Civil Writ Petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for the issuance of a writ in the nature of Certiorari for quashing order dated 4.10.2007,Annexure P-6, being capricious, grossly illegal, arbitrary, violative of Article 14 of the Constitution of India as well as principles of natural justice and having been issued with a mala-fide intention. The petitioner also clam ours for a writ in the nature of Mandamus for directing the respondents to grant approval to the petitioner for 60 seats for Diploma in Hotel Management and catering Technology Course with effect from 2007-08 and in the alternative to allow the said Institute to fill up/admit 60 students at its own level for the session 2007-08.
(2.) THE facts as are divulged from the pleadings are that All India Council for Technical Education (hereinafter to be referred to as AICTE) issued a hand book for approval process wherein guidelines for processing of applications for grant of approval to the Institutions offering Diploma Programmes in Engineering and Technology/Pharmacy/Hotel Management and Catering Technology/Architecture/Applied Arts and Crafts have been laid dowm. It has been stated in the said guidelines that AICTE has been taken a conscious decision to decentralize and rationalize the system of approval to the diploma level programmes with an aim to entrust greater responsibilities to the State Government/UT Administration in the decision. It has been further pleaded that the petitioner was already running a four year degree course, duly approved by the AICTE in Hotel Management and Catering Technology with effect from the session 2007-08 on the land measuring 2.5 acres village Matwa Kalan, Bilaspur-Sadhaura Road, Tehsil Jagadhri, District Yamuna Nagar. For running the aforesaid four year degree course, the petitioner-Trust required constructed area measuring 1182 sq.meters, whereas the Institution constructed more than that area. The petitioner-Trust intended to start diploma course in Hotel Management and Catering Technology as well as in the name of Ganpati Institute of Hotel Management with an initial intake of 60 seats with effect from academic session of 2007-08. The petitioner-Trust submitted an application dated 23.11.2006 to the Director, Directorate of Technical Education, Haryana, Chandigarh for issuing Letter of Intent at the earliest and Letter of Approval for starting diploma in Hotel Management and Catering Technology with effect from academic session 2007-08. The petitioner also sent demand draft of 23.11.2006 in the sum of Rs. 5,000/- along with all the necessary documents. The State Government constituted a Hearing Committee for consideration of the said application. On being called, the Chief Executive Officer of the petitioner-Trust appeared before the Hearing Committee on 25.1.2007. On the recommendation of Hearing Committee and the State Level Committee, the Regional Officer of NWRO, AICTE, Chandigarh issued in the name of Chairman/President of Ganpati Institute of Hotel Management for the academic year 2007-08. As required, the petitioner- Trust sent all the necessary documents and a demand draft of Rs. 25,000/- towards inspection/processing fee and FDR for Rs. 20 lacs for a period of ten years in favour of Director, Technical Education, Haryana, Chandigarh and President/Chairman of the petitioner Trust. Thereafter Expert Committee was constituted which visited the proposed Institute on 21.6.2007. Now, respondent No. 5, with an absolutely mala fide intention has issued letter dated 4.10.2007, Annexure P-6, in which it has been stated that on receipt of clarification form AICTE, HQ., New Delhi, proposal of the petitioner for establishment of new diploma HMCT Institution was not found suitable as per AICTE norms for the academic session 2007-08. The petitioner has challenged the said order in the instant Civil Writ Petition.
(3.) RESPONDENT Nos. 1 to 4 contested the claim of the petitioner and filed detailed written statement, pleading that the case was processed for necessary clarification to the effect that as per norms, whether two institutions can be run/approved on the same piece of land and in reply thereof, the Headquarters, AICTE, Delhi has clarified that separate piece of land was required for starting Diploma Programmes as per norms. The proposal of the petitioner for approval to start Ganpati Institute of Hotel Management was rejected on the ground that the same land was being used for Diploma Courses which has been shown and utilized for Degree Programme vide letter dated 4.10.2007 with liberty to file an appeal before the Competent Authority. For the session 2007-08, the AICTE has issued guidelines through approval process handbook under Regulation 2.6.4(b) of the Regulations. Keeping in view the above Regulation, the AICTE has issued two separate approval process for granting approval to Degree Level Courses as well as Diploma Level Courses. According to Chapter 11, the land for Degree Level Institution in Hotel Management and Catering Tech. is 2.5 acres. Keeping in view the above requirement, the AICTE had accorded its approval to start Degree Courses from session 2007-08. The petitioner-Society also applied for starting Diploma Courses and for that purpose, it showed the same piece of land which has been already utilized for Degree Programme although as per requirement of AICTE a separate piece of land of five acres was required for starting new Institute to impart education in Diploma Courses. No Institution had been accorded approval for the sessions 2007-08 for running Diploma and Courses on the same piece of land. In the end, a prayer for dismissal of Civil Writ Petition has been made.;