- (1.) The petitionerNilai Educational Trust was granted approval on 13.07.2010 for establishing Nilai Educational Trust's Group of Institutes for running Engineering and Management courses. The petitioner is aggrieved by letters dated 07.04.2015 and 14.04.2015 whereby, approval dated 13.07.2010 has been withdrawn.
(2.) The brief facts of the case are that, M/s Dreams Consultant Pvt. Ltd. was incorporated on 19.03.2003 under the Companies Act, 1956 with the objective to setup technical educational institute in the State of Jharkhand. The Company approached Housing and Urban Development Corporation Limited (HUDCO) for grant of loan for construction of Nilai International College at Burmu, Ranchi. The estimated project cost was Rs.39.96 crores for which, loan agreement dated 05.11.2007 for Rs.25 crores was executed between M/s. Dreams Consultant Pvt. Ltd. and HUDCO. The Company mortgaged 11.985 acres land with HUDCO as security against the above loan by depositing title deeds of the land. However, the franchise for Nilai International University could not be obtained and, subsequently with a view to seek approval of All India Council for Technical Education (AICTE) for establishing Nilai Educational Trust's Group of Institutes, Nilai Educational Trust was formed under the Indian Trust Act, 1882 on 04.09.2008. M/s Dream Merchants Consultant Pvt. Ltd. transferred 7 acres and 791/2 decimals land situated at villageDandi, Burmu to Nilai Educational Trust through saledeed dated 22.12.2008. However, in view of objection raised by HUDCO, vide deed of cancellation dated 25.05.2009 the said saledeed executed in favour of Nilai Educational Trust was cancelled. On 21.01.2010, the Nilai Educational Trust submitted affidavit in prescribed format for grant of affiliation for establishing an integrated campus for running various Engineering and Management courses. The AICTE team made inspections and considering inspection reports dated 21.05.2010 and 21.06.2010, AICTE granted approval on 13.07.2010 for running various courses with intake of 300 students. In the meantime, HUDCO stopped further disbursement of loan and, on 30.08.2009 declared the loan account as NPA. Though, the repayment of loan was to begin from 31.08.2009 HUDCO filed O.A. No. 121 of 2010 before Debts Recovery Tribunal, Ranchi for recovery of the loan amount. For the academic sessions between 2011 to 2015, the approval granted to the Nilai Educational Trust's Group of Institutes was renewed by AICTE. On 08.08.2014 HUDCO sent a letter to AICTE regarding saledeed dated 22.12.2008 and deed of cancellation dated 25.05.2009 and, the AICTE issued showcause notice dated 23.09.2014 to the petitioner on the allegation of furnishing false affidavit and sought explanation with respect to the aforesaid saledeed and the deed of cancellation. The petitioner submitted its reply on 07.10.2014 however, vide order dated 07.04.2015, AICTE refused to grant extension of approval to the petitioner's Institute, which was challenged by filing writ petition on 15.04.2015. On 14.04.2015, approval to the petitioner's Institute was completely withdrawn by AICTE and therefore, an application seeking permission to challenge order dated 14.04.2015 was filed vide, I.A. No. 3285 of 2015. The said application was allowed vide, order dated 16.07.2015.
(3.) Heard the learned counsel for the parties.;