Sujit Narayan Prasad, J. - (1.) Mr. (Dr.) Ashok Kumar Singh, learned counsel for the RespondentUniversity has filed the counter affidavit in Court by serving a copy of the same upon the learned counsel for the petitioner. The copy of the said counter affidavit is taken on record. The instant writ petition is under Article 226 of the Constitution of India, whereby and whereunder following prayers have been made:- i. For issuance of an appropriate writ(s)/order(s)/direction(s) for quashing the order as contained in memo no. Ta.Shi.Pra.Ni.Sa./04/2016-219 dated 05.03.2019 (Annexure-4) issued under the signature of Director, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, whereby and whereunder the petitioner has been refused affiliation for conducting B. Tech. courses for Electrical Engineering, Mechanical Engineering, Electronics & Communication Engineering, Civil Engineering and Computer & Science Engineering for the Academic Session 2015-2016; ii. For further issuance of an appropriate/writ/direction for quashing the order as contained in memo no. Ta.Shi.Pra.Ni.Sa./03/2017-218 dated 05.03.2019 (Annexure5) issued under the signature of Director, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, whereby and whereunder the petitioner has been refused affiliation for conducting B. Tech. courses for Electrical Engineering, Mechanical Engineering, Electronics & Communication Engineering, Civil Engineering and Computer & Science Engineering for the Academic Session 2016-17; iii. For further issuance of an appropriate/writ/direction for quashing the order as contained in memo no. Ta.Shi.Pra.Ni.Sa./18/2018-214 dated 01.03.2019 (Annexure6) issued under the signature of Director, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, whereby and whereunder the petitioner has been refused affiliation for conducting B. Tech. courses for Electrical Engineering, Mechanical Engineering, Electronics & Communication Engineering, Civil Engineering and Computer & Science Engineering for the Academic Session 2017-18; iv. For issuance of an appropriate/writ/order/direction, directing upon the respondents to grant affiliation to the petitioner-Institute for the Academic Year/Session 2015- 2016, 2016-17 and 2018-19 for its B.Tech. Courses;
(2.) The brief facts of the case is that the petitioner-institution is a Society registered under the name of Ram Govind Buddhist Minority Development Society, established in the year 2004, which imparts education of various courses in the stream of Engineering, such as Electrical Engineering, Mechanical Engineering, Electronics & Communication Engineering, Civil Engineering and Computer & Science Engineering. The petitioner institution was granted approval by the All India Council for Technical Education, in short as 'AICTE', by a letter as contained in F. No. 06/02/JHAR/ENGG/2004/005 dated 14.05.2004 for running B. Tech Courses in computer Science Engineering, Electronics & Communication Engineering, Electrical & Electronics Engineering and Mechanical Engineering and has all along from its inception, has been granted approval by the AICTE and the last of such approval has been granted for running B. Tech. Courses in Civil Engineering Electronics & Communications Engineering, Computer Science & Engineering, Electrical & Electronics Engineering, Mechanical Engineering and Civil Engineering for the Session 2014-15. The petitioner-institute is affiliated to the Vinoba Bhave University, Hazaribagh. The application of the Institution for extension of approval for the Academic Year 2015-16 was forwarded to the Principal Secretary, Science & Technology Department, Government of Jharkhand, Ranchi by AICTE, while the application for extension of approval for the Academic year 2016-17 was forwarded by the AICTE on 05.04.2016 and it is the case of the petitioner that for the Academic Session 2015-16 and 2016-17, the University had constituted an Inspection team and the University was not granting permission to the petitioner for conducting examination for the Academic Session 2016-17, which was communicated by the petitioner to the Director, Department of Higher, Technical Education & Skill Development, Government of Jharkhand by letter dated 24.12.2016. In pursuance thereto, the petitioner has received a letter dated 05.03.2019, issued under the signature of the Director, Department of Higher, Technical Education & Skill Development, Government of Jharkhand, whereby and whereunder, the petitioner has been informed that the affiliation for conducting B. Tech. Courses for Electrical Engineering, Mechanical Engineering, Electronics & Communication Engineering, Civil Engineering and Computer & Science Engineering for the Academic Session 2015-16 has been refused. Likewise, the affiliation has been refused for the Academic Session 2016-17 and 2017-18. The grievance of the petitioner is that when the petitioner-Institute has already been approved by the AICTE and has also paid all the requisite fees, required for the purposes of affiliation and any amount is legally due, the petitioner undertakes to pay the same, but, without appreciating this aspect of the matter, the decision for refusal of affiliation has been taken, which is absolutely illegal and improper. It is the further case of the petitioner that once the approval has been granted by the AICTE, the University of the State Government is required to take final decision and if the final decision has not been taken, why the students studying under the petitioner-institution will be made to suffer, since there is no fault on their part or the petitioner-institution, therefore, the instant writ petition.
(3.) The Respondent-Vinoba Bhave University has filed the counter affidavit, wherein, it has been stated that the petitioner-institution, since is a Technical Institution Education, therefore, the judgment rendered by the Hon'ble Apex Court in the case of Parshvanath Charitable Trust and others-Versus-All India Council for Technical Education and others, 2013 3 SCC 385 will be applicable, wherein, the time schedule has been framed regarding submission of application form and the time schedule for processing all such application forms and the petitioner-institution has submitted the application for extension of affiliation for the academic session 2015-16, 2016-17 and 2017-18 respectively on 10.10.2015, 21.09.2016 and 13.11.2017, which is after the cut off date, as has been decided in the Notification, as contained under Advertisement No. 06/12, which is in pursuance to the judgment rendered in the case of Parshvanath Charitable Trust and others-Versus-All India Council for Technical Education and others (Supra) and, as such, the Respondent-University has acted in pursuance to the aforesaid judgment and as such, there is no fault lies on their part, if the petitioner-institution itself has committed illegality by not submitting application form as per the time schedule, fixed under the Advertisement as has been decided by the Hon'ble Apex Court in the case of Parshvanath Charitable Trust and others-Versus-All India Council for Technical Education and others (Supra).;