Aamir Ashraf Sheikh & Ors. v. All India Council for Technical Education (AICTE) & Anr.

1. Allowed subject to just exceptions. WP(C) 10456/2015 & CM No. 26243/2015 (interim directions)

2. The grievance of the petitioners is that even while they were accorded scholarship under the “Special Scholarship Scheme for J & K Students”, the hostel fee, for the academic year 2012-2013, has not been released by respondent no.1 i.e. AICTE.

3. Mr Soni, who appears on advance notice on behalf of respondent no.1/ AICTE, says that the release of funds qua hostel fee, for the relevant period, has not taken place as the relevant documentation has not been supplied by respondent no.2 institute.

3. In these circumstances, the writ petition is disposed of with a direction to respondent no.2 institute to furnish relevant documentation to respondent W.P.(C) 10456/2015 2015:DHC:9278 no.1/ AICTE, within four weeks from today. Respondent no.1/ AICTE, will, thereafter, take a decision in the matter with due expedition though, not later than two weeks of request of documentation. In case the petitioners are aggrieved by the decision of respondent no.1/ AICTE, they will have the liberty to take recourse to an appropriate remedy, albeit in accordance with law.

4. At this stage, Mr Gupta, learned counsel for the petitioners, says, that since, the petitioners, have utilized the hostel facilities for the aforementioned period, they are in any case entitled to release of the said funds, albeit, via respondent no.2 institute.

5. Respondent no.1/ AICTE will consider this plea of the petitioners as well.

6. The writ petition is, accordingly, disposed of.

7. Registry will dispatch a copy of this order to respondent no.2 institute, albeit without insistence on process fee.

8. Dasti.

RAJIV SHAKDHER, J NOVEMBER 06, 2015 kk