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+ W.P.(C) 2724/2013 & CM.5141!2013
SHRI VINAYAK EDUCATIONAL SOCIETY
(SC. & HIGHER EDUCATION) ..... Petitioner
Through: Mr.R.M. Sinha, Advocate
EDUCATION ..... Respondent
Through: Mr.Amitesh Kumar, Advocate
+ 'W.!P.(C) 2731!2013 & CM.SlS0/2013
(POLYTECHNIC)
+ W.fP.(C) 2733!2013 & CM.5154!2013 ·
(E & M COLLEGE) ..... Petitioner
COIRAM:
IHJOINI'IE61LIE MR.. jUSlf'KIE G.S.SISTANU
% 29.04.2013
ORDER
1. Petitioner, college was approved by the AICTE vide approval letters dated 14.7.2009, 14.8.2006 and 17.9.2009 for running an Engineering College/ Polytechnic. The courses such as M.B.A. 2013:DHC:7702 • postgraduate, M.C.A. postgraduate, B. Pharma etc. were added and approved by the AICTE subsequently.
2. On 13.6.2011 a complaint was made by the Alwar Lok Sabha Yough Congress against the petitioner society. Pursuant to the said complaint, two show cause notices dated 7.11.2012 were issued to the petitioner by the respondent. Petitioner replied to the above said show cause notices vide reply dated 30.11.2012. Thereafter petitioner applied for extension of approval with the same additional courses, however, the respondent, without following the due process prescribed for extension of approval of the course, rejected the extension of approval of all the said courses vide rejection order dated 10.4.2013.
3. By the present petitions petitioner seeks quashing of the rejection order dated 10.4.2013. Counsel for the petitioner submits that a bare perusal of the order shows that it has been passed without any application of mind, the same is vague and does not disclose the reason for rejection of the extension of the approval. Operative portion of the order dated 10.4.2013 reads as under: "Reasons for rejection could be any among the following as applicable to your Institute:
1. Due to overall deficiency observed based on the data uploaded by the institute on the portal.
2. Receipt of CBI/ CVC/CVO/FIR reference
3. Deficiency found in the Surprise Visit and pending compliance against the showcase, and further recommendations of SAC.
4. Excess admissions in previous academic years. Application N0.1-1364822102* Note: This is a Computer generated Extension of Approval Letter No. signature is required. Letter Printed On: 12 April, 2013. Printed By: AIC001086 Break in Extension of approvals in the previous year. Institute kept under No admission category Complaints/ Ragging/ Grievances/ Pending Court matter Charge sheet filed by CBI Applied for more number of Increases Affiliated to More than 1 affiliating University Applied first time on portal (No Permanent ld) Not eligible Processing fee paid or not received. Affiliated to private University Withdrawal of approval Incorrect data entered on the Poral. (Dr.Kuncheria P. Issac), Member Secretary, AICTE" Counsel for the respondent is unable to show the precise reasons mentioned in the order for rejecting the extension.
5. After some hearing in the matter it is agreed that order dated 10.4.2013 shall be withdrawn.
6. Resultantly, the order dated 10.4.2013 is quashed, with leave as prayed to the respondent to pass a fresh order, giving reasons for rejection within one week.
7. In v1ew of above, all the petitions and the applications stand disposed of.
8. DASTI. ~-..C.~ ~ <G.§.§~STANI, j W.IP.(C) 2724, 2731 & 2733/2013 4/4 •