Disposed

Rjs Polytechnic v. All India Council for Technical Education

Karnataka HC11 Nov 2024WP/27938/2019

Case brief

AI extract

What is this about?

Polytechnic challenged AICTE's 'no admission' order reducing its 2019-20 intake for non-compliance. EOA was subsequently granted; court disposed the petition directing respondents to restore original intake capacity and issue certificates, making interim orders absolute.

What did the court decide?

Petition disposed: respondents directed to restore petitioner's original intake capacity and issue certificates/marks cards; interim orders made absolute.

Rjs Polytechnic Vs All India Council for… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:45562 WP No. 27938 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27938 OF 2019 (EDN-RES)

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BETWEEN:

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RJS POLYTECHNIC UNDER MANAGEMENT OF KARNATAKA REDDY JANA SANGHA (R) #1, MAHAYOGI VEMANA ROAD 16^TH MAIN, KORAMANGALA 3^RD BLOCK, BENGALURU - 560 034 REPRESENTED BY ITS PRINCIPAL

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…PETITIONER

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(BY SRI. VARDHAMAN V GUNJAL., ADVOCATE)

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AND:

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ALL INDIA COUNCIL FOR TECHNICAL EDUCATION NELSON MANDELA MARG, VASANTH KUNJ NEW DELHI - 110 067 REPRESENTED BY ITS MEMBER SECRETARY.

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE REGIONAL OFFICER SOUTH WESTERN REGIONAL OFFICE, AICTE, PRASANNA KUMAR BLOCK, BANGALORE UNIVERSITY CAMPUS, PALACE ROAD, BENGALURU - 560 001.

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI BENGALURU - 560 001.

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THE DIRECTOR OF TECHNICAL EDUCATION DEPARTMENT OF TECHNICAL EDUCATION

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NC: 2024:KHC:45562 WP No. 27938 of 2019

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GOVERNMENT OF KARNATAKA MS BUILDINGS DR.B.R.AMBEDKAR VEEDHI BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI. H R SHOWRI.,ADVOCATE FOR R1 & R2; SMT. PRATHIBHA R.K. AGA FOR R3 & R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIOARI OR ANY OTHR APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER OF THE R-1 AICTE ADMISSION DTD30.4.2019 AND PRODUCED HEREWITH AT ANNEXURE-J AND ETC.

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The Petitioner is before this Court seeking for the following reliefs:

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a. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the impugned order of the 1^st Respondent AICTE bearing F.No.South-West/1-4261683405/2019/No Admission dated 30.04.2019 and produced herewith at Annexure-J and

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b. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned order of 1^st Respondent AICTE bearing F No. AICTE/AB/SWR/1-435509331/2019 dated 15.05.2019 and produced along with the Writ Petition at Annexure-C and

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c. Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to restore the original intake capacity of the Petitioner

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3 - NC: 2024:KHC:45562 WP No. 27938 of 2019

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Polytechnic for the Academic year 2019-20 as per the EOA accorded for the academic year 2018-19 at Annexure-B5 dated 04.04.2018 and

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d. Costs of this petition and such other and further appropriate orders as this Hon’ble Court may deem fit to grant, in the facts and circumstances of the case, in the interests of justice and equity.

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The grievance of the Petitioner is that Respondent No.1 has issued a ‘No admission report’ on 30.04.2019 on the ground that the Petitioner has not complied with all the statutory requirements.

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The submission of the learned counsel for the Petitioner in this regard is that though in the year 2019-20, there was some pending compliances, subsequently, the same has been complied with and ‘Extension of Approval’ (EOA) has been granted.

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Sri.H.R.Showri, learned counsel for respondents No.1 and 2 on instructions submits that the EOA has been issued subsequently to the Petitioner.

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In that view of the matter, I am of the considered opinion that the decision of the Co-ordinate Bench of

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4 - NC: 2024:KHC:45562 WP No. 27938 of 2019

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this Court in the case of Al-Khateeb Government Aided Polytechnic College vs. All India Council for Technical Education¹ would be equally applicable to the present matter. In the light of the subsequent events and taking note that the students of the Petitioner – Institution during the relevant

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point of time had completed the course and for the same set of students, as regards subsequent events, there are no deficiencies. These students need not be prejudiced by adjudication of non-compliance of earlier period. Accordingly, the above petition is disposed of with a direction to Respondents to take note of subsequent issuance of EOA and restore the original intake capacity of the Petitioner as also to issue all certificates and marks card, etc.

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The interim orders dated 19.09.2019 and 25.08.2020 are made absolute since there would be no purpose served in academic adjudication of the requirements

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1 W.P.No.3605/2020 dated 28.05.2024

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NC: 2024:KHC:45562 WP No. 27938 of 2019

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when a subsequent EOA has been issued. Needless to say, the consequence of issuance of Extension of

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Approval would equally apply to the students who

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are studying and who have passed.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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PRS List No.: 1 Sl No.: 23

Rjs Polytechnic v. All India Council for Technical Education

Case brief

What is this about?

What did the court decide?

Rjs Polytechnic v. All India Council for Technical Education

Case brief

What is this about?

What did the court decide?

What the court decided

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