Disposed

Al-Khateeb Government Aided Polytechnic College v. All India Council for Technical Education

Karnataka HC28 May 2024WP/3605/2020

Case brief

AI extract

What is this about?

The High Court disposed of the writ petitions without adjudication on the 'No Admission' order due to subsequent events where students completed courses without deficiency indications. The court made the interim order absolute to protect student interests.

What did the court decide?

The writ petitions disposed of without adjudication; interim order made absolute.

Al-Khateeb Government Aided Polytechnic College… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:17908 WP No. 3605 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF MAY, 2024 BEFORE

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THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3605 OF 2020 (EDN-RES)

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BETWEEN:

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AL-KHATEEB GOVERNMENT AIDED POLYTECHNIC COLLEGE BHOOPASANDRA, R M V II STAGE BENGALURU, BANGALORE URBAN KARNATAKA, INDIA - 560 094, BY ITS PRINCIPAL

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KHATEEBI SERVICE SOCIETY A REGISTERED SOCIETY UNDER KARNATAKA SOCIETIES REGISTRATION ACT, BHOOPASANDRA, RMV II STAGE, BENGALURU - 560 094. REP. BY SECRETARY

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… PETITIONERS

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Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA

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(BY SRI. V 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, REP BY ITS MEMBER SECRETARY

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THE REGIONAL OFFICER SOUTH WESTERN REGIONAL OFFICE, AICTE, PRASANNA KUMAR BLOCK,

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2 - NC: 2024:KHC:17908 WP No. 3605 of 2020

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BANGALORE UNIVERSITY CAMPUS, PALACE ROAD, BENGALURU - 560 001

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… RESPONDENTS

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(BY SRI. SHOWRI H.R., ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTTION OF INDIA, PRAYING TO QUASH ANNEXURE-A DATED 15.1.2020 ACCEPTING THE STANDING HEARING COMMITTEE REPORT DATED 07.01.2020 ANNEXUREB AND THE SCRUTINY COMMITTEE REPORT DATED 13.12.2019 ANNEXURE-C THE DIRECTIONS OF THE II RESPONDENT, ALL CONSTITUTED BY THE R-1 RECOMMENDING TO PUT PETITIONER NO.1 UNDER "NO ADMISSION CATEGORY" AS ILLEGAL AND ARBITRARY AND IN GROSS VIOLATIONS OF PRINCIPLES OF NATURAL JUSTICE AND CONSEQUENTLY RESTORE THE ADMISSION FOR THE ACADEMIC YEAR 20202021 FOR THE FIRST PETITIONER POLYTECHNIC AND ETC.

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THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner has filed the present writ petition seeking for setting aside of the order at Annexure-'A' dated 15.01.2020, whereby the respondent No.1 has accepted the recommendation of Standing Hearing Committee (SHC) and after noticing that there were certain deficiencies, had passed an order in terms of the recommendations as follows:-

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NC: 2024:KHC:17908 WP No. 3605 of 2020

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Compliances have not been majorly carried out.

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It is observed that only two courses with intake of 30 each approved for 2019-20.

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With above observations, it is recommend that there will be "No Admission" to any of the courses in 2020-21."

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The said recommendations of SHC were

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accepted and report has been uploaded in the portal. It was further directed that the petitioner Institute was required to submit Extension of Approval (EOA) for the year 2020-21 and directed to submit application for EOA for the Year 2020-21.

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It was further provided that the Institute was not eligible to apply for restoration and could submit an application for EOA for the year 2020-21. It is noticed that this order at Annexure-'A' is challenged in the present writ petition and interim order was granted on 18.02.2020.

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NC: 2024:KHC:17908 WP No. 3605 of 2020

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It is relevant to note that for the year 2020-21,

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the EOA was sought for and granted.

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It is to be noticed that at this stage the Course being conducted by the petitioner Institute for the set of students at the relevant point of time have already completed the Course. It is further noticed that for the subsequent years, i.e. 2021-2022, 2022-2023 and 2023-2024, the deficiency status as found in the report would indicate that there are no deficiencies.

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In light of the subsequent events and taking note that the students in the petitioner Institute during the relevant point of time already having completed the Course and for the same set of students as regards subsequent years as noticed as there were no deficiencies, in the peculiar facts of the case, the students need not be prejudiced by an adjudication, which now is merely of academic interest.

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5 - NC: 2024:KHC:17908 WP No. 3605 of 2020

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Accordingly, in light of the interim order

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granted and also taking note of the absence of deficiencies for the subsequent years in which the same set of students have undergone and completed their Course, the petition is disposed off as calling for no adjudication with respect to the order at Annexure-'A' dated 15.01.2020.

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It is also relevant to note that the approval of 30 students even for 2019-2020 was not disturbed and accordingly the continuance of such students even as per the impugned order is not disturbed.

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However, in light of the subsequent events and observations above, it is made clear that the interests of students ought to be protected and accordingly, the interim order is required to be made absolute.

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Sd/JUDGE

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VGR

Al-Khateeb Government Aided Polytechnic College v. All India Council for Technical Education

Case brief

What is this about?

What did the court decide?

Al-Khateeb Government Aided Polytechnic College 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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