Dismissed

Yadala Satyanaryana Memorial Educational Society v. Jawaharlal Nehru Technological University

Telangana HC16 Dec 2022WP/36239/2022

Case brief

AI extract

What is this about?

A batch of writ petitions by private engineering colleges affiliated to JNTU challenged JNTU Affiliation Regulations requiring prior State Government permission for new courses and increased intake, after the State rejected their NOC proposals citing financial implications of fee reimbursement. The Division Bench upheld the regulations, found the State's decision not arbitrary, and dismissed the p

What the court decided

AI extract

Yadala Satyanaryana Memorial Educational Society… — Education and Admissions | Telangana HC (2022)

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[^32ss ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE SIXTEENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND

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THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

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WRIT PETITION Nos.36237 36239 36318 36353 36380 36383 36404 36427 36442 36449 36451 36462 36473 36487 36491 36496 36534 36572 36626 38085 38091 39092 and 39307 OF 2022

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WP NO: 36237 OF 2022

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Between:

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Cherabuddi Educational Society, Tilaknagar, Hyderabad. Rep. by its Chairman, l/r. Raghav

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CVR College of Engineering, Vastunagar, lVlangalpalli, lbrahimpatnam, R.R. District. Rep. by its Chairman, Mr. Raghav

¶12

J. Dr. Raghava Cherabuddi, S/o Sri. C. lVadhusudana Reddy, Aged about 51 years, R/o PIot No 338, Road No 79, Jubilee hills, Hyderabad - 500033

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...PETITIONERS

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AND

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Jawaharlal Nehru Technological University, Hyderabad, Represented by its Registrar.

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Commissioner of Technical Education, Department of Technical Education, State of Telangana, 2nd Floor, Vidya Bhawan, Nampally, Hyderabad.

¶17

J. State of Telangq!a, Rgp by its Principal Secrejtary, Hiilher Education Department, Secretariat Buildings, Hyderabad

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All lndia Council for Technical Education, lndira Gandhi Sport Complex, l.p. Estate, New Delhi.Rep by its Secretary.

¶19

Telangana State Council for Higher Education, 1 st Floor,JNTU Masab Tank 9liql:,_YqFvggrJVa^{rsr opp. Mahaveer Hoipitat, vasio tanri, uftraoii.} K€presented by tts secretary.

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The Convenor, TSEAMCET'20 22-23, Saniket Bhavan, Masab Tank, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any appropriate writ, order or direction more particurarly one in the nature of Writ of Mandamus.

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a) Declaring the Regulations No. 3.4, s.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (with effect from 2o2o-21), to the extent of the

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requirement of oermi sion from the state Government for of,erinE new courses or increase in rntake, as beirg arbitrary, urtra vires, ilegar anci rnccr stitutionar, apart from being in v olatior o. the law laid down by the Honor;ble Su:rre.rre Court and set aside the sarne,

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b) Declare the actron of Respondents No. 1, 2 and 3 irr r)()t permitting the Petitioner lnstitution f r,'n .unning its courses of B. Tech csE: lData Sciences) , B Tech CSE (Cyber { ecurity), B Tech CSE (All\IL), and B Tech lnformation Technology with the rdditionar increased intake as approveJ by the ArcrE and mandating a requirem 'n: of permission from the State Govern n.ni for the same as being arbitrary, illegal , nrl unco nstitutio na I and set aside the sam::,

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c) consequenfl,, direct the Respondents here n to t-eat the petitioner lnstitution as a validly i ffiliated and approved lnstitution fc,r the ,\r:aCerm ic year 2022_ 23, for all the Cours:s of the 2nd petitioner lnstitution inclur:ting the additional increased intake in the courses of B. Tech cSE (Data sciencer;) - 60 seats, B Tech CSE (Cyber Security) -60 seats, B Tech CSE (A|ML) - 60 seatr;, and B Tech Information Technolog, -60 seats as sanctioned and approved lry th€, AlcrE for the academic year 2022-23

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lA NO: 1 OF 2022

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Petition under S( ction 151 CPC praying that in the circumst;:nc,:s stated in the affidavit filed in suppor of the petition, the High Court may be p easied to suspend the operation of rhe R:guiations No. 3.4, 5.5, 5.6 and 6.1 of the iNTU Affiliation Procedure and Regul rtions (With effect from 2020-21), to^r he extent of the requirement of permiss on from the State Government for offerirg rew courses or increase in intake issL ed by the Respondent University pencling clisposal of the present Writ Petition an 1 pass

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lA NO: 2 OF 2022

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Petition under Se rtion 15'1 CPC praying that in the c ircu m:; l,,r nr:r:s stated in the affidavit filed in support oi the petition, the High Court may be plt,ased to direct the Respondents to notify z 1d make admissions in the 2nd Phase cf r;o rrrselling for the Academic Year 2022-2I :o the full intake capacity for all the C:)u's;es of the 2nd Petitioner Institution int luding the additional increased intake in thrl courses of B. Tech CSE (Data Scien es) -60 seats, B Tech CSE (Cyber Secu'it1,) - 60 seats, B Tech CSE (Alti/L) - 6C seats, and B Tech lnformation 1'echnol<-gy'- 60 seats as

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sanctioned and approved by the AICTE for the academic year 2022-23, pending disposal of the writ petition

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IA NO: 3 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein to notify and conduct a fresh round of counselling for all the engineering courses for the A.Y. 2022 - 23 including by notifying all the courses offered by the Petitioner lnstitution with the full intake capacity as sanctioned and approved by the AICTE for the A.Y 2022 - 23 pending disposal of the writ petition

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IA NO: 5 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioners to notify and make admissions to the full intake capacity for all the courses of the 2nd Petitioner lnstitution as sanctioned and approved by the AICTE for the academic yeat 2022-23 without the restriction of the State Government on the basis of financial implications by suspending the operation of the fi,4emo dated 12.11.2022 and endorsement dated 14.11.2022 issued by the 3rd Respondent, pending disposal of the writ petition

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Counsel for the Petitioners: SRI S. NIRANJAN REDDY, SENIOR COUNSEL FOR SRI TARUN G. REDDY

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Counsel for Respondent No. 1: SRI B. MAYUR REDDY (SC FOR JNTUH)

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Counsel for Respondent Nos.2 & 3: Ms. R.^N. PADMAJA, GP FOR HIGHER EDUCATION

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Counsel for Respondent No.4: SRI MUDDU VIJAY

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Counsel for Respondent Nos. 5 & 6: Ms. C. VANI REDDY

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WP NO: 36239 OF 2022

¶42

Between:

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'l . Yadala Satyanaryana Memorial Educational Society, 204, Rahman Plaza, ll Floor, Near Taj Mahal Hotel, Abids, Hyderabad- 500001 Rep. by its General Secretary, Mr. Y.V. Gopala Krishna [Vlurthy.

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1. ACE Engineering College, Sy. No. 175 and 181 , Ankushapur (V), Ghatkesar^(M), Ranga Reddy District- 501301 Rep. by its General Secretary, IVlr. Y.V. Gopala Kdshna Murthy.

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Mr. Y.V. Gopala {rishna lvlurthy, S/o Late Y. Subba Rao, A,;erd.59 years, Ryo 3-6691812012, Avar th Nagar Colony, Basheerbagh, Hintayat tna3ar, Hyderabad500029 ...PETITIONERS

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AND

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Jawaharlal Nehr r Technological University, Hyderabad, Rerrr-.serrted by its Registrar

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Commissioner o Technical Education, Department oi Techli,.jal t:ducation, State ofTelangana,2r d Floor, Vidya Bhawan, Nampally, Hyderaba J.

¶49

J. State of Telanga ra, Rep by its Principal Secretary, H gher Eid rca ion Department, Secretarial Builo nos, Hyderabad

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Aii lnoia Councii 'or Technicai Education, lndira Garrcihi Spori Ci:inplex, l.P. Estate, New Del i.Rep by its Secretary.

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Telangana State Council for Higher Education,^'1st Floor.JNTI.J lt4,rsab Tank Campus, l\4ahav )er N4arg, Opp. Mahaveer Hospital, l/asab Tank. Hyderabad. Recresented by ts Secretary.

¶52

6 The Convenor. I SEA|VCET 2022-23, Saniket Bhavan, ['lasaL: Tank, HXSB|?8ES* Petitio n urder \tlcle 226 of the Constitution of lndier praving that in the

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circumstances stated i r the affidavit filed therewith, the Hioh Couri mily be^pleased to issue any appropriate ' rrit, order or direction more particularly ore in tlre nature of Writ of [t/andamus.

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a) Declaring thr Regulations No. 3.4, 5.5, 5.6 anc 6.1 of tht: JNTU Affiliation Procedure and Regu ations (With effect from 2020-21), k) the extent of the requirement of permis ;ion from the State Government for offering new courses or increase in intake, as being arbitrary, ultra vires, illegal and un:onstitutional, apart from being in violatio r of the law laid down by the Honoie Sup'enr: Court anci set aside the same,

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b) Declare the rction of Respondents No.^'1 , 2 and 3 in rct permitting the Petitioner lnstitution f rr m running its courses of B.Tech Artificial lrtell,gence and Data Science, B.Tech Artif i( a lntelligence and Machine Learning and B.^'[ech CSE^(Data Sciences)with the ad iitional increased intake as approved t:y the AICTE and mandating a requirem,nt of permission from the State Governm,:lnl for the same as being arbitrary, illegal i nd u nco nstitutiona I and set aside the sanre.

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c) Consequently direct the Respondents herein to treat the^Pet tioner lnstitution as a validly affiliated a rC approved lnstitution for the Academ c Y ear 2022-23, for all the Courses of the 2"d^retitioner lnstitution including the additiorral increased intakeⁱⁿ the courses of B.Tecl Artificial lntelligence and Data Sciencr:^- 00 seats, B.Tech Artificial lntelligence r nd lt4achine Learning - 60 seats and B.^-f :ch CSE (Data Sciences)120 seats as sanctioned and approved by the AICTE fot thr) academic^year 2022-23

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to notify and make admissions in the rd Phase of counselling for the Academic Year 2022-23 to the full intake capacity for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the courses of B.Tech Artificial lntelligence and Data Science - 60 seats, B.Tech Artificial lntelligence and fi/achine Learning - 60 seats and B. Tech CSE (Data Sciences) 120 seats as sanctioned and approved by the AICTE for the academic year 2022-23, pending disposal of the writ petition

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lA NO: 2 OF 2022

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Petition under Section^'t 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake issued by the Respondent University pending disposal of the present Writ Petition

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lA NO: 3 OF 2022

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Petition under Section^'151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to direct the Respondents herein to notify and conduct a fresh round of counselling for all the engineering courses for the A.Y 2022 -23 including by notifying all the courses offered by the petitioner lnstitution with the full intake capacity as sanctioned and approved by the AICTE for the A.Y 2022 -23^pending disposal of the Writ Petition

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lA NO: 4 OF 2022

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Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioners to notify and make admissions to the full intake capacity for all the courses of the 2nd Petitioner lnstitution as sanctioned and approved by the AICTE for the academic year 2022-23without the restriction of the State Government on the basis of financial implications by suspending the operation of the l,4emo dated 1 2.1 1 .2022 and

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endorsemeni daled 14 11.2022 issued by the 3rd Respondent, pe rd rg disposal of the writ petition

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Counsel for the Petiti,,ners: SRI S. NIRANJAN REDDY, SENIOR COUNSEL FOR SRI TARUN G. REDDY

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Counsel for Respond nt No. 1: SRI B. MAYUR REDDY (SC FOR JNTUH)

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Counsel for Respond, nt Nos. 2 & 3: Ms. R. N. PADMAJA,

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GP FOR H!GHER EDUC,A.'I'!OIJ

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Counsel for Respond, nt No.4: SRI MUDDU VIJAY

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Counsel for Respond, ni Nos. 5 & 6: Ms. C. VANI REDDY

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WP NO: 36318 OF 202 2

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Betwee n

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Vardhaman Edu ;alional Society, Having office at S,v. No. :ll:', l(3charam Village, Shamshabad lt4i ndal, RR District, Rep. by its Secretary^{,4r. -I} LlF,ender Reddy.

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Vardhaman Co ege of Engineering, Kanchai'am, Shamshabad Mandal, R.R. Distrlct, Rep. by ts Authorized Signatory Mr. T. Upender Red,.ly

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Ivlr. TeegalaUpe rder Reddy, S/o Teegala Bal Reddy, Aged s.rj years, Rio Villa No. 2, Vessella Villi s Kondapur, Opp. Chirec lnternation;:l lit;hccl, Ranga Reddy District-Sooo'4

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...PETrroNERs

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AND

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Jawaharlal Nehr r l=echnoiogicai University 5 others, iiyoer:rb;rci Represented by its Registrar.

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Commissioner o Technica! Education, Department of Technir. al^E:ducation, State of Telangana, 2r I =loor, Vidya Bhawan, Nampally, Hyderatrari.

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|) State of Telanga ra, Rep by its Principal Secretary, Higher E:duc;rtion Department, Secretariat Build ngs, Hyderabad

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All lndia Council^'or Technical Education, lndira GanChi Spc,rt Cotnplex,^l.P. Estate, New Del i.Rep by its Secretary Telangana State Council for Higher Education, lst Floor,JNl-Ll lVasab Tank Campus, lt/ahav rer'Marg, Opp. Mahaveer Hospital, lr4asab T:rnk, Hyderabad. Represented by ts Secretary.

¶85

6 The Convenor, I SEAIV1CET 2022-23, Saniket Bhavan, Masatr tr..l.,*EI9:,i?39$;, Petition under \r.icle 226 of the Constitution of lndiz^pra_r,ing that in the

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circumstances stated r the affidavit filed therewith, the High C:o rrt nay be pleased to issue any appropria e writ, order or direction more particularly rrne in the nature of

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Writ of Mandamus

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a) Declaring th€ Regulations No.3.4,5.5,5.6 and 6.1 of lhe JNTU Affiliation Procedure and Regu ations (With effect from 2020-21), to the extent of the requirement of permis;ion from the State Government fcr offer ng new courses or

¶89

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increase in intake, as being arbitrary, ultra vires, illegal and u nco nstitutional, apart from being in violation of the law laid down by the Honble supreme court and set aside the same

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b) Declare the action of Respondents No. 1, 2 and 3 in not permitting the Petitioner lnstitution from running its courses of B, Tech CSE (Data Sciences), B. Tech Artificial lntelligence and Machine Learning and B Tech Artificial lntelligence (Al) and Data Sciences with the additional increased intake as approved by the AICTE and mandating a requirement of permission from the State Government for the same as being arbitrary, illegal and u nco n stitutio nal and set aside the same

¶92

c) Consequently, direct the Respondents herein to treat the petitioner lnstitution as a validly affiliated and approved lnstitution for the AcademicYear 202223, tor all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the courses of B. Tech CSE (Data Sciences) - 60 seats, B. Tech Artificial lntelligence and lt4achine Learning - 60 seats and B Tech Artificial lntelligence (Al) and Data Sciences- 60 seats as sanctioned and approved by the AICTE for the academic year 2022-23

¶93

fA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to notify and make admissions in the 2nd Phase of counselling for the Academic Year 2022-23 to the full intake capacity for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the courses of B. Tech CSE (Data Sciences) - 60 seats, B. Tech Artificial Intelligence and Machine Learning - 60 seats and B Tech Artificial lntelligence (Al) and Data Sciences - 60 seats as sanctioned and approved by the AICTE for the academic year 2022-23, pending disposal of the writ petition

¶95

lA NO: 2 OF 2022

¶96

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or

¶97

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increase in rntake is: red by the Respondent University perrding disposal of the present Writ Petition

¶99

lA NO: 3 OF 202'2

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Petition under S rction 151 CPC prayinq that in the circunrs rances stated in the affidavit filed in suppo t of the petition, the High Court mey ce^pl :ased to permit the Petitioners to notify : nd make admissions to the full intake^,.:apacity for all the courses of the 2nd Pr titroner lnstitution as sanctioned and apprrved by the AICTE for the academic year )aZ2-Z3without the restriction of the Stale Government on the basis of financial inlI li(:ations by suspending the operation c i the Memo dated 12111!2A22 and endc.sement dated 14111/2022 issued i,y, h,r 3.d Respondent, pending disposal of th, v/rit petition

¶101

Counsel for the Petiti( ners: SRI S. NIRANJAN REDDY, SENlOil IIOUNSEL FOR SRI TARUN G. REDDY

¶102

Counsel for Respondr nt No. 1: SRI B. MAYUR REDDY (sc FoR JNTUH)

¶103

Counsel for Respondr nt Nos.2 & 3: Ms. R. N. PADMAJA, GP FOR HIGHER EDUCr\l'lOttl

¶104

Counsel for Respondr nt No. 4: SRI MUDDU VIJAY

¶105

Counsei for Respondr nt iios. 5 & 6: lJls. C. VANI REDDY

¶106

WP NO: 36353 OF 202 2

¶107

Between:

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Shantha Educat :rral Society, Having office at Plot No. 15 C/o St. Peters High School, Sai Bab. Colony, Sitarampur, Bowenpally, Secund -.rrrba,i - 5000'14. Rep. by its Secretary 4r T. Vijaypal Reddy

¶109

St. Peters Eng reering College, Opp AP Forest Acadt>n'y, Maisammaguda, Gundlapochamp rlly, Dhulapally, Medchal, RR Districl - tiOC,C 14 Rep. by its ALrthorized Sion; iory I,4r T Vijaypal Reddy

¶110

Mr. T. Vijaypal I leddy, S/o Bal Reddy, Aged 56 years, ld'o Plot No. 15 C/o St. Peters High Sci rcl, Sai Baba Colony, Sitarampur, Bourenpi, Ily, Secunderabad - 500014. ...PETITIONERS

¶111

AND

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Jawaharlal Nehr l echnological University, Hyderabad, Re1>.,,rs6;r11"6 5, ,," Registrar.

¶113

Commissioner o Technical Education, Department ol Techrrrr;al Education, State ofTelangana,2r l Floor, Vidya Bhawan, Nampally, Hyderatrarl-

¶114

'l State of Telanga ra, Rep by its Principal Secretary, Higher E d .rcation Department, Secretariat Build rgs, Hyderabad

¶115

¶116

All lndia Council for Technical Education, lndira Gandhi Sport Complex, I.P. Estate, New Delhi.Rep by its Secretary.

¶117

Telangana State Council for Higher Education, 1 st Floor,JNTU lVlasab Tank Campus, Mahaveer Marg, Opp lt4ahaveer Hospital, l\4asab Tank, Hyderabad. Represented by its Secretary.

¶118

The Convenor, TSEAMCET 2022-23. Saniket Bhavan, Masab Tank, H3ffirfjg$*

¶119

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction more particularly one in the nature of Writ of lrlandamus

¶120

a) Declaring the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the .INTU Affiliation Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of^permission from the State Government for offering new courses or increase in intake, as being arbitrary, ultra vires, illegal and unconstitutiona l, apart from being in violation of the law laid down by the Honble Supreme Court and set aside the same

¶121

b) Declare the action of Respondents No. 1, 2 and 3 in not permitting the Petitioner lnstitution from running its course of B. Tech Information Technology with the additional increased intake as approved by the AICTE and mandating a requirement of permission from the State Government for the same as being arbitrary, illegal and unconstitutional and set aside the same

¶122

c) Consequently, direct the Respondents herein to treat the Petitioner lnstitution as a vafidly affiliated and approved lnstitution for the Academic Year 2022-23, for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the course of B. Tech lnformation Technology - 60 seats as sanctioned and approved by the AICTE for the academic^year 2022-23.

¶123

lA NO: 1 OF 2022

¶124

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to notify and make admissions in the 2nd Phase of counselling for the Academic Year 2022-23 to the full intake capacity for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the course of B. Tech lnformation Technology -60 seats as sanctioned and approved by the AICTE for the academic year 2O22-23, pending disposal of the writ petition and pass

¶125

I^(-l

¶126

lA NO: 2 OF 2022

¶127

Petition under iection 151 CPC praying that in the circum,;ternces stated in the affidavit filed in suppc 1 of the petition, the High Court may be plr:ased to suspend the operation of the Re lulations No. 3.4, 5.5, 5.6 and 6.1 o' .he JNTU Affiliation Procedure and Reg rlations (With effect from 2O2O-21), 1o tht: extent of the requirement of permi ;sion from the State Government for of'erinq new courses or increase in intake is;ued by the Respondent University pe,rc1in,; disposal of the present Writ Petition

¶128

lA NO: 3 OF 202.2

¶129

Petition under I ection 151 CPC praying that in the circurr,;tances stated in the affidavit filed in suppc't of the petition, the High Court may be c etr:;ed to permit the Petitioners to notif;, ac r,r,ale admissions to the full intake capacil;r for,rll the courses of the 2nd Petitioner Ir ;titution as sanctioned and apprc,ved L,v tl- e AICTE for the academic yeat 2022-2I without the restriction of the State Govern nerrt on the basis of financial implications t y suspending the operation of the lvlemo d,rtec 1211 112O22 and endorsement dated^{1 z} 1112022 issued by the 3rd Respondent. t,e'tding disposal of the writ petition

¶130

Counsel for the Petiti rners: SRI S. NIRANJAN REDDY, SENIOR COUNSEL

¶131

FOR SRI TARUN G. REDDY

¶132

Counsel for Respond,nt No. 1:SRl B. MAYUR REDDY

¶133

(SC FOR JNTUH)

¶134

Counsel for Respond^.nt Nos.2 & 3: Ms. R. N. PADMAJA,

¶135

GP FOR HIGHER EDUC,{1 ION

¶136

Counsel for Respond nt No. 4: SRI MUDDU VIJAY

¶137

Counsel for Respond, nt Nos.5 & 6: Ms. C. VANI REDDY

¶138

WP NO: 36380 OF 2ur Z

¶139

Between

¶140

Keshav Memorii I Educational Society, Having office at 3-5 1()116,Narayanguda, Hyderabad. Rep by its Authorized Signatory, tr/r. S. Nitin.

¶141

Keshav Memori I lnstitute of Technology,3-5-102tl,Narayi:n91uda, Hyderabad. Rep. by its Auth< rized Signatory, Ir/r. S. Nitin.

¶142

Mr. S. Nitin, S/o. Dr. S. Narayan Rao, Aged 58 years. RJo Fla Nc. 301, Vaishnavi Abode Street No^'14, Himayathnagar, Hyderabad - 500020.

¶143

...pETt,oNERs

¶144

AND

¶145

¶146

Jawaharlal Nehru Technological University, Hyderabad, Represented by its Registrar

¶147

Commissioner of Technical Education, Department of Technical Education, State of Telangana, 2nd Floor, Vidya Bhawan, Nampally, Hyderabad.

¶148

State of Telangana, Rep by its Principal Secretary, Higher Education Depa(ment, Secretariat Buildings, Hyderabad

¶149

All India Council for Technical Education, lndira Gandhi Sport Complex, l.P. Estate, New Delhi-Rep by its Secretary.

¶150

Telangana State Council for Higher Education, lsT Floor,JNTU lvlasab Tank Campus, [\rlahaveer Marg, Opp. l\rlahaveer Hospital, Masab Tank, Hyderabad. Represented by its Secretary.

¶151

The Convenor, TSEAMCET 2022-23, Saniket Bhavan, ltrlasab ar".L,*?{BB1f3gfit

¶152

Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue any appropriate writ, order or direction more^particularly one in the nature of Writ of lvlandamus

¶153

a) Declaring the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations^(With effect from 2O2O-21), to the extent of the requirement of permission from the Stale Government for offering new courses or increase in intake, as being arbitrary, ultra^{vires, illegal andunconstitutional,apart} from being in violation of the law laid down by the Honble Supreme^Courtandset aside the same

¶154

b) Declare the action of Respondents No.^1, 2 and 3^{in not permittingthe} Petitioner lnstitution from running its course of B Tech CSE (Data Science) with the additional increased intake as approved by the AICTE and mandating a requirement of permission from the State Government for the same as being arbitrary, illegal and unconstitutiona I and set aside the same

¶155

c) consequently, direct the Respondents herein to treat the petitioner lnstitution as a validly affiliated and approved lnstitution for the Academ ic year 202223, tor all the courses of the 2nd petitioner lnstitution including the additional increased intake in the course of B Tech csE (Data science) - 60 seats as sanctioned and approved by the AICTE for the academic year 2022-23

¶156

IANO:1OF2 022

¶157

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondents to notify and make admissions in the 2nd phase of counselling for the Academic Yeat 2022-23 to the fufl intake capacity for a[ the courses of the 2nd Petitioner lnstitution including the additional increased intake in the course of B Tech

¶158

CSE (Data Science - 60 seats as sanctioned and approveC 5y :he AICTE for the academic year 2022 2il, pending disposal of the writ^petition

¶159

lA NO: 2 OF 2C22

¶160

Petition under Section 151 CPC praying that in the circun'rstances stated in the affidavit filed in supl orl of the petition, the High Court may l€] pl()ased to suspend the operation of the Regulations No. 3.4, 5.5, 5.6 and 6.1 ol the JNTU Affiliation Procedure and Rer ulations (With effect 'from 2O2O-21), to the extent of the requirement of perr, ssion from the State Government for oiferring new courses or increase in intake i: sued by the Respondent University peniiing disposal of the present {/rit Petition

¶161

I A t\f al. ? a\tr ,n'),

¶162

Petition under iection l51 CPC prayinq that in the circurtr;tarces stated in the affidavit filed in supp, rt of the petition, the High Court may be^p ear;ed to^permit the Petitioners to notify rnd make admissions to the full^{intakt.':apacityfor all the} courses of the 2nd^{P )titioner lnstitutionas sanctionedand ;rp'p'61'6'6by the AICTE} for the academ tc^year 2022-23^{without the restriction of the state Gcvernment on the} basis of financial^{im ,licationsby suspending the operation crf iire IVlemo datecj} 12t1112022 and^{end( rsementdated 14/1 112022issued by :h'; 3rdRespondent'} pending disposai of th^{I wrii petition}

¶163

Counsel for^{the Petitir ners:SRIS' NIRANJAN REDDY'SENlOlt(lOt'NSEL}

¶164

FOR SRI^{TARUNG. REDDY}

¶165

Counsel^{for Respondr nt No. 1: SRIB' MAYUR REDDY} (SC FOR JNTUH)

¶166

counsel for^{Respondt nt Nos'2} "^{t' 3'rtJtd![tfi?or"ur,on}

¶167

Counsel for Respondt^{nt No. 4: SRI MUDDUVIJAY}

¶168

Counsel for Respondt^{nt Nos'5 & 6: Ms' C' VANIREDDY}

¶169

WP NO : JbJ^{83 0F 202}

¶170

Between:

¶171

1 Aristotle^{Educat rnal Society, Havingoflice qt [;40: Irle-ro Residencv' Ra'i} Bhavan Road,^{I :majiguoa, 'AvlJ#'dxo, ct-p bv its chai"n an Mr' K' Krishna} Reddy

¶172

¶173

KG. Re{dy College of Engineering and Technology, Chilkur Village, Moinabad Mandal, Rangareddy District. Rep. by its Chairman Ir/ r. K. Krishna Reddy

¶174

Mr. K. Krishna Reddy, S/o Late K. Gopal Reddy, Aged 56 years, R/o Flat No. E 101 , Aditya Hilltop, Shaikpet, Jubilee Hills, Hyderaba ..'E,,.NERS

¶175

AND

¶176

t. Jawaharlal Nehru Technological University, Hyderabad, Represented by its Registrar

¶177

Commissioner of Technical Education, Department of Technical Educatron, State of Telangana, 2nd Floor, Vidya Bhawan, Nampally, Hyderabad.

¶178

State of Telangana, Rep by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad

¶179

All lndia Council for Technical Education, lndira Gandhi Sport Complex, LP. Estate, New Delhi.Rep by its Secretary.

¶180

A Telangana State Council for Higher Education, l st Floor,JNTU lvlasab Tank Campus, A/ahaveer Marg, Opp- Mahaveer Hospital, Ivlasab Tank, Hyderabad. Represented by its Secretary

¶181

b. The Convenor, TSEAMCET 2022-23, Saniket Bhavan, lVasab Tank, Hyderabad ...RESPONDENTS

¶182

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction more^particularly one in the nature of Writ of 'Mandamus

¶183

a) Declaring the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake, as being arbitrary, ultra^{vires, illegal} and^{u nconstitutional,} apart from being in violation of the law laid down by the Hon'ble Supreme Court and set aside the same

¶184

b)Declare the action of Respondents No. 1, 2 and 3 in not permitting the Petitioner Institution from running its courses of B. Tech CSE and B Tech CSE (AIML)with the additional increased intake as approved by the AlcrE and mandating a requirement of permission from the state Government for the same as being arbitrary, illegal and unconslitutiona I and set aside the same

¶185

c) consequently, direct the Respondenls herein to treat the petitioner lnstitution as a validly affiliated and approved lnstitution for the Academ ic year 202223, tor all the courses of the 2nd .^petitioner lnstitution including the additional increased intake in the courses of B. Tech csE- 60 seats and B Tech cSE (AIML) - 60 seats as sanctioned and approved by the AlcrE for lhe academic year 2022-23

¶186

1,1

¶187

lA NO: 1 OF 2022

¶188

Petition under S ection 151 CPC praying that in the circu rrs, ta n,;es stated in the affidavit filed in suppc 1 of the petition, the High Court may be^{p rear;ed} to direct the Respondents to notily and make admissions in the 2nd Phase o' co:nselling for the Academic Year 2022 2:-; to the full intake capacity for all the Courses of the 2" Petitioner lnstitution i cluding the additional increased intake in thr) courses of B. Tech CSE - 60 sea s and B Tech CSE (AIML) - 60 seats as sanctioned and approved i.ry ti-re AICT:f,:r the academic year 2O22-23,^pendinE 1i-<grosal of the^writ petition

¶189

lA NO: 2 OF 2022

¶190

Petition under S )ction 151 CPC praying that in the circurnstances stated in the aff idavit f iied in suppo t r;f the petiticn, the High Coud may be^plea sed to susoend the operation of the F egulations No. 3.4, 5.5, 5.6 and 6.1 of t're .JNTU Affiliation Procedure and Regu atrons (With effect from 2020-21), to lhe extent of the requirement of permis ion from the State Government for offeri'rg new courses or increase in intake iss red by the Respondent University^penrJing disposal of^the present Writ Petition

¶191

lA NO: 3 OF 2022

¶192

Petition under S, ction^{151CPC prayingthat in the r;ircumsi;lnc:s stated in the} affidavit filedⁱⁿ suppor^{of the petition,the High court may be lrle:asedto permit the} Petitioners to^{notifya rd make admissionsto the fuli intake capacityfor ali the} courses of the^{2ndPe Ltioner lnstitution as sanctionedand apt'r<:vecby the AICTE} for the academic^{year : 022-23without the restriction of thr: Statr: ':;overnment on the} basis of financial^{imp icationsby suspending the operation} cl lhe Memo dated the 3rl Respondent, 12.11 .2022 and endo^{;ementdated1411112022issued by} ^^^.{l-^ ycrr.r"rv u'ryvrs! .li-nacal ^{ !/, !,,! ,",' rv'i' "^{thc rrrrit nofilinn}

¶193

Counsel for the^{Petitio rers: SRIS' NIRANJANREDDY, SENIORCOUNSEL} FOR SRI TARUN^{G. REDDY}

¶194

Counsel for^{Responde rt No. 1: SRIB' MAYUR REDDY}

¶195

(SC FOR JNTUH)

¶196

Counsel for Responde^{rt Nos.2 & 3: Ms' R' N' PADMAJA'} GP FOR HIGHER^EDUCATlON

¶197

Counsel for^{Responde rt No 4: SRI MUDDUVIJAY}

¶198

¶199

Counsel for Respondent Nos. 5 & 6: Ms. C. VANI REDDY

¶200

WP NO: 36404 OF 2022

¶201

Between:

¶202

Sreyas Educational Society, Having office at 2-5015, Sy. No, 107, Tattiannaram, GSl, Bandlaguda, Nagole, Hyderabad - 500068 Rep. by its Authorized Signatory, Mr. A. Hriday Reddy.

¶203

Sreyas lnstitute of Engineering and Technology, 2-5015, Sy. No. 107, Tattiannaram, GSl, Bandlaguda, Nagole, Hyderabad - 500068 Rep. by its Authorized Signatory, Mr. A. Hriday Reddy.

¶204

Mr. A. Hriday Reddy, S/o A. Vinay Kumar Reddy, Aged 31 years, Rl/o Plot No. 550 U-3, Road No.92 Jubilee Hills, Hyderaba

¶205

..pETrrroNERS

¶206

AND

¶207

1 Jawaharlal Nehru Technological University, Hyderabad, Represented by its Registrar.

¶208

2 Commissioner of Technical Education, Department of Technical Education, State of Telangana, 2nd Floor, Vidya Bhawan, Nampally, Hyderabad.

¶209

3 State of Telangana, Rep by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad

¶210

4 All lndia Council for Technical Education, Indira Gandhi Sport Complex, l.P. Estate, New Delhi.Rep by its Secretary.

¶211

Telangana State Council for Higher Education,^{'lstFloor,JNTU} [,4asab Tank Campus, Mahaveer Marg, Opp. i\rlahaveer Hospital, lrrlasab Tank, Hyderabad. Represented by its Secretary.

¶212

6 The Convenor, TSEAN4CET 2022-23, Saniket Bhavan, Masab ,r".f.,*?{B3r,f|Eir. Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue any appropriate writ, order or direction more^particularly one in the nature of Writ of 'Mandamus'.

¶213

a) Declaring the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake, as being arbitrary, ultra vires, illegal and unconstitutiona l, apart from being in violation of the law laid down by the Honble Supreme court and set aside the same,

¶214

b) Declare the action of Respondents No. 1, 2 and 3 in not permitting the Petitioner lnstitution from running its courses of B Tech csE (AIML) with the additional increased intake as approved by the AlcrE and mandating a requirement of permission from the State Government for the same as being arbitrary, illegal and unconstitutional and set aside the same,

¶215

¶216

c) Consequentl^/, direct the Respondents herein to treat tre: Petitioner lnstitution as a validly affiliated rnd approved lnstitution for the Academi:'(ear 2022-23, for all the Courses of the 2n Petitioner Institution including the additicn,rl increased intake in the course of B Tecl OSE (AllVL) - 60 seats as sanctioned and approved by the AICTE for lhe acaden c year 2022-23

¶217

lA NO: 1 OF 2022

¶218

Petition under I er:tion^'1 51 CPC praying that in the circumr,tances stated in the affidavit filed in supp<^.t of the petition, the High Court may be tr;lea;ed to direct the Respondents to notify and make admissions in the 2nd Phase o'' counselling for the Academic Year 2022 l3 to the full intake capacity fcr all the, llourses of the 2nd Petitioner lnstitution ir;luding the additional increased intake in tle course of B Tech CSE (AllVlL) - 60 seat ; as sanctioned and approved by the Altll E f lr the academic year 2022-23, peirding disposal of the writ petition

¶219

lA NO: 2 OF 2022

¶220

Petition under S :ction 151 CPC praying that in the circunrs;anr:es stated in the affidavit filed in suppor of the petition, the High Court may be^ple::sec to suspend the operation of the Reg rlations No. 3.4, 5.5, 5.6 and 6-1 of tl're^,JNTU Affiliation Procedure and Regu ations^(With effect from^2020-21), tc^{the extent of the} requlremenl oI^perr ls,lu tto^{t Utc} oLiltE^{\JUvErI|||r9l|r} ^ -.^{J^- rrJr \rllU} ^(r..-i.,^ 9^{,rsvv uuuri)csur} increase in intake^{iss ted by the Respondentuniversity pendirrgJisposal of the} present Writ Petition

¶221

IA NO: 3 OF 202i:

¶222

Petition under S^,c1ion'1 51^{CPC prayingthat in the circurrrsr.ancesstated in the} affidavit filed in suppor^{of the petition, the High Court may be plt,rase:dto permit the} Petitioners to notify ant^{make admissionsto the full intake capac'it/for all the courses} of the 2nd Petitioner^{rstitution as sanctionedandapprovedt,y the AICTE for the} academic^{year 2a22-?iwtthout the restriction of the StateGoveritrleltlon the basis of} financial implications c^{suspendingthe operation of the Memo clated12.11 .2022 and} endorsement cjaterl^{14. 'i .2022 issuedby the 3rd Respondent,pet-i,1ir,gdisposalof the} writ petition

¶223

Counsel for the Petitic^{rers: SRI S. NIRANJAN REDDY'SENIOF: C:OUNSEL} FOR SRI TARUN G.^REDDY

¶224

¶225

Counsel for Respondent No. 1: SRI B. MAYUR REDDY (sc FoR JNTUH)

¶226

Counsel for Respondent Nos. 2 & 3: Ms. R. N. PADMAJA,

¶227

GP FOR HIGHER EDUCATION

¶228

Counsel for Respondent No.4: SRI MUDDU VIJAY

¶229

Counsel for Respondent Nos. 5 & 6: Ms. C. VANI REDDY

¶230

WP NO: 36427 OF 2022

¶231

Between:

¶232

Sree Educational Society, 1 -2-28812811 , Domalguda, Hyderabad. Rep. by its Authorised SignatoryDr.T. Ch. Slva Reddy.

¶233

Sreenidhi lnstitute of Science and Technology, Yamnampet, Ghatkesar ltrlandal, R.R. District. Rep. by its Authorised Signatory Dr. T. Ch. Siva Reddy.

¶234

T. Ch. Siva Reddy, S/o Late T. Koti Reddy, Aged 57 years R/o 1-2-28812811 , Domalguda, Hyderabad.

¶235

...PETITIONERS

¶236

AND

¶237

'1 . Jawaharlal Nehru Technological University, Hyderabad, Represented by its Registrar.

¶238

Commissioner of Technical Education, Department of Technical Education, State of Telangana, 2nd Floor, Vidya Bhawan, Nampally, Hyderabad.

¶239

State of Telangana, Rep by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad

¶240

All lndia Council for Technical Education, Indira Gandhi Sport Complex, l.P. Estate, New Delhi.Rep by its Secretary.

¶241

Telangana State Council for Higher Education, 1st Floor Jntu Masab Tank Campus, lvlahaveer Marg, Opp. Mahaveer Hospital, Masab Tank, Hyderabad. Represented by its Secretary.

¶242

The Convenor, TSEAMCET 2022^- 23, Saniket Bhavan, lt/asab ,r:h.!X3._r3|ft$,

¶243

¶244

a)Declaring the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations^(With effect from 2O2O-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake, as being arbitrary, ultra vires, illegal and unconstitutional, apart from being in violation of the law laid down by the Hon'ble Supreme Court and set aside the same,

¶245

b)Declare the action of Respondents No.^'l , 2 and 3 in not permitting the Petitioner lnstitution from running its courses of B. Tech CSE (Data Sciences) and B.

¶246

¶247

Tech CSE (Allr/L) as well as the course of B.Tech Computer S,lier,ce and Business Systems with the : lcitional increased intake as approved bl, the AICTE and mandating a requirer rent of permission from the State Govenrrlenl for the same as being arbitrary, illega and unco nstitutiona I and set aside the sare,

¶248

c)Consequentl ,^,lirect the Respondents herein to treat tht: Petitioner lnstitution as a validly affiliated and approved lnstitution for the Academtc Year 2022-23, for all the Courses of the 2r I Petitioner lnstitution including the addition al increased intake in the courses of B. Tec r CSE (Data Sciences) - 60 seats and B. Tcct-r CSE (Al[i,ll) - 120 seats and B.Tech Cc nputer Science and Business Systems - 6C seats as sanctioned and approved b1r the \ICTE for the academic year 2022-23

¶249

lA NO: 1 OF 2022

¶250

Petition under iection 15'l CPC praying that in the crrcurrsta rces stated in the aff idavit filed in supp rn of the petition, the High Court may be ple;rsed to direct the Respondents to noti I and make admissions in the 2nd Phasr..^r>f counselling for the Academic Year 2A2. -23 to the full intake capacity for all tlre Cc urses of the 2nd Petitioner lnstitution^r rcluding the additional increased intake ir t.le courses of B. Tech CSE (Data Sciences - 60 seats and B. Tech CSE - 120 seatr; ;,rnd B.Tech Computer Science and Busines ; Systems - 60 seats as sanctioned and alrprcved by the AICTE for the academic yea 2022-23, pending disposal of the writ peliti,rn

¶251

lA NO: 2 OF 2022

¶252

Petition under Section 151 CPC praying that in the circun'rstances stated in the affidavit filed in supl ort of the petition, the High Court may t,e pleased to direct the Respondents to not,y and make admissions in the rd Phasr: of counselling for the Academic Year 2O2 - 23 to the full intake capacity for all the Courses of the 2nd Petitioner lnstitution rcluding the additional increased intake irr the <:ourses o fB. Tech CSE (Daia Scienc;e ;) - 60 seats ancj ts. Tech CSE - i 1i0 :;eais arrd B.Tecir Computer Science a rd Business Systems - 60 seats as sancti()ne(l and approved by the AICTE for the ac rdemic year 2022-23, pending disposal of the writ petition

¶253

lA NO: 3 OF 2022

¶254

Petition under Section 151 CPC praying that in the circ.lrrrstances stated in the affidavit filed in supr ort of the petition, the High Court may be pleased to permit the Petitioners to notify nd make admissions to the full intake capa,;ity for all the courses of the 2nd Petition€ ' nstitution as sanctioned and approved l)y the AICTE for the

¶255

¶256

academicyeal2o22-23withouttherestrictionofthestateGovernmentonthebasisof financial^{implications by suspendingthe operation of the Memo dated 12l1 112022and} endorsement^{daled 1411112022issued by the 3rd Respondent' pending disposal of the}

¶257

writ Petition SRI S. NIRANJAN^{REDDY, SENIORCOUNSEL} Counsel^{for the Petitioners:} FOR SRI^{TARUN G. REDDY}

¶258

Gounsel^{for ResPondent No} . 1: SRI^{B. MAYUR REDDY} (SC FOR JNTUH)

¶259

Counsel for^{Respondent Nos'2 & 3: Ms' R' N' PADMAJA'} GP FOR HIGHER^EDUCATION

¶260

Counsel for Respondent^{No. 4: SRI MUDDUVIJAY}

¶261

Counsel for^{Respondent Nos'5 & 6: Ms' C' VANI REDDY}

¶262

WP NO :36442 OF²⁰²²

¶263

Between:

¶264

G. Pulla Reddy Charities^{Trust, Having office at 11-5-452, Red Hills Hyderabad} Reo. bv its Authorized Siqnatory, Authorized Siqnatory,^{li/r. P Subba ReddyP Subba ReddySubba ReddyReddy}

¶265

Reo. bv its Authorized Siqnatory, Authorized Siqnatory,^{li/r. P Subba ReddyP Subba ReddySubba ReddyReddy}

¶266

1. G.^{'NaiayanammalnstitJte of 'Technologyand Science for Women,Shaikpet} Hvderabld - 500008 Reo. bv^its Authorized^{Signatory, IVr' P. Subba Reddy}

¶267

1. trlti. P. Subba Reddy, S/o.-P.^{VenkatReddy.Aged 67 years, No 10-2-289121.} Shantinagar Colony, [,4asab Tank^{Hyderabad- 500028.}

¶268

._.'E,..NERS

¶269

AND

¶270

Jawaharlal Nehru Technological^{University,Hyderabad, Represented by its} Registrar.

¶271

Commissioner of Technical Education,^{Department of Technical Education, State} of Telangana, 2nd Floor, Vidya Bhawan, Nampally, Hyderabad.

¶272

J. State of Telangana, Rep by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad

¶273

All lndia Council for Technical Education, lndira Gandhi Sport Complex, l,P. Estate, New Delhi.Rep by its Secretary.

¶274

Telangana State Council for Higher Education, l st Floor Jntu lt4asab Tank Campus, I/ahaveer lvlarg, Opp. Mahaveer Hospital, lt4asab Tank, Hyderabad. Represented by its Secretary.

¶275

o. The Convenor, TSEAIMCET 2022 - 23, Saniket Bhavan, Masab tr:.[J]X3"rEP$f.

¶276

¶277

a) Declaring the Regulations No. 3.4, 5.5, 5.6 and 6.'1 of the JNTU Affiliation Procedure and Regulations (With effect from 2O2O-21), to the extent of the

¶278

2t)

¶279

requrrement of permiss ln from the state Government for offerin; n3w courses or increase in intake, as I eing arbitrary, ultra vires, illegal and ur clnstitutional, apart from being in vioration o the raw raid down by the Honourabre Supr.me court and set aside the same,

¶280

b) Declare the a tion of Respondents No_ 1, 2 and 3 irlrot permitting the Petitioner lnstitution fron running its course of B Tech csE (ArNrL)i,vith the additionar increased intake as ar proved by the ArcrE and mandating a rr:quirement of permission from the St. ie Government for the same as being arlritrary, illegal and u nconstitutiona I and Set rside the same,

¶281

c) Consequently. , rrect the Respondents herein to treat the p,,)titioner lnstitution as a validly affiliated an' approved lnstitution for the Academic \e:tr 2022-23, for all the Ccurses of the 2nd F -'trtioner lnstitution including the adciitional incre.ased intake in the course of B Tech⁽ sE (Altvl) - 60 seats as sanctioned and ac:roved by the AICTE for the academic^,ear 2022-23

¶282

lA NO: 1 OF 2022

¶283

Petition under Se tion 1 51 CPC praying that in the circumsta nces stated in the affidavit filed in suppofi rf the petition, the High Court may be pleasel to direct the Respondents to notify a rd n-rake admissions in the 2nd Phase ol r.ourrselling for the Academic Year 2A22-2. to the full intake capacity for ali the^r}: urses of the 2nd Petitioner institijtion inci :ding the additional rncreased intake in the course of B Tech CSE (AIML)- 60 seats rs sanctioned and approved by the AICT[:for the academic year 2022-23, pending c sposal of the writ petition

¶284

lA NO: 2 OF 202it

¶285

Petition under Se ;tion 151 CPC praying that in the circumstz; nce,s stated in the affidavit filed in support rf the petition, the High Court may be pleased lo suspend the operation of the RegL ations No. 3.4, 5.5, 5.6 and 6.1 of thr: JNTU Affiliation Procedure and Regul, tions (With effect from 2020-21), to tlte extent of the requirement of permis-. on from the State Government for offerirrg new courses or increase in intake isst ed by the Respondent University^penclirrg c isposal of the present V'/ rit Petition

¶286

lA NO: 3 OF 2022

¶287

Petition under Sit ct on 151 CPC^praying that in the circumst:tnc()s stated in the affidavit filed in suppor of the^petition, the High Court^{may be} Frlerased^{to permit the}

¶288

¶289

Petitioners to notify and make admissions to the full intake capacity for all the courses of the 2nd Petitioner lnstitution as sanctioned and approved by the AICTE for the academic year 2022-23 without the restriction of the State Government on the basis of financial implications by suspending the operation of the l,4emo dated 12.1 1.2022 and endorsement dated 14-11.2022 issued by the 3rd Respondent, pending disposal of the writ petition

¶290

Counsel for the Petitioners: SRI S. NIRANJAN REDDY, SENIOR COUNSEL FOR SRI TARUN G. REDDY

¶291

Counsel for Respondent No.^'1 : SRI B, MAYUR REDDY (SC FOR JNTUH)

¶292

Counsel for Respondent Nos. 2 & 3: Ms. R. N. PADMAJA, GP FOR HIGHER EDUCATION

¶293

Counsel for Respondent No. 4: SRI MUDDU VIJAY

¶294

Counsel for Respondent Nos. 5 & 6: Ms. C. VANI REDDY

¶295

WP NO: 36449 OF 2022

¶296

Between:

¶297

Jakkula Educational Society, H. No.^'1-30-112, Jaya Enclave, New Bowenpally, Secunderabad. Rep. by its Secretary and Correspondent tt/r. Trishul Reddy.

¶298

Narsimhareddy Engineering College, Sy. No. 518, t/aisammaguda, Dulapalle, Medchal lr4andal, R.R. District, Rep. by itsSecretary and Correspondent N4r. Trishul Reddy.

¶299

I/r. Trishul Reddy, S/o Narasimha Reddy, Aged 44 years, R/o H.No. 1-30-112, Jaya Enclave, New Bowenpally, Secunderabad

¶300

-..PETITIONERS

¶301

AND

¶302

Jawaharlal Nehru Technological University, Hyderabad, Represented by its Registrar.

¶303

Commissioner of Technical Education, Department of Technical Education, State of Telangana, 2nd Floor, Vidya Bhawan, Nampally, Hyderabad.

¶304

J. State of Telangana, Rep by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad

¶305

All lndia Council for Technical Education, lndira Gandhi Sport Complex, l.P. Estate, New Delhi.Rep by its Secretary.

¶306

Telangana State Council for Higher Education,^'1st Floor,JNTU Masab Tank Campus, Mahaveer Marg, Opp. l\rlahaveer Hospital, lt4asab Tank, Hyderabad. Represented by its Secretary.

¶307

6 The Convenor, TSEATVCET 2022-23, Saniket Bhavan, Masab tr..l.,*?{$B!i3€!r,

¶308

Petition under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to

¶309

¶310

issue any appropriate 'rrit, order or direction more particularly ore in the nature of Writ of l/andamus.

¶311

a)Declaring the Regulations No. 3.4, 56, 5.6 and 6.1 cf ;he JNTU Affiliation Procedure and Regr lations (With effect from 2020-21), to the extent of the requirement of permil sir:n from the State Government for offer nll new courses or increase in intake, as being arbitrary, ultra vires, illegal and rrrcor stitutional, apart from being in violatio of the law laid down by the Honble Sup reme Court and set aside the same,

¶312

b)Declare the iclion of Respondents No. 1, 2 and 3 irr not permitting the Petitioner lnstitLrtion 'om running its courses of B. Tech lnirrmaiion Technology, B.Tech CSE (Data 3ciences) and B.Tech CSE (Alandlt/L) wrtlr the additional increased intake as agproved by the AICTE and mandatrn:; a requirernent of permission from the ltate Government for the same a-s being arb trary, illegal and u nconstitutiona I and s:t aside the same

¶313

c)Consequentl', direct the Respondents herein to treat tre Petitioner lnstitution as a validly affiliated rnd approved lnstitution for the Academic {eer 2022-23, for all the Courses of the 2n I Petitioner lnstitution including the additionrrl rcreased intake in the courses of B.^-ech lnformation Technology- 60 seats. B.--ech CSE (Data Sciences) -'120 seat and B.Tech CSE (AlandML) - 60 seats as; sanctioned and approved by the AIC- E for the academic year 2022- 23

¶314

lA NO: 1 OF 2022

¶315

Petition under f ection 151 CPC praying that in the circun,sta rces stated in the affidavit filed in supp:rt of the petition, the High Court may be ple;rsed to direct the Respondents to notil / and make admissions in the 2nd Phase tf counselling for the Academic Year 202 -23 to the full intake capacity for all the Courses of the 2nd Petitioner lnstitution rcluding the adrJitional increased intake ir- t'te aou!'SeS of B. Tech lnformation Technol gv- 60 seats, B.Tech CSE (Data Sciences) .- 120 seats and B-Tech csE (Al&lvL - 60 seats as sanctioned and approvecl by lhe AlcrE for the academic year 2022.23, pending disposal of the writ petition arrrj pas s

¶316

lA NO: 2 OF 2A22

¶317

Petition under Section 151 CPC praying that in the circuritstances stated in the affidavit filed in supp )d of the petitlon, the High Court may be p eased to suspend the operation of the R :grlations No. 3.4, 5.5, 5.6 and 6.'l r;f ti-e JNTU Affiliation

¶318

¶319

Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake issued by the Respondent University pending disposal of the present Writ Petition

¶320

lA NO: 3 OF 2022

¶321

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioners to notify and make admissions to the full intake capacity for all the courses of the 2'd Petitioner lnstitutron as sanctioned and approved by the AICTE for the academic year 2022-23 without the restriction of the State Government on the basis of financial implications by suspending the operation of the Memo dated 12.11 .2022 and endorsement daled 14.11.2022 issued by the 3rd Respondent, pending disposal of the writ petition

¶322

Counsel for the Petitioners: SRI S. NIRANJAN REDDY, SENIOR COUNSEL FOR SRI TARUN G. REDDY

¶323

Counsel for Respondent No. 1: SRI B. MAYUR REDDY

¶324

(SC FOR JNTUH)

¶325

Counsel for Respondent Nos. 2 & 3: Ms.^R. N. PADMAJA,

¶326

GP FOR HIGHER EDUCATION

¶327

Counsel for Respondent No. 4: SRI MUDDU^VIJAY

¶328

Counsel for Respondent Nos.^{5 & 6: Ms.C. VANIREDDY}

¶329

WP NO: 36451 OF 2022

¶330

Between:

¶331

KIMR Educational Society, Having office at^Plot No.^48, Sowjanya Colony, Bowenpally, Hyderabad - 500011^Rep. by^{its Authorized} Signatory Mr.^Mani Laxman Reddy

¶332

MLR lnstitute of Technology, Laxma Reddy Avenue,Dundigal Quthbullapur, Rangareddy District, Hyderabad -^{500043 Rep. by its Authorized} Signatory^Mr. Marri Laxman Reddy

¶333

Mr. Marri Laxman Reddy, S/o Ii/.^Bal Reddy,^Aged 77^years,Ryo. Bowenpally, Secunderabad.

¶334

...PETITIONERS

¶335

AND

¶336

Jawaharlal Nehru Technological University,^{Hyderabad, Represented} by^its Registrar.

¶337

Commissioner of Technical Education,^{Department of Technical Education, State} of Telangana, 2nd Floor,^{Vidya Bhawan,Nampally, Hyderabad.}

¶338

¶339

State of Telang rna, Rep by its Principal Secretary, Higher Erlucrrtion Department, Secretariat Bui Jings, Hyderabad

¶340

All India Counc for Technical Education, lndira Gandhi S;rort Complex, LP. Estate, New Dr hi.Rep by its Secretary.

¶341

Telangana Sta, : Council for Higher Education, 1 st F loor,Jltl-l U lt4asab Tank Campus, lVaha zeer Marg, Opp. IVlahaveer Hospital, Masa:^-anl<, Hyderabad. Represented b its Secretary.

¶342

The Convenor, T :i EA lvl C ET 2022 -23, S a n i ket B hava n, [,4a si' b t,

¶343

".1"?X$Br,fBE$i, Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Corrrt nray be pleased to issue any appropriate writ. order or direction more particlilarly c,nr: ir.r the nature of Writ of l,4andamus.

¶344

a) Declaring tl e Requlations No. 3.4, 5.5, 5.6 and 6 1 o' th,: JNTU Affiliation Procedure and Re1 ulations (With effect lrom 202O-21), tc, the extent of the requireiler-rt of perirl ssiOn ironl ine 5iaie^(.:OVernment Tor O'ii i'ii'r(i ne'W COUTSeS Oi' increase in rntake, a r being arbitrary,^r tlt-ra vires, illegal anC Lrnco nstitutional, apart from berng in v olati( n of the law laid down by the Hon'ble liucrerre Court and set acida tha cama

¶345

b) Declare thr action of Respondents No. 1, 2 and 3 in rrot permitting the Petitioner I nstitution -om running its course of B. Tech CSE (t)y'5er Security) with the additional increased rtake as approved by the AICTE and marrdatinr; a requirement of permission f rom the Siate Government for the same zis being arbitrary, illegal and u nconstitutiona I and el aside the same,

¶346

u., -urrscqucll y, direct the Respondents hei'ein to treat il-r,: Petitioner lnstitution as a validly affiliated and approved lnstitution for the Academic Year 2022-23, for all the Courses of the 2r d Petitioner lnstitution including the additior al i rcreased intake in the course of B. Tecl CSE (Cyber Security) - 60 seats as sanctic,ne(l and approved by the AICTE for the ac; demic year 2022-23

¶347

lA NO: 1 OF 2022

¶348

Petition under Section 151 CPC praying that in the circun-rstances stated in the affidavit filed in supp rrt of the petition, the High Court may be pl:ased to suspend the operation of the R, gulations No. 3.4, 5.5, 5.6 and 6.'l of the JNTU Affiliation Procedure and Re, ulations (With effect frcm 2020-21), tc tf e extent of the requirement of pern ssion from the State Governmenl for offr,rrinl; new courses or increase in intake i ;sued b1r the Respondent University p,:rrding disposal of the present Writ Petition

¶349

¶350

lA NO: 2 OF 2022

¶351

Petition under Section^'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to notify and make admissions in the 2fid Phase of counselling for the Academlc Year 2022-23 to the full intake capacity for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the course of B. Tech CSE (Cyber Security) - 60 seats as sanctioned and approved by the AICTE for the academic year 2022-23, pending disposal of the writ petition

¶352

lA NO: 3 OF 2022

¶353

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioners to notify and make admissions to the full intake capacity for all the courses of the 2nd Petitioner lnstitution as sanctioned and approved by the AICTE for the academic year 2022-23 without the restriction of the State Government on the basis of financial implications by suspending the operation of the Memo daled 12.11.2022.and endorsement dated^'14.11 .2022 issued by the 3rd Respondent,^pending disposal of the writ petition

¶354

Counsel for the Petitioners: SRI S. NIRANJAN REDDY, SENIOR COUNSEL FOR SRI TARUN G. REDDY

¶355

Counsel for Respondent No. 1: SRI^{B. MAYUR REDDY}

¶356

(SC FOR JNTUH)

¶357

Counsel for Respondent Nos.2 & 3: Ms. R.^{N. PADMAJA,}

¶358

GP FOR HIGHER EDUCATION

¶359

Counsel for Respondent No.4: SRI MUDDU^VIJAY

¶360

Counsel for Respondent Nos. 5 & 6: Ms.^{C. VANIREDDY}

¶361

WP NO: 36462 OF 2022

¶362

Between:

¶363

1 . Royal Educational Society, Having office^{at 1-1-336/54, Chikadpally,Hyderabad} Rep. by its Chairman l/r. Prashanth Arutla.

¶364

Hyderabad lnstitute of Technology and^{Management, GowdavellyVillage,} Medchal, Rangareddy District Rep. by its Authorized Signatory Mr. Prashanth Arutla

¶365

[t4r. Prashanth Arutla, S/o^{Late Viplav Reddy,Aged 52 years, R/o Villa No.} 264'Palm Meadows' Kompally-

...pETrroNERs

AND

Jawaharlal Nehr r^{-[echnological} University, Hyderabad, Repr':serted by its Registrar.

¶370

Commissioner c Technical Education, Department of Technir;al tlducation, State ofTelangana,2, d Floor, Vidya Bhawan, Nampally, Hyderarad.

¶371

State of Telang; ra, Rep by its Principal Secretary, Higher [:c ucation Department, Secretariat Builr lnqs. Hyderabad

¶372

All lnd ia Counci for Technical Education, lndira Gandhi Spor. Ccmplex, l.P. Estate, New De ri.Rep by its Secretary.

¶373

Telangana Statr Council for Higher Education, 1st Floor,JNTtJ lvlasab Tank Campus, lvlahar :er lVarg, Opp. It/ahaveer Hospital, l\4asab T ank, Hyderabad. Represented by rts Secretary.

¶374

(i The Convenor SEAIVICET 2022-23. Saniket Bhavan, [t/a:;a:r ,. ".0,*?UBBr,fBESi,

¶375

Petition under' Arlicle 226 of the Constitution of lndirr praying that in the

¶376

circumstances statecl 1 the affidar.,rt filed therewith, the High Courl may be pleased to issue any appropriate ryrit, order or direction more particularly one, in the nature of Writ of [,4andamus.

¶377

a)Declaring the Regulations No. 3.4, 5.5, 5.6 ancl 61 of the JNTU Affiliation Procedure and Reg rlations (With effect from 2020-21), to th<: extent of the requirement of pernri sion from the State Government for of'ering new courses or increase in intake, ar being arbitrary, ultra vires, illegal and uirconstitutional, apart fronr being in v:oiatio r ,lf the law laid down by the Honble Sui:rente Court and set aside the same,

¶378

L\n^^r^,^ +1.^ u,/r,Jvtlrorv r.r rs ;ction of Respondents Nc. 1 , 2^.and 3 irt^-t -.t perrnitt!ng the Petitioner lnstitution fr rrr running its courses of B. Tech CSE arcl B^-fech CSE^(AIML) with the additional ir :reased intake as approved by the AI{)TE and mandating a requirement of^permis sion from the State Government for the s.rnre es being arbitrary, illegal and unconstitul onal and set aside the same,

¶379

c)Consequentl' , direct the Respondents herein to treat t1e Petitioner lnstitution as a validly affiliated and approved lnstitution for the Academic'Yeer 2022-23, for all the Courses oi the 2n i Peiiiir:ner instiluiiorr irruiuciirrg tire aridititrir.ii r- ci'eased intake in the courses of B. T ch CSE - 60 seats and B Tech CSE (l'lt\41-) - 60 seats as sanctioned and apprc red by the AICTE for the academic year 202.2-23 and pass lA NO: 1 OF 2022

¶380

Petition under iection 151 CPC praying that in the circumstances stated in the affidavit filed in supp rrt of the petition, the High Court may b,: rlezrsed to direct the Respondents to notif and make admissions in the 2nd Phasr: '-rf c,runselling for the Academic Year 2O2. -23 to the f ull intake capacity for all tht,, C:urses of the 2"

¶381

¶382

Petitioner lnstitution including the additional increased intake in the courses of B. Tech CSE - 60 seats and B Tech CSE (AIML) - 60 seats as sanctioned and approved by the AICTE for the academic year 2022-23, pending disposal of the writ petition

¶383

lA NO: 2 OF 2022

¶384

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2O2O-21), to the extent of the requirement of^permission from the State Government for offering new courses or increase in intake issued by the Respondent University^pending disposal of the present Writ Petition

¶385

lA NO: 3 OF 2022

¶386

Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to^permit the Petitioners to notify and make admissions to the full intake capacity for all the^couTSes of the 2nd Petitioner lnstitution as sanctioned^{andapprovedby the AICTEfor the} academic year 2022-23 without the^{restriction of the State Governmenton the basis of} financial implications by suspending the operation of the Memo^{dated 12.11.2022} and endorsement dated 14.11.2022 issued by^{the 3rd Respondent, pending disposal of the} writ petition

¶387

Counsel for the Petitioners: SRI^{S. NIRANJAN REDDY, SENIORCOUNSEL} FOR SRI TARUN G. REDDY

¶388

Counsel for Respondent No. 1: SRI^{B. MAYUR REDDY} (SC FOR JNTUH)

¶389

Counsel for Respondent Nos.^{2 & 3: Ms. R. N. PADMAJA,}

¶390

GP FOR HIGHER EDUCATION

¶391

Counsel for Respondent No.4: SRI MUDDU^VIJAY

¶392

Counsel for Respondent Nos.⁵ & 6:^{Ms. C. VANIREDDY}

¶393

WP NO: 36473 OF 2022

¶394

Between:

¶395

1 J.B. Educational Society 6-3-24881/114. 4th Floor, Road No. 1. Banjara Hills. Hyderabad. Rep. by irs Authorised signatory l/u. p attipari chinna Krishni machary

¶396

¶397

¶398

JB lnstitute of E rgineering and Technology, Yenkapally Vil a:;e, Ir4oinabad Manda, R.R Djstrict. Rep. by its Authorised Signatory lV'. Pattipati Chinna Krishnamachan.

¶399

Pattipati Chinni Krishnamachary, S/o Late Sri P. Venkatra.narrachary, Aged 57 years. Ryo A90( ,PBEL City, Hyderabad ...PETITIONERS

¶400

AND

¶401

1 Jawaharlal Neh u Technological University, Hyderabad, Rr;presernted by its Registrar.

¶402

2 JB lnstitute of E rgineering and Technology, Yenkapally Villalle Vloinabad Manda, R.R. District. Rr p. by its Authorised Signatory Mr. Pattipati C rinna Krishnamachar

¶403

3 Commiss oner i Technical Education, Department of Techn cal Education, State of Telangana, 2 rd Floor, Vidya Bhawan, Nampally, llyderzrbad

¶404

4 State of Telang rna, Rep by its Principal Secretary, Higher E,:lucation Department, Secretariat Bril lings, Hyderabad

¶405

5 All India Counc for Technical Education, lnciira Gandhi Spo t Cornplex, l.P. Estate, Ne,w De hi.Rep by its Secretary.

¶406

A T6l. h^. ^., Qt.rl ) Council for Higher Education, l st Floor, JN'tU lr,{asab Tank Camp"us, Ir.,4aha ,eer lVlarg, Opp lVlahaveer Hospital, lr4asab l ank, Hyderabad. Repi'esented b, its Secretary.

¶407

7 The Convenor, ls EA N/ C Er 2022-23. S a n i ket B hava n, IV a ser b t,

¶408

".L,_?{flBr;t38$i. Petition.rnder Afitcle 226 of the Constitution of lnd a przrying that in the circumstances stated in the affidavit filed therewith, the l'ligh Cor. rt nray be pleased to issue any appropriate writ, order or direction more particularly c'nt; in the nature of Writ of lv4andamus

¶409

a) Declaring tl e Regulations No. 3.4, 5.5, 5.6 and 6.1 o'th,: JNTU Affiliation Procedure and Re1 ulations (With effect irom 2O20-2i), tc' the extent of tire requirement of oerm ssion from the State Government for offr, ringl new courses or increase in intake, e r being arbitrary, ultra vires, illegal and rrncc nstitutional, apart from being in violatir n of the law laid down by the Honble Su:rerne Court and set aside the same

¶410

b) Declare th, action of Respondents No. 1, 2 and 3 in not permitting the Petitioner lnstitution^-om running its courses of B.Tech CSE (Artificirrl lntelligence and Machine Learning), E.Tech CSE (Data Science) B. Tech CSE irrrd B Tech lnformation Technology with tht additional increased^{intake as zrpprove(i bv the AICTEand} mandatingarequirenentofpermissionfromthestateGoverrrrnertforthesameaS being arbitrary,^{illegr land u nconstitutional and set aside the san're}

¶411

c) Consequer^{ly, direct the Respondents herein to treat tle Petitioner lnstitution} asavalidlyaffiliatetandapprovedlnStitutionfortheAcadenlir.'Ye.ar2022-23,forall theCoursesofthe2lcPetitionerlnstitutionincludingtheaddi..ic'nalincreasedintakein the courses^{of B Te;h CSE(Data Science)- 30 seats'B Tech CSE- 60 seats and B'}

¶412

¶413

Tech lnformation Technology - 60 seats as sanctioned and approved by the AICTE for the academic year 2022-23

¶414

lA NO: 1 OF 2022

¶415

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to notify and make admissions in the 2nd Phase of counseling for the Academic Year 2022-23 to the full intake capacity for all the Courses of the 2nd Petitioner Institution including the additional increased intake in the courses of B.Tech CSE (Data Science) - 30 seats, B. Tech CSE - 60 seats and B. Tech lnformation Technology- 60 seats as sanctioned and approved by the AICTE for the academic year 2022-23, pending disposal of the writ petition

¶416

lA NO: 2 OF 2022

¶417

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to suspend the operation of the Regulations No. 3.4, 5.5. 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations^(With effect from 2O2O-21), to the extent of the requirement of^permission from the Stale Government for offering new courses or increase in intake issued by the Respondent University^pending disposal of the present Writ Petition

¶418

lA NO: 3 OF 2022

¶419

Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to^permit the Petitioners to notify and make admissions to the full intake capacity for all the courses of the 2nd Petitioner lnstitution as sanctioned and approved by the AICTE for the academic year 2022-23 without the restriction of the State Governmenl on the basis of financial implications by suspending the operation of the Memo dated^'12.1 1.2022 and endorsement dated 14.1 1.2022 issued by the 3rd Respondent,^pending disposal of the writ petition

¶420

Counsel for the Petitioners: SRI S. NIRANJAN REDDY, SENIOR COUNSEL FOR SRI TARUN G, REDDY

¶421

Counsel for Respondent No. 1: SRI B. MAYUR REDDY

¶422

(sc FoR JNTUH)

¶423

Counsel for Respondent Nos. 2 & 3: Ms. R. N. PADMAJA,

¶424

GP FOR HIGHER EDUCATION

¶425

¶426

Counsel for Responc rnt No. 4: SR! MUDDU VIJAY

¶427

Counsel for Responc rnt Nos. 5 & 6: Ms. C. VANI REDD'f

¶428

WP NO: 36487 OF 21) 2

¶429

Between:

¶430

'1 . Chandramma E lucational Society, Sy. No. 59, Jalranag:rr Colony, Bowenpally, Secunderabac. 1e:p. by its Secretary, Ch. Ir/ahender Redd'l

¶431

lVlalla Reddy C rllege of Engineering for women, l\4aisarr malyuda, Dhulapally, Secunderabac ' leo. by its Secretary, Ch. Ir,4ahender Reddy.

¶432

tt/lr. Ch. lrrlahenr er Reddy, S/o Ch. tt/alla Reddy, Aged- 45^y,1s.5;, Rio Sy. No. 59, Jayanagar corc ry Bowenpaly, Secunderabad. ...pETITIoNER

¶433

AND

¶434

1 larrra h r r a Nloh r Ionhnnlnninal llnirrerqitrr Hvderabad. R<.o esrnted hv its Registrar

¶435

2 Commissionei'r I Technical Education, Department of Tecl n ral iducation, State of Telangana, 2 rd Floor, Vidya Bhawan, Nampally, Hyderabird.

¶436

3 State of Telang ni:, Rep by its Principal Secretary, Higher^-r;ucetion Department, Secretariat Buil ings, Hyderabad

¶437

4 AII lndia Counc. for Technical Education, lndira Gandhi Spor Ccmplex, I.P. Estate, New De ni Rep by its Secretary.

¶438

5 Telangana Stat Council for Higher Education, IstFloor,JN--LJ ltlasab Tank Campus, l,4aha eer 1,4arg, Opp- lVlahaveer Hospital, lvlasab^-[-anl.:, Hyderabad. Represented b\ its Secretary.

¶439

6 The Convenor, -SEA[,4CET 2022-23, Saniket Bhavan, [vla';a c Tank, Hyderabad ...RESPONDENTS

¶440

Petition under Ar-ticle 226 of the Constitution of lndia oravino that in the

¶441

circumstances stated n the affidavit filed therewith, the High Coud^rrray be^pleased to issue any appropriate writ, order or direction more particularly onc irr the nature of Writ of Mandamus

¶442

a)Declaring thr Regulations No.3.4,5.5,5.6 and 6.1 ol the, JNTU Affiliation Procedure and Reg rlations (With effect from 2020-21), to th,l exient of the requirement of perm ;sion from the State Government for offe'ing new courses or ll lul vaS(, :^ i^+^r,^ rr lliror\cr ^o l-^i^^ q,u,r'o'r! ^.l..i+.^.,, ,,lt'^ u'Uu ',i.^c. v,,vJ, illaaal i.ivudi u,,s an^ , v,tvv r'1^^'acfitr r+i^n.l rJLrLvtlv^{q;, qv-;r} anrrt , 'r11,', from being in violatic r of the law laid down by the Honble Sul.rrenre Court and set aside the same

¶443

b)Declare the action of Respondents No. 1 , 2 and 3 i-r not permitting the Petitioner lnstitution f om running its courses of B. Tech CSE^(D,rta Sciences) and B. Tech CSE (AI and l'/ )with^{the additional increased intakeas apttroved by the AICTE} and mandating a req ir,:ment of oermission from the State Govr, rnnlent for the same as being arbitrary, ille ;al^{andu nconstitutionaI and set asi{je the s,,rme}

¶444

¶445

c)Consequently, direct the Respondents herein to treat the Petitroner lnstitution as a validly affiliated and approved lnstitution for the Academic Year 2022-23, for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the courses of B. Tech CSE (Data Sciences) 60 seats and B. Tech CSE (Al AND ML) 60 seats as sanctioned and approved by the AICTE for the academic year 2022-23

¶446

lA NO: 1 OF 2022

¶447

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to notify and make admissions in the 2nd Phase of counselling for the Academic Year 2022-231o the full intake capacity for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the courses of B. Tech CSE (Data Sciences) 60 seats and B. Tech CSE (Al and ML) 60 seats as sanctioned and approved by the AICTE for the academic^year 2022-23,^pending disposal of the writ petition

¶448

lA NO: 2 OF 2022

¶449

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to suspend the operation of the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake issued by the Respondent University^pending disposal of the present Writ Petition

¶450

lA NO: 3 OF 2022

¶451

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to permit the Petitioners to notify and make admissions to the full intake capacity for all the courses of the 2nd Petitioner lnstitution as sanctioned and approved by the AICTE for the academic year 2O22-23without the restriction of the State Government on the basis of financial implications by suspending the operation of the lVlaw daled 12.11.2022 and endorsement daled 14.11.2022 issued by the 3rd Respondent,^pending disposal of the writ petition

¶452

Counsel for the Petiti^,ners: SRI S. NIRANJAN REDDY, SENIOR COJNSEL FOR SRI TARUN G. REDDY

¶453

Counsel for Respond^,nt No. 1: SRI B. MAYUR REDDY

¶454

(SC FOR JNTUH)

¶455

Counsel for Resporrd^,nt Nos. 2 & 3: Ms. R. N. PADMAJA,

¶456

GP FOR HIGHER EDUCA'I'IC)I'I

¶457

Counsel for Respond rnt No. 4: SRI MUDDU VIJAY

¶458

Counsel for Respond:nt Nos.5 & 6: Ms. C. VANI REDDY

¶459

WP NO: 36491 OF 20r 2

¶460

Between:

¶461

C.lvi.R. Ed ucatir r.,i Society. Sur vey i'ju. 59,^jayanagai' C c lo iy \elv Bo',venpally, Secunderabad, 10C01 1 . Rep. by its Secretary, CH. Ivlahen<la'Re ddy.

¶462

z. tvt<\td neju,Jy r_ gineerinE College, l\4aisammaguda, Gunlli:ocrantpally Village, IVedchal lt4and, l, Ranga Reddy District, Secunderabad i;00()14. Rep. by its Secretary, CHⁱ lahendar Reddy

¶463

ttrlr. CH. lv4ahenr ar Reddy, S/o. CH. Ii,4alla Reddy, aged.45^y:;ars, Rl./o. Survey No. 59, Jayanagar⁽ olony, New Bowenpally, Secunderabad, 5()Cl'1 1 ...pETt,oNERS

¶464

AND

¶465

'1. Jawaharlal Neh .l fechnological University, Hyderabad, Rep.esented by its Registrar. Commissioner t i I'echnical Education, Department c,f Tecl- n :al lducation, State

¶466

a ur State of Telang.I Yl<1rr!].irrd, e ,rr na, Rep by tr!rrr /irl.,r Dh^,a,.n hlomnallv l-.lrrrlorrh, v,uyo u,,uvvu,,! '\o,rrr/ur,rr ,,rve,o!,i its Principal Secretary, Higher:cuce u.d tion Department, Secretariat Buil, ings, Hyderabad

¶467

1. All lnd ia Councl for Technical Education, lndira Gandhr Spcr Ccmplex, i.P. Estate, New De ri Rep by its Secretary.

¶468

1. Telangana Stzrt C;ouncii for Higher Education, 1st Floor, J -i-U lr/lasab Tank Campus, [t4aha eer lVarg, Opp. Mahaveer Hospital, lVlasatr l'anl , Hyderabad. Represented by Its Secretary.

¶469

6 The Convenor, -S EAIVC ET 20 22- 23, S a n i ket B ha va n, M a :;a : t,,r.1,*E{BBr;tBE$', Petition under Article 226 of the Constitution c,f lndia praying that in the

¶470

circu!'nstances stated n the affidavit filecl therewith, the High Court nLay be pleased to issue any appropriate writ, order or direction more particularly onr; in :he nature of Writ of fvlandamus.

¶471

a) Declaring th ) Regulations No.3.4,5.5,5.6 and 6.'1 crl the, JNTU Affiliation Procedure and Reg ilations (With effect from 2O2O-21),ⁱ o th() extent of the requirement of permi ;s on from the State Government for oftering new courses or increase in inta ke, a being arbitrary, ultra vires, illegal and u'tco nstitutional, apart

¶472

-).)

¶473

from being in violation of the law laid down by the Hon'ble Supreme Court and set aside the same,

¶474

b) Declare the action of Respondents No. 1, 2 and 3 in not permitting the Petitioner lnstitution from running its courses of B. Tech Computer Science and Business Systems, B. Tech CSE (lOT) and B.Tech lnformation Technology with the additional increased intake as approved by the AICTE and mandating a requirement of permission from the State Government for the same as being arbitrary, illegal and u nconstitutional and set aside the same,

¶475

c) Consequently, direct the Respondents herein to treat the Petitioner lnstitution as a validly affiliated and approved lnstitution for the Academic Year 2022-23, for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the courses of B. Tech Computer Science and Business Systems - 60 seats, B. Tech CSE (lOT) - 60 seats and B.Tech lnformation Technology - 120 seats as sanctioned and approved by the AICTE for the academic^yeat 2A22-23

¶476

IA NO: 1 OF 2022

¶477

Petition under Section^'1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^{pleased pleased} to direct the Respondents to notify and make admissions in the 2nd Phase of counseling for the Academic Yeat 2022- 23 to the full intake capacity for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the courses of^B. Tech Computer Science and Business Systems - 60 seats,^B. Tech CSE^(lOT)- 60 seats and B.Tech lnformation Technology - 120 seats as sanctioned and approved by the AICTE for the academic^year 2022-23,^pending disposal of the writ^petition

¶478

lA NO: 2 OF 2022

¶479

Petition under Section^'1 51 CPC^praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^{pleased pleased} to suspend the operation of the Regulations No. 3.4, 5.5, 5.6 and 6-1 of the JNTU Affiliation Procedure and Regulations^(With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake issued by the Respondent University^pending disposal of the present Writ Petition

¶480

.l,l

¶481

lA NO: 3 OF 2022

¶482

Petition under I ection 151 CPC praying that in the circurnr,tances stated in the affidavit filed in suppc 1 of the petition, the High Court may be c eas;ed to permit the Petitioners to notify ar J make admissions to the full intake capeciiy frrr all the courses of the 2'd Petltioner nstitution as sanctioned and approved t,v tn: AICTE for the academic year 2O22-i I 'dithout the restriction of the State Goverr ment on the basis of financial implications I y suspending the operation of the l\4enro datecl 1211112022 and endorsement daied i.^tiii2A22 issued by the 3rd RespcnCent.^pe rdirrg disposal of the writ petition

¶483

Counsel for the Petit rners: SRI S. NIRANJAN REDDY, SENIC,R COUNSEL FOR SRI TARUN G. REDDY

¶484

Counsel for Responr ent No. 1: SRI B. MAYUR REDDY (SC FOR JNTUH)

¶485

Counsel for Responr ent Nos. 2 & 3: Ms. R. N. PADMAJA,

¶486

GP FOR HIGHER EDUC A TION

¶487

Counsel for Responr ent No. 4: SRI MUDDU VIJAY

¶488

Counsel for Respon< ent Nos. 5 & 6: Ms. C. VANI REDDY

¶489

WP NO: 36496 OF 20 22

¶490

MGR Educatio' al Society, 173, Plassey Lane, It4alla Reddy^tl311s.t, Bowenpally, Secunderabad Rep. by its Secretary, C. Gopai Reciiy

¶491

CMR College of Engineering and Technology, Kandl;rk,.rya Village, Medchal Mandal, R.R. t strict Rep. by its Correspondent C. Gopal^1r, dcl5'.

¶492

C. Gopal Red, y, S/o Late C. tvlalla Reddy, Aged 51^ye:: rs, R:/o¹ 73, Plassey Lane, Ivlalla R€^jdy Gardens, Bowenpally, Secunderabad. ...pETITtoNERs

¶493

AND

¶494

Jawaharlal Nel ru Technological University, Hyderabad, Repres:nted by its r\eur5u dr .

¶495

Commissioner rf Technical Education, Department of Techr ical Education, State of Telangana, nd Floor, Vidya Bhawan, Nampally, Hyderatrac. State of Telanr ana, Rep by its Principal Secretary, i-ligher E.Cucation Department, Secretariat Bu dings, Hyderabad

¶496

All lndia Counr rl lor Technical Education, lndira Gandhi Spc^{rt (l3mplex,} l.P. Estate, New D ,lhi.Rep by its Secretary.

¶497

Telangana Sta e Council for Higher Education, lstFlcor,JNTU Masab Tank Campus, Mahi verer tr/arg, Opp. Itrlahaveer Hospital lvlasab Iank, Hyderabad. Represented t / its Secretary.

¶498

6 The Conr.,enor TSEAIVICET 2022-23, Saniket Bhavan, N4:rs:lb 1ank, Hyderabad. ...RESPONDENTS

¶499

¶500

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus. a) Declaring the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2O2O-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake, as being arbitrary, ultra vires, illegal and u nconstitutional, apart from being in violation of the law laid down by the Hon'ble Supreme Court and set aside the same b) Declare the action of Respondents No. 1, 2 and 3 in not permitting the Petitioner lnstitution from running its courses of B. Tech CSE (Data Sciences)and B Tech lnformation Technology with the additional increased intake as approved by the AICTE and mandating a requirement of^permission from the State Government for the same as being arbitrary, illegal and u nco nstitutiona I and set aside the same c) Consequently, direct the Respondents herein to treat the Petitioner lnstitution as a validly affiliated and approved lnstitution for the Academic Year 2022-23, for all the Courses of the 2nd Petitioner lnstitution including the additional rncreased intake in the courses of B. Tech CSE^(Data Sciences) - 120 seats and B Tech lnformation Technology - 120 seats as sanctioned and approved by the AICTE for the academic year 2022-23

¶501

lA NO: 1 OF 2022

¶502

Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to direct the Respondents to notify and make admissions in the 2nd Phase of counselling for the Academic Yeat 2022-23 to the full intake capacity for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the courses of B. Tech CSE (Data Sciences) - 120 seats and B Tech lnformation Technology - 120 seats as sanctioned and approved by the AICTE for the academic yeat 2022-23,^pending disposal of the writ^petition

¶503

lA NO: 2 OF 2022

¶504

Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to suspend the operation of the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses^or

¶505

l(r

¶506

increase in intake s^jued by the Respondent Universrty perding disposal of the present Writ Petition

¶507

lA NO: 3 OF 2022

¶508

Petition under ,e.tion 15'1 CPC praying that in the circunr:;tarces stated in the affidavit filed in suppr rt of the petition, the High Court rray be plea:;ed to permit the Petitioners to notify ar nrale admissions to the full intake {rapacity for all the courses of the 2nd Petitioner lr stitution as sanctioned and appr(rved ))' th,r AICTE for the academic year 2022:.3 without the restnction of the State Govr:rr ment on the basis of financial implications ry suspending the operation of the lvlemc cialed 1211112022 and endorsemerrt cjated i i i 1i 2022 issued by the 3rd Respordent, :r:n.Ji:rg dlsposal of the writ petition

¶509

Counsel for the Petit oners: SRI S. NIRANJAN REDDY, SENIOR COUNSEL FOR SRI TARUN G. REDDY

¶510

Counsel for Respon, ent No. 1: SRI B. MAYUR REDDY (sc FoR JNTUH)

¶511

Counsel for Respon ent Nos. 2 & 3: Ms. R. N. PADMAJA,

¶512

GP FOR HIGHER EDUOITTIC,N

¶513

Counsel for Respon lent No. 4: SRI MUDDU VIJAY

¶514

eounsei for R.espon ient Nos. 5 & 6: irlis. C. VANi REDDY

¶515

Yr/P NO: 36534 CF 2t 22

¶516

Between:

¶517

Maruthi Educa ional Society, Having office at Dund gal, Rargar:ddy, Hyderabad - 500043 Rep. t I its Secretary Mr. Ch. Sathi Reddy.

¶518

lnstitute of A )ronautical Engineering, Sy. No. 483,^,ll\4. Dundigal Village, Quthbullapur ,4andal, Rangareddy District, Hyderabad - 500043 Rep. by its Authorized Sig ratory Mr. Ch. Sathi Reddy 3. 1,4 r. Ch. Sethi Redd),, S/o Ch. Pulla Recldy, Aoed 75 ,re,ars. R/o Plot No.20, Sarvasukhi Cc ony, West Maredpally, Secunderabad.

¶519

...pETtTtoNERs

¶520

AND

¶521

Jawaharlal Ne rru Technologlcal University, Hyderabad. F e:rresented by its Registrar".

¶522

a Commissioner of Technical Education, Department of Ter;h'rical Education, State of Telangana, lnd Floor, Vidya Bhawan, Nampally, Hyderal ,ad.

¶523

State of Telan rana. Rep by its Principal Secretary, Highe [:dr,:c:ation Department, Secretariat Bu ldings, Hyderabad

¶524

All lndia Coun il for Technical Education, lndira Gandhi Spr:rt Complex, l.P. Estate, New D:lhi.Rep by its Secretary.

¶525

¶526

5 Telangana State Council for Higher Education, 1st Floor,JNTU tr,4asab Tank Campus, Mahaveer lrlarg, Opp. Mahaveer Hospital, Masab Tank, Hyderabad. Represented by its Secretary.

¶527

6 The Convenor, TSEAMCET 2022-23, Saniket Bhavan, l/lasab Tank, Hyderabad

¶528

Petition under Article 226 of the Constitution of tndia ,rrr,dt,Tj",',fl;: circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction more particularly one in the nature of Writ of 'Mandamus'.

¶529

a) Declaring the Regulatrons No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake, as being arbitrary, ultra vrres, illegal and unconstitutional, apart from being in violation of the law laid down by the Hon'ble Supreme Court and set aside the same,

¶530

b) Declare the action of Respondents No. 1, 2 and 3 in not permitting the Petitioner lnstitution from running its courses of B. Tech Computer Science and lnformation Technology and B. Tech lnformation Technology with the additional increased intake as approved by the AICTE and mandating a requirement of permission from the State Government for the same as being arbitrary, illegal and unconstitutional and set aside the same,

¶531

c) Consequently, direct the Respondents herein to treat the Petitioner lnstitution as a validly affiliated and approved lnstitution for the Academic Yeat 2022-23, for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the courses of B. Tech Computer Science and lnformation Technology- 60 seats and B Tech lnformation Technology - 60 seats as sanctioned and approved by the AICTE for the academic yeat 2022-23

¶532

lA NO:^'l OF 2022

¶533

Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be pleased to direct the Respondents to notify and make admissions in the 2nd Phase of counselling for the Academic Year 2022-23 to the full intake capacity for all the Courses of the 2nd Petitioner lnstitution including the additional increased intake in the courses of B. Tech Computer Science and Information Technology - 60 seats and B. Tech lnformation

¶534

¶535

Technology - 60 seat ; as sanctioned and approved by the AIC'l-E 1or the academic year 2022-23, pendin( disposal of the writ petition

¶536

N F 2022

¶537

Petition under { ection 151 CPC praying that in the circurnstances stated in the affidavit filed in suppo t of the petition, the High Court may be pleased to suspend the operation of the Re ulations No. 3.4, 5.5, 5.6 and 6.1 ol the JNTU Affiliation Procedure and Reg rlations (With effect from 2O2O-21), to th<: extent of the requirement of pernri ,sion from the State Governnrent for of e-ing rrew courses or increase in intake is ;ued by the Respondent Univers ty percling disposal of the present Writ Petition

¶538

lA NO: 3 OF 20it2

¶539

Petition under ;ection^'1 51 CPC praying that in the circurstarces stated in the affidavit fileo in suppr ri of the petition, the High Couri nray be^prlear;ed to permit the Petitioners to notafy ar d make admissions to the full intake capacity f,rr all the courses of the 2nd Petitioner nstitution as sanctioned and approved br,the AICTE for the academic yeat 2022-',3 without the restriction of the Stat<: Gove,rrmert on the basis of financial implications^ry suspending the operation of the I\4emo C aled 1211112022 and endorsement dated 1 /1 1/2022 issued by the 3rd Respondent. :erndirrg disposal of the writ petition

¶540

Counsel for the Petit oners: SRI S. NIRANJAN REDDY, SENIOR COUNSEL FOR SRI TARUN G. REDDY

¶541

Counsel for Respon< ent No. 1: SRI B. MAYUR REDDY (sc FoR JNTUH)

¶542

Counsel for Responr ent Nos. 2 & 3: Ms. R. N. PADMAJA, GP FOR HIGHER EDU(:A,TION

¶543

Cattneal far Pacnnn, anf Nn tr' Spl lUl lnnl I Vl IAV

¶544

Counsel for Responr ent Nos. 5 & 6: Ms. C. VANI REDDY

¶545

WP NO: 36572 OF 2CZ2

¶546

Between:

¶547

Kommuri Prate : Reddy Educational Society, Flat No. t;0 1, Siai Datta Arcade,

¶548

-^{Himayathnagar Hyderabad. Rep. by its Chairman [Vlr.Konrniuri Pratap Reddy.} 2. Kommuri Prati p Reddy lnstitute of Technology, Edulu b:id './illage, Ghahpur, Ghatkesar It4a dal, R.R. District. Rep. by its Chainnarr l,4r. Kommuri Pratap Reddy.

¶549

¶550

Kommuri Pratap Reddy, S/o Late K. Narayan Reddy, Aged 61 years R/o Plot No. 314/A, MLA Colony, Road No. 12, Banlara Hills, Hyderabad.

¶551

AND

¶552

Jawaharlal Nehru Technological University, Hyderabad, Represented by its Registrar.

¶553

Commissioner of Technical Education, Department of Technical Education, State of Telangana, 2nd Floor, Vidya Bhawan, Nampally, Hyderabad.

¶554

State of Telangana, Rep by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad

¶555

All lndia Council for Technical Education, lndira Gandhi Sport Complex, l.P. Estate, New Delhi.Rep by its Secretary.

¶556

Telangana State Council for Higher Education, 1st Floor, JNTU Masab Tank Campus, Mahaveer Marg, Opp. Mahaveer Hospital, l,4asab Tank, Hyderabad. Represented by its Secretary.

¶557

The Convenor, TSEAII/CET 2022-23, Saniket Bhavan, IVlasab Tank, HIgBrfSg$r,

¶558

Petition under Arl.icle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction more particularly one in the nature of Writ of [t/andamus.

¶559

a)Declaring the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations (With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake, as being arbitrary, ultra vires, illegal and u nconstitutional, apart from being in violation of the law laid down by the Honble Supreme Court and set aside the same,

¶560

b)Declare the action of Respondents No. 1, 2 and 3 in not permitting the Petitioner lnstitution from running its courses of B.Tech CSE^(Artificial lntelligence and Machine Learning), B.Tech CSE^(Data Science) with the additional increased intake as approved by the AICTE and mandating a requirement of^permission from the State Government for the same as being arbitrary, illegal and^u nconstitutional and set aside the same,

¶561

c)Consequently, direct the Respondents herein to treat the Petitioner lnstitution as a validly affiliated and approved lnstitution for the Academic Year 2022-23, for all the Courses of the 2nd Petitioner Institution including the additional increased intake in the courses of B.Tech CSE (Data Science) - 60 seats and B. Tech CSE (AIML) - 60 seats as sanctioned and approved by the AICTE for the academicyear 2022-23 and

¶562

,i0

¶563

lA NO: 1 OF 2022

¶564

Petition under I ection 151 CPC praying that rn the circurn-.tances stated in the affidavit filed in suppr rt of the petition, the High Court nray be 1.leased to direct the Respondents to notify and make admissions in the 2nd Phase c,f cc unselling for the Academic Year 2022 23 to the full intake capacity for all tht: lor rses of the 2nd Petitioner lnstitution ir:luding the additional increased intake in the c,rurses of B.Tech CSE (Data Science) - 30 seats and B. Tech CSE (AIML) - 60 serals as sanctioned and approved by the AIC- E for the academic year 2022-23, pendirl; d!:iposa! of the writ petition

¶565

lA NO: 2 OF 2022

¶566

Petition under ,e:tion 151 CPC pre;ring that in thr.cir"culrltarces stated in the affidavit filed in su pprc 1of the petition, the High Court may be lrlr:ased to suspend the operation of the Re lulations^{No. 3.4, 5.5,} 5.6 and^ti 1 o' he^{i NTl...t} Affiliation Procedure anci Reg riatlons (Witlr effect from 2a2O-21';, t>^l.hr: extent of the requirement of perm ;sron from the State Government for offe'ing new courses or increase in intake is sued by the Respondent University penriing disposal of the present Writ Petition

¶567

lA NO: 3 OF 2022

¶568

Petition under iection 151 CPC praying that in thr: circurr stances stated in the attidavit fiieci in supp rrt of the petitiorr, the High Couii ma'1; br; i:leased tc per"mit the Petitioners to notify a rd make admissions to the full intak.e capa(;ity 1or all the courses of the rd Petitioner nstitution as sanctioned and approved b'l ll- e AICTE for the academic yeat 2022- l3 without the restriction of the State Govr:rrrme,nt on the basis of financial implications cy suspending the operation of the A/emo⁽ aled 12.11.2022 and endorsement dated 1 1. 1 1 .2022 issued by the 3rd Respondent, p,:)nding disposal of the writ petition

¶569

Counsel for the Peti ioners: SRi S. N|RANJAN REDDY, SENiOFI COUiiSEL FOR SRI TARUN G. REDDY

¶570

Counsel for Respon lent No. 1 SRI B. MAYUR REDDY (sc FoR JNTUH)

¶571

Counsel for Respon lent Nos. 2 & 3: Ms. R. N. PADMAJA, GP FOR HIGHER EDU(]I.TI()N

¶572

Counsel foi'Respon^jent No. 4: SRI MUDDU^/IJAY

¶573

Counsel for Respon Jent Nos. 5 & 6: Ms. C. VANI REDDY

.11

WP NO: 36626 OF 2022

Between:

Vignana Jyothi, Having office at Xavier Bhavan, Plot No. 7, Road No. 16, West Maredpally, Sec-bad -500026. Rep. by its Joint Secretary lt4r. J. Seshagiri Rao.

¶578

VNR Vignana Jyothi lnstitute of Engineering and Technology, Vignana Jyothi Nagar, Nizampet, Hyderabad - 500090 Rep. by its Authorized Signatory Mr. J. Seshagiri Rao

¶579

Mr. J. Seshagiri Rao, S/o J.S. Krishna l.4urthy, Aged 69 years, R/o Jubilee Hills, Hyderabad.

¶580

...PETITIONERS

¶581

AND

¶582

Jawaharlal Nehru Technological University, Hyderabad, Represented by its Registrar.

¶583

Commissioner of Technical Education, Department of Technical Education, State of Telangana, 2nd Floor, Vidya Bhawan, Nampally, Hyderabad.

¶584

State of Telangana, Rep by its Principal Secretary, Higher Education Department, Secretariat Buildings, Hyderabad

¶585

All lndia Council for Technical Education, lndira Gandhi Sport Complex, l.P. Estate, New Delhi.Rep by its Secretary.

¶586

t Telangana State Council for Higher Education, lst Floor,JNTU tVlasab Tank Campus, Mahaveer Marg, Opp. Mahaveer Hospital, lVasab Tank, Hyderabad. Represented by its Secretary.

¶587

6 The Convenor, TSEAMCET 2022-23, Saniket Bhavan, It/asab ,r".1,_?UBAr;t38$i.

¶588

¶589

a) Declaring the Regulations No. 3.4, 5.5, 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations^(With effect from 2020-21), to the extent of the requirement of permission from the State Government for offering new courses or increase in intake, as being arbitrary, ultra vires, illegal and unconstitutional, apart from being in violation of the law laid down by the Honble Supreme Court and set aside the same

¶590

b) Declare the action of Respondents No. 1, 2 and 3 in not permitting the Petitioner lnstitution from running its courses of B Tech CSE (Data Science) with the additional increased intake as approved by the AICTE and mandating a requirement of permission from the State Government for the same as being arbitrary, illegal and unconstitutional and set aside the same

¶591

¶592

the course of B Tec CSE (Data Science) -60 seats as sanctiored and approved by the AICTE for the ac demic year 2022-23

¶593

lA NO: 1 OF 2022

¶594

Petition under Section 151 CPC praying that in the circun-rstances stated in the affidavit f iled in supl ort of the petition, the High Court may b e pleased to direct the Respondents to noti y and make admissions in the 2nd Phase of c,ounselling for the Academic Year 202 l-23 to the full intake capacity for all the Cc urses of the 2nd Petitioner lnstitution n<;luding the additional increased intake n the course of B Tech CSE (Data Science -60 seats as sanctioned and approved L'y tre AICTE for the duducl I rr(,'lVdt z-VLz' 23, pending disposal of the writ petition

¶595

lA tt/. a n E onla

¶596

Petition under Section 151 CPC praying that in the circurrstances stated in the affidavit filed in supp )rt of the petition, the High Court may be pl:ased to suspend the operation of the R rgulations No. 3.4, 5.5, 5.6 and 6.1 <>f the JNTU Affiliation Procedure and Re rurations^(With effect 'from 2020-21). k rlre extent of the requirement of pern ission from the State Government for cfferinl; new courses or increase in rnlake ;sued by the Respondent University p':ndinr; disposal of the present Writ Petition

¶597

lA NO: 3 OF 2.022

¶598

r)^ri,:^^ ,.^?.t^, C ^^ri^^ 1tr1 aD^ ^r.r,ih.l thct;n I v' v y'urir iv tl.6.i.^ rr,r<l2n.oc ctAtad in tho affidavit filed in supr ort of the petition, the High Court may be cleased to^permit the Petitioners to notify i nd make admissions to the full intake capar;it'/ for all the courses of the 2nd Petitione^' lnstitution as sanctioned and approved ily the AICTE for the academic year 2022 2:lwithout the restriction of the State Goverrment on the basis of financial implications by suspending the operation of the Memr da,.ed 12.11.2022 and endorsement dated 4.11.2022 issued by the 3rd Respondent,^p,lnding disposal of the writ petition

¶599

Counsel for the Peti :ioners: SRI S. NIRANJAN REDDY, SENI'Cff C(IUNSEL FOR SRI TARUN G. REDDY

¶600

Counsel for Respor lent No. 1: SRI B. MAYUR REDDY (sc FoR JNTUH)

¶601

Counsel for Respor lent Nos. 2 & 3: Ms. R. N. PADMAJA,

¶602

GP FOR HIGHER EDUl,rrTlON

¶603

,+i

¶604

Counsel for Respondent No.4: SRI MUDDU VIJAY

¶605

Counsel for Respondent Nos. 5 & 6: Ms. C. VANI REDDY

¶606

WP NO: 38085 OF 2022

¶607

Between:

¶608

SCIENT Educational Society, 3-2-848 / 9-1 1, Kachiguda, Hyderabad. Rep by its Secretary Mr. K.Chandra Shekhar Reddy

¶609

SCIENT lnstitute of Technology, lbrahimpatnam Village and Mandal Rangareddy District. Rep by its Correspondent [t4r. K.Chandra Shekhar Reddy

¶610

Ir/ r. K.Chandra Shekhar Reddy, S/o K.Raghava Reddy aged about 66 years, Occ.Educationist,3-2-84819-ll,Kachiguda,Hyderabad.

¶611

...pETt,oNERS

¶612

AND

¶613

The State of Telangana, Rep by its Principal Secretary Higher Education Department, Secretariat Buildings, Hyderabad.

¶614

The Jawaharlal Nehru Technological University (JNTU), Kukatpally, Hyderabad. Represented by its Registrar.

¶615

The Commissioner and Director of Technical Education Department of Technical Education, 2nd Floor, Vidyabhavan, Nampaily, Hyderabad.

¶616

. 4. All lndia Council for Technical Education lndira Gandhi Sport Complex, l.P. Estate New Delhi rep by its Secretary

¶617

Telangana State Council for Higher Education, Represented by its Secretary, l/ahaveer Marg, Opp. Mahaveer Hospital lVlasab Tank, Hyderabad.

¶618

The Convenor, (TS-EAMCET -Admissions) 2022-23 Sanketika Bhavan, Masab Tank' HYderabad

¶619

...RESP.NDENTS

¶620

Petition under Article 226 ol lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue a Writ, Order or Direction, more^particularly oneⁱⁿ the^nature of a Writ of Ma nd amus

¶621

i) Declaring the Regulations 3.4, 5.5, 5.6 and 6.1 of the JNTUH Affiliation procedure and Regulations 2020-21 to the extent of obtaining permission from the State Government for considering^grant of affiliation in respect of Additional Course as being illegal, ultravires and unco nstitutio^na I apart from being violative of the Iaw declared by the Hon'ble Supreme Court and set aside the same,

¶622

ii) Declare the action of the respondents 1 and 6 in not including the B.Tech, Computer Science and Engineering^(Artificial lntelligence and Machine Learning)-60 seats in the Counselling^process as approved by the AICTE on the^ground of obtaining permission from the State Government as illegal, arbitrary and u nco nstitutional,

¶623

.t.l

¶624

iii) Conseque ntly direct the respondents to grant affiliation for B.Tech, Computer Science : nd Engineering (Artificial lntelligence anrj lVlachine Learning)-60 seats without insistir g upon the Permission from the State Gf,/ernment as approved by the AICTE for the A.Y 2022-23 and,

¶625

lA NO: 1 OF 2022

¶626

Petition under Section 151 CPC praying that in the circums'.ernces stated in the affidavit f iled in sup rort of the petition, the High Court may be 5rl=ased to suspend the operation of tht Regulation Nos.3.4, 5.5., 5.6 and 6.1 oj tr: JNTU Affiliation Procedure and Reg rlations, in so far as insisting of obtainilg permission from the Jtdtc )uvcllllIrstrr r )r Additional Course for considering grairt of .rffiliation, pending disposal of the abov : writ petition

¶627

lA NO: 2 OF 2022

¶628

Petition unde Section 151 CPC praying that in the circurrstzrnces stated in the affidavit filed in sup rort of the petition, the High Court may be^p e ased to direct the respondents to no1 fy the B.Tech, Computer Science anc l:ngineering^(Artificial lntelligence and [t4a ;hine Learning) 60 seats in the ongoing Crrunselling^process as approved by the A CTE in its approval for the acaoemic^yenr 2O22-23,^pending disposal of the abo\ : writ^petition

¶629

Counsei for the Pet tioner: SRi P. PANDU RANGA REDDY

¶630

Counse! for Respoi dent fJos. 1 & 3: Ms. R. N. PADII4AJA.

¶631

GP FOR HIGHER EDUC,Al'I,f N

¶632

Counsel for Respor dent No. 2: SRI B. MAYUR REDDY

¶633

(sc FoR JNrUH)

¶634

Counsel for Respor dent No.4: SRI MUDDU VIJAY

¶635

r.^,.^-^r {^r D^-h^, .t^h1 r\t^c ( .P- A. nrc a /aNl atrnnv

¶636

WP NO: 38091 OF 2 122

¶637

Between:

¶638

GP Educati( nal Society, Sy.No, 64, 75 Vinobhan,agar, lbrahimpatnam, Rangareddy I istrict. Rep by its Secretary Mr. Pradeep Kr-rn.rar

¶639

Siddhartha In titute of Engineering and Technology, Sy.tJc 64,65, Vinobhanagar, lbrahimpatnar r, Rangareddy District. Rep by its Correspc rdent Mr. Pradeep Kumar

¶640

lt/r. Pradeep Kumar, S/o Babu Rao aged about 45 years Occ. Educationist, Sy.No.64, 65. Vinobhanagar, lbrahimpatnam, Rangareddy l)i:;trict. ...pETtTtoNERs

¶641

¶642

AND

¶643

1 The State of Telangana, Rep by its Principal Secretary Higher Education Department, Secretariat Buildings, Hyderabad.

¶644

2 The Jawaharlal Nehru Technological University (JNTU), Kukatpatly, Hyderabad. Represented by its Registrar.

¶645

3 The Commissioner and Director of Technical Education, Department of Technical Education, 2nd Floor, Vidyabhavan, Nampally, Hyderabad.

¶646

4 All lndia Council for Technical Education, lndira Gandhi Sport Complex, l.P. Estate New Delhi rep by its Secretary Telangana State Council for Higher Education, Represented by its Secretary, Mahaveer Marg, Opp- Mahaveer Hospital lVlasab Tank, Hyderabad.

¶647

b The Convenor (TS-EAIMCET -Admissions) 2022-23, Sanketika Bhavan, I,4asab Tank' HYderabad'

¶648

...RES'.NDENTS

¶649

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more^particularly one in the nature of a Writ of lVlanda m us

¶650

i) Declaring the Regulations 3.4, 5.5, 5.6 and 6.1 of the JNTUH Affiliation procedure and Regulations 2020-21 to the extent of obtaining permission from the State Government for considering grant of affiliation in respect of Additional lntake of Seats/New Course as being illegal, ultravires and unconstitutional apart from being violative of the law declared by the Hon'ble Supreme Court and set aside the same l

¶651

ii) Declare the action of the respondents 1 and 6 in not including the Additional lntake of Seats/New Courses B.Tech, Computer Science and Engineering (Artificial lntelligence and Machine Learning)-60 seats in the Counselling process as approved by the AICTE on the ground of obtaining^permission from the State Government as illegal, arbitrary and unco nstitutional

¶652

iii) Consequently direct the respondents to grant affiliation for Additional lntake of Seats/New Courses B.Tech, Computer Science and Engineering (Artificial lntelligence and Machine Learning)-60 seats without insisting upon the Permission from the State Government as approved by the AICTE for the A.Y. 2022-23

¶653

lA NO: 1 OF 2022

¶654

Petition under Section^'1 51 CPC^praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to notify the Additional Intake of Seats in B.Tech, Computer Science and Engineering (Artificial lntelligence and [Vlachine Learning)-60 seats in the ongoing Counselling process as approved by the AICTE in its approval for the academic year 2022-23, pending disposal of the above writ petition

¶655

.16

¶656

IA NO: 2 OF 2022

¶657

Petition under 5 er;tion 151 CPC praying that in the circurnstances stated in the affidavit filed in suppr rt of the petition, the High Court Inay b,: :lt:ased to suspend the operation of the tegulation Nos.3.4, 5.5., 5.6 and 6.1 of^lhe: JNTU Affiliation Procedure and Regul rtions, in so far as insisting of obtaining :rerrnission from the State Government for Additional lntake of Seats for considerin!^grant of affiliation, pending disposal of tl^ : ;:bove writ petition

¶658

Counsel for the Petiti rner: SRI P. PANDU RANGA REDDY

¶659

Counsel for Respond )nt Nos. 1 & 3: Ms. R. N. PADMAJA, GP FOR HIGHER EDUCA*IC)I{

¶660

Counsel for Respond )nt No. 2: SRI B. MAYUR REDDY (SC FOR JNTUH)

¶661

Counsel for Respond:nt No. 4: SRI MUDDU VIJAY

¶662

Counsel for Responc:nt Nos. 5 & 6: Ms. C. VANI REDDY

¶663

WP NO: 39092 OF 20 2

¶664

Between:

¶665

Swamy Vivekar arda Educational Trust, H . No.17- 1-3BB^/ I:y {l{), Lakshmi Nagar Colony. Saidab, d, Hyderabad. Rep b1l its Chairman N.Gouth anr Rao

¶666

Vignana Bhara'ri lnstitute of Technology, Aushapur Villa3e,^(iratkesar lvlandal, Rangareddy Dis tri,:t. Rep. by its Chairman N.Goutham Rac

¶667

ii.Gt-ruiiral.t R;, . Sio Prabhakai' Rao, Aged about 60^year:;,r)cc. Busincss, l-l.llo. 17-1-388/P/69, -akshmi Nagar Colony, Saidabad, H',/deraba,l.

¶668

,..PETITIONERS

¶669

AND

¶670

The State of Te angana, Rep by its Principal Secretary, Higrh::r !ducation Department, Se ;rt:tariat Buiidings, Hyderabad.

¶671

The Jawaharlal \ehru Technological University (JNTU), Kt"rk;,rtpally, Hyderabad. Represented by its Registrar.

¶672

The Comnrissic rer and Director of Technical Education, D()p 3rlnrent of Technical Ed ucation 2nd :loor. Vidyabhavan. Namoalllr, Hvderabad.

¶673

AII lndia Counc for Technical Education, lndira Gandhi Spor Ccmplex, l.P. Estate, New De hi Rep by its Secretary

¶674

Telangana Stat r Oouncil for Higher Education, Represent€cl oy i.s Secretary, Mahaveer Marg Opp. Mahaveer Hospital, Masab Ternk, H1<Jr:rert,ad.

¶675

The Convenor⁽ IS-EAMCET -Admisslons) 2022-23, Sanke,til a Bhavan, Masab Tank, Hyderab: c

¶676

The Convenor⁽ f S-PG C ET-Ad missions) 2022-23, Osmania t.,niversity, Hyderabad.

¶677

...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the

¶678

circumstances state,l n the affidavit filed therewith, the High Cout ray be pleased to

¶679

¶680

issue a Writ, Order or Direction, more particularly one in the nature of a Writ of It4andamus

¶681

i) Declaring the Regulations 3.4, 5.5, 5.6 and 6.1 of the JNTUH Affiliation procedure and Regulations 2020-21 to the extent of obtaininq permission from the State Government for considering grant of affiliation in respect of Additionat lntake of Seats/New Course as being illegal, ultravires and u nconstitutional apart from being violative of the law declared by the Honourable Supreme Court and set aside the same,

¶682

ii) Declare the action of the respondents 7 and 6 in not including the Additional lntake of Seats/New Courses B.Tech, Computer Science and Engineering (Cyber Security)-60 seats and l/.Tech (Structural Engineering) -18 seats in the Counselling process as approved by the AICTE on the ground of obtaining permission from the State Government as illegal, arbitrary and u nco nstitutional,

¶683

iii) Consequently direct the respondents to grant affiliation for Additional lntake of Seats/ New Courses B.Tech, Computer Science and Engineering (Cyber Security ) -60 seats and M.Tech (Structural Engineering )-18 seats without insisting upon the Permission from the State Government as approved by the AICTE for lhe A.Y - 202223 and,

¶684

IA NO: 1 OF 2022

¶685

Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to suspend the operation of the Regulation Nos.3.4, 5.5., 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations, in so far as insisting of obtaining^permission from the State Government for Additional lntake of Seats for considering^grant of affiliation, pending disposal of the above writ petition and pass

¶686

lA NO: 2 OF 2022

¶687

Petition under Section 15'1 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to direct the respondents to notify the Additional lntake of Seats in B.Tech, Computer Science and Engineering (Cyber Security)-60 seats and M.Tech^(Structural Engineering ) 18 seats in the ongoing Counselling process as approved by the AICTE in its approval for the academic year 2022-23,^pending disposal of the above writ^petition

¶688

Counsel for the Petitioner: SRI P. PANDU RANGA REDDY

¶689

¶690

Counsel for Respon, ent Nos.¹ & 3: Ms.^{R. N. PADMAJA,} GP FOR HIGHER EDUOITTICN

¶691

Counsel for Respon, ent No. 2: SRI B. MAYUR REDDY

¶692

(sc FoR JNTUH)

¶693

Counse! for Responr errt No. 4: SRI MUDDU VIJAY

¶694

Counsel for Respon, errt Nos. 5 & 6: Ms. C. VANI REDDY

¶695

wp Nn. 1q'\n7 atr )f ),

¶696

Between:

¶697

Vidya Jyothi E( Lrr;ational Society, JR Towers, 5th F oor. .Ftc,ed l',1o.2, Banjarahills, HydeTabad Re ; try- rts Sr.Administrative Officer R.Venkata Clhz,l,:m

¶698

Yidya Jlrothi Rangareddy DiLr ;tirute tr ct Rep by of Technology, Himayathnagar its Sr.Administratjve Offlcer, "/illirg R.'v'enkata^{:, lt4oinabad} Chalam^lvlandal, 3. IVr. R.Venkat: tlhalam, S/o R.Bhaskar Rao Aged ab:ut 47 years, Occ. Sr.Ad m inistrati' e Officer, C/o VJIT, Himayathnagar Villz q::, ltloinabad lt/andal, Rangareddy Di tr ct

¶699

...PET'r'NERS

¶700

AND

¶701

The State of Te angana, Rep by its Principal Secretary Highc r li,Jucation Department Se ;redariat Buildings, Hyderabad

¶702

The Jawaharla Nehru Technological University, (JNTU), Kukatrally, Hyderabad, representec by ts Registrar.

¶703

The Commissir re,r and Director of Technical Education, D-.par:rnent of Technical Education.2nd :loor, Vidyabhavan, Nampally, Hyderabad

¶704

All lndia Counc fr>r Technical Education, lndira Gandhi Sport^(krmplex, l.P. Estate New De ii rep by its Secretary

¶705

R Telangana Stal : Council for Higher Ed ucation, Representerd by its Secretary, Itlaha'reer lt4a r( t')nn I/rharraor l-l^c^it.l ilvvt/l\uill,utlgvuv l\ttacah Tqnlr Llr,r't, raharl

¶706

The Convenor, TS-EAN/CET -Admissions) 2022-23 Sankr:tika E,havan, Masab Tank, Hyderab,

¶707

..RESPONDENTS

¶708

Petition under Article 226 of the Constitution of lndia pr;rying that in the

¶709

circumstances stated in the affidavit filed therewith, the High Court rlay be pleased to issue a Writ, Order rr Direction, more particularly one in tf,e nalure of a Writ of Mandam us

¶710

i. Declaring th: Regulations 3.4, 5.5, 5.6 and 6.1 of tire .JNTUH Affiliation procedure and Regu ations 2020-21 to the extent of obtaining perrission from the State Government for considering grant of affiliation in respect o,'A,crditional lntake of seats as being illegal ultravires and unconstitutional apart frorr be rg violative of the law declared by the H )nble Supreme Court and set aside the sanre.

¶711

ii. Declare the rction of the respondents 1 and 6 in not including the B.Tech, Computer Science a rd Engineering (Data Science)- 60 seats in the Counselling

¶712

¶713

process as approved by the AICTE on the ground of obtaining permission from the State Government as illegal, arbitrary and unconstitutional.

¶714

iii. Consequently direct the respondents to grant affiliation for B.Tech, Computer Science and Engineering (Data Science)-60 seats without insisting upon the Permission from the State Government as approved by the AICTE for the A.Y. 2022zc

¶715

lA NO: 1 OF 2022

¶716

Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Regulation Nos.3.4, 5.5., 5.6 and 6.1 of the JNTU Affiliation Procedure and Regulations, in so far as insisting of obtaining permission from the State Government for Additional lntake of seats for considering grant of affiliation, pending disposal of the above writ petition

¶717

lA NO: 2 OF 2022

¶718

Petition under Section^'l 51 CPC^prayino that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to direct the respondents to notify the B.Tech, Computer Science and Engineering (Data Science)60 seats in the ongoing Counselling^process as approved by the AICTE in its approval for the academic year 2022-23, pending disposal of the above writ petition

¶719

Counsel for the Petitioner: SRI P. PANDU RANGA REDDY

¶720

Counsel for Respondent Nos.¹ & 3: Ms.^{R. N.} PADMAJA,

¶721

GP FOR HIGHER EDUCATION

¶722

Counsel for Respondent No. 2: SRI B. MAYUR REDDY

¶723

(SC FOR JNTUH)

¶724

Counsel for Respondent No. 4: SRI MUDDU VIJAY

¶725

Counsel for Respondent Nos. 5 & 6: Ms. C. VANI REDDY

¶726

The Court made the following: COMMON ORDER

¶727

¶728

THE HON'BLE THE CHIBF JUSTICE U.IJAL I}[IUI',\N AND IUl^{HqN ElE} I4BTIUETICE^{e.v.llE4.sr(4l8} Bli)pDy

¶729

WITIT P )TITION Nos.36237 36239 3631:l 363 5:1,36380, 363 83 3 t404 36427 36442 36449 36 +92:16473. 364 a7 3 1491 36496 365 34 36572 366,16 38C :38091, 39092 and 39307 OF 202.2

¶730

CQIAI4QN^{( TRDER:} lPer t/re Hon'ble tlLe Chief Justice iljjai Elllu,Ln)

¶731

This order will dispose of the above tar ch of writ pctltions

¶732

Hea d Mr. S.Niranjan Recldy, learnr:d Senior Counsel r'presenting Tarun Ci,Reddy, learnerl :roi,rnsel for thc pctitir n,rrs; Mr. B.Mayur Reddy, learncd cou esel for responder t No. l, Jawaharlal Nehru Tec,hlological Uni,('rsit-\ N{s. R. N.Padmaja, learned G tvernment Pleader )r Higher Education, State of Terlangana representi rg respondent Nos.2 and 3; IVIs. C.Vrrni Reddy, learncd cr;nsel for respondent Nos.5 and 6

¶733

All hr: writ petitions comprising thir; ba1.ch are directed a lainst the State of Telangana in nct pe rmitting the pt:titi< :rers to open B.Tech courses in nr:r,. e rnerging subjects ir-rch as artificial intelligence, l>1, rcl< chain

¶734

)

¶735

technolory, robotics, data sciences, cyber security etc., on the ground that intake of more students in the new colrrses mz.y have an adverse impact otl government finances; additionally petitioners have also questioned the uires of Regulation Nos.3.4, 5.5, 5.6 and 6.1 of the J au,ah arla,l Nel-rru Technological University Alfiliation Procedure and Regulations (with effect from 2O2O-2I).

¶736

In the hearing, u,rit petition No.36237 of 2022 was argued as the lead case, which position is also maintained in the prcse nt^judgment.

¶737

Cherabuddi Educationai Society and two others have filed the relatecl writ petition i.e., W.P.No.36237 ol 2022 praying for the following reliefs:

¶738

a) Declaring the Regulations No.3.4, 5.5, 5.6 and 6. I of the JNTU Af{iliation Procedure and Regulations (With effect from 2O2O-271, to t}.e extent of the requirement of permission from the State Government for offering new courses or increase in intake, as being arbitrary, ultra vires, illegal and unconstitutional, apart from being in violation of the law laid down by the Honble Supreme Court and set aside the same;

¶739

¶740

b) Declarc the action ofrespondents No 1, ,l ancl 3 in not permitting the Petitioncr Ilrstit,rtjcn from running its courses of B.Tech CSi iData Sciences), B.Tech CSE (Cyb,:r Sect ritl), R.Tech CSE (AIML) and B.Tech Inforn:atjon Tc'chnolory with the additiona.t inor:,: as,ed intakc as approved by the AICTI and mandating a requirement of permissicn frotn the State Gcvernment for the srlrnc ar; lreing ar-bitrary, illegal and unconstitut ion al rrr d r;r:l aside the same;

¶741

cl Consequcnlly, dircct the respordertts h rrcin tL\ treat the Petitir-.ner Institution as a r..,Lli<ll), alllliatecl and approved Institution 1or the At:ademic Ycar 2022 23, for all the Oourses of the 2nd Petitioner Institution ir.rclrrclir6l the additional increased intake in the cours,)s^(,f B.Tech CStr (Data Sciences) -. t>0 s:a:s;, B.Tech CSE (Cybcr Security) - 60 s :a --.., B.Tech CSE (AIML) - 6O seats ancl B.'le,:h Information Technolog, - 6O seats as sanctioned and approved by the AICTI:) Ibr the Academic Year 20122-23 and:'

¶742

d) pass any other order or orders as this Clourt may deem fit and proper in th,circumstances of the case.

¶743

¶744

qLrestione( the uires of Regnlation Nos..l.4, ii.6 and

¶745

6.1 of the Jawaharlal Nehru Technological University Affiliation Procedure and Regulations (\ dth effect from 2O2O-2O21) (briefly, 'the Regulations' hereinafter) to the extent it mandates Jawaharlal Nehru Technological University (JNTU) to obtain permission from the State Government of Telangana lor offering new courses of study or in increasing seat intake in existing courses. Petitioners further seek a directior-r to the respondents to allou. the second pctitioner rvith increased ir-rtakc in r-reu, courses i.e., B.'lecl'r CSE (Data Sciences) 60 seats, B.Tech CSE (Cyber Security 60 seats), B.Tech CSE (AIML - 60 scats) and B.Tech Information Technolog, - 60 seats.

¶746

7 . Second petitioner is an educational institution imparting technical education in engineering and technical courses. It is maintair-red by the first petitioner which is a registered society formed to provide educational facilities in the State of Telalrgana. Second petitioner (referred to hereinalter also as 'the petitioner institution') 1S granted annual approval by All India

¶747

()

¶748

Corurcii lr r Tcchnical Education (AICTE) and h as rcceived reqrrisite rliiliation from JNTU.

¶749

B. lt is s ,ated that petitioner institution h3 r, t r comply i,,.ith ihe: :rluirements mar-rclated by the AI1 Irrrlie Council for Ttchn ::rtl Education Act, 1987 (briefly, 'tht: A1(lTE Act' hert:irraitt ") r.r,hich is a centrai legislatiorr.

¶750

In t re -,ear 2019, in order to keep ptrc: v,ith the crrerriing 1 r-ends in engineering, AICTE :: Io rg u,itl-r NationaL lnstitute of Tcchnical Teachr-.r-s^'l'r'aining Reseirrcl cl,:ciclecl to encollrage inclus;ion ':1 t'rnergir.tg subjc,:ts ir thc curriculum, such as, artificial ir te lligence, blocl< ch: n technologv, robotics, data scie n,:es. c5,ber secur it1.. \ rlual reality etc

¶751

'l O 'T'la., r ..-'rt fr^m tha anar{pmin rrear- CODr)- )'l ATr-TE' has piace< ar moratorium on the starting of ne u,^(:ourses rvhich ar in traditional areas of engine:t,'ring and techr-rolopX frrr a period of t\lro years in order 1.r, 1ay more emphasis )1-r rlew and emerging courses of t:rLgineering. Thus, for tlre academic years 2O2O-2I and './r)21-22

¶752

¶753

increase in intake ancl starting of ne,,v courses was only permitted in courses in new and emerging fields of engln e c11ng.

¶754

1 1. However, for the academic year 2022-23, the said moratorium has been lifted and AICTE has permitted starting of nern, courses and increase of intake in all the courses i.e., conventional courses as well as new and emerging courscs of crrgineering. As a result, institutions impartir-rg tecl'rnical education in engineering and technical courses havc been pcrmitted to increase their intake of studcr-rts in all the courses offered including the conventionai courses.

¶755

In the above sitttation, petitioner institution sought to increase the intake of students in the courses offered by the petitioner institution covering model and emerging courses as we 11 as traditional courses. Pertinently, petitioner institution has not sought for increase in the intake of students in respect of courses in existence for the past eight academic years. In view of the recommendations of the AICTE and an increasing

¶756

¶757

demand I rr sr:ats in the courses offerecj bv tir,' Ix)titioner institutic>r , beir-rg a premier institution ol the S,a.c, it was decicled rr increase the number of sezlts ln varlous courses, r.imely, B.Tech CSE (Data Scien:t's), B.Tech CStr (Cr. I::r' Security), B.Tech CStr (AtML) ancl B.Tech Informatir n Technoiogy. The said intake r.r,as s()urht to be olf set 1;r' re'duction of 120 seats due to closu^'e ,)l other COUl'SE S

¶758

L 3. In t rc r,r'rit affidavit, petitioners have li trtr:sheci a staternerlt indicating increase in intake i-r various courses 1rr the academic year 2022-23 rvl icl- is as

¶759

ur-ide r:

¶760

|:il.
No|(l,rrrse
'|lnrake
lbr
A.Y2021,22
|Increase ir
Seatintal((
for
r.Y
2022--13las
I^perAItlTti)||l'otirlIn
forthe
2022-23
perAICT
|takc
A.Y.
las
E)| |---|---|---|---|---|---| ||Il.l'ch CSt!

I
|300
|120seats
|120

|I| |2_|St:crrit
B.'lchCSE(C_vbcr

I|60|60s.cats|t20|I| ||U.'lchCSE
I)aa .fcietlces
|120
|60scat:
|180|| |4
|B.'l'chCSE
(Aflncial
Int(ligence
Ma(hine Learni

I|120|60seats|180|| |rt|B,T
lnIc
Tt'c
ch
'matlon
::i,l.
T|120
l|60scats|lB0|-.1|

¶761

¶762

It is stated tlrat petitioner institution has also decided to reduce the number of seats in B.Tech (Computer Science and Information Technolog,) in the

¶763

lollovt,ing manner:

¶764

sl. No.	Course	SeatsinA.Y 202t-22	Reductior. Seats A.Y. 2022 (as Arcl'E)	rin for 23 per	TotalSeats inA.Y.2022- 23(asper AICTD)
I I	B.TectrCornputer Sciencc and lrrformation Technoloq-v	120	120scat	s	o

¶765

Thus, according to the petitioncrs, petitioner institution is only seeking an additional intake in the courses offered by it within thc limits specified by AICTE and or-1 account o[ closure / reduction ol seats in one course. Petitioners applied to AICTE for approval to such increase in intake for tl-re academic year 2022-23. AICTtr granted approvai on 03.O7 .2022 to the petitioner institution for the academic year 2022-23 for all the courses applied for by the petitioner institution with the intake as sought for.

¶766

Petitioner institution had also applied to JNTU for grant of No Objection Certificate (NOC) for increase in

¶767

¶768

intal:c in t ire five coLlrses as mentioned al,r,,r,t: for the acadt'mic Sear 2022 23 sir-rce petitioner i:r:,tinttion is affiliatecl o JNTU. As there was no respol"Lsrc. pt'titioner institrrtior again applied to JNTU. Later- on it transpired tl-rat ,lN'l'l l-rad u,ritten a letter to the litatc L o\ f l'nment foru'irrdin 1 the proposal of petitioner insr it ution and othe ls for i:rcrease in intake / introduction of n.:u :ourses and soLlt l) t for issltance of NOC lrom thc State Gover-r-rm( rt. Since then, JNTU is insisting .rpon NOC i'rorn thc lltate Gove rnment for increasc il intake/ startr ng ol naj., courses

¶769

17 . .Accr <ling to thc petitioners, the realsc n fol JNTU insistrng < r NOC from the State Government ::, tr,rceable to tl:t' r:e< urremenr. under Regulation lrlcs:.3.4, qq <aand 6 1 rr1 tlre Reorr'!qtions The afor-esalr! rerrrl atir-.ns are as unrier:

¶770

3.4. The College/ Institute shall follo',r, ttrr no t'l: s for intake and number of courses at UC Level and P(i Level as approved by the Universit,/, th e lntal e rn no case shall exceed those sanctior(:(r t) AIC'I J for- Courses like B.Tech, M.Tech, MBA t,{CA etc., and Pirarrnacy Courses Iike IJ.Phzrrnrrc'r,

¶771

¶772

M.Pharmacy, Pharma-D, Pharma-D (PB) etc., for that academic ycar, The Univcrsity mav consider anv varizrtion in intakc aftcr obtaining approval from AICTE/PCI/State Government/other statutory bodies.^prior to admissions for the current academic vear.

¶773

5.5. The existing Colleee / lnstitute after obtaininq approval /awaitinq approval from AICTtr. has to obtain the requisite permission from thc State GovernmeryL. [,ater, thc College/ Institute can apply for affiliation to the University on or before thc cut-of[ clate prsscribed by the University through cnlinc application for the academic year :rnnually. No application for grant ol alfiliation rvill be consiclered after the cut-off date- However. thc Grant of Afhliatior.r by thc Ur.rir.ersity is subiected to approval lrom AICTE/PCI/SIaIe Govemment as the casc mav be.

¶774

5.6. The permission for establishing Colleges and starting of new prograurs in the existing Collcgcs shall be considered by the University as per thc priority/policy of the State Government if any. Hencc. the Collese / Institute shall obtain^prior permission from thc State Government to start a new Program / College.

¶775

1. The applications for issue of NOC for Increase in Intake/Closure of Course or College/ Institution/ Change of Name/Change of Sitc/tocation or any other matter where University NOC is required shall be accompanied by the resolution from Society/ Management. Further. for startinq a neu, Course/Increase in intake/Closure of

¶776

(lo L r-se or College/lnstitute/Chang ,-' pl _ Sikl I-i)( ition of the existinrl College / I n:jtitu te . plll)f p!! r1rssioD from the St€rte Go\ornnxr)l s m1 rdq19111

¶777

Fror r the above, it is seen that irs per RolJulation 5.6. trer-rr issron for establisl'ring collegcs aurl starting of ne{, })rogr arnlnes in existing colleges slrall b,: ror sidered br' .lNl'U as per policy of the St;rte^{(lr,vr:r-nment} Thercfort' the college / in sl itution sh:rll cl) a,1r plior pcrr-r-rissio r from tl're State^(iovcrnment to st 1rt a new pr-()p,ramrr r / c:ollege

¶778

18.1. Regt latior-r 6.1 says that for startirrl of ner course/jr1 rcase in intake etc., prior permissior liom the State Govr rtlnlel-rt is mandatory

¶779

Cor-rt:nding that AICTE Act being rr central legislatior-r occupies the field relating tc, startirrg of new courses^()r lllcrease in intake of students, the r,:gulations woulci htr. e tr> be in tune with the AICTFI lrct. If the resulatiol-r are contrary to the AICTFI Act^,rs in the present ca;e, the same rvould be repugnant. ir: fzrr:t, this is one o the principal grounds of asrrzrilir.g the

¶780

¶781

Regulations. In support ol this ground, reliance has been placed on a decision of this Court dated 19.08.2019 in W.P.No.16274 of 2Ol9 (Aurora trducational Society v. Osmania University), rvhich says that once the procedure contemplated under tl-re AICTtr Act and the regulations made thereunder are complied with, there is no scope for any further objection or approval by the State Government; policy ol the State Government cannot be contrary to tl-re approval granted by AICTE. That apart, relying on a decision of the Supreme Court in Jaya Gokul Educational Trust v. Cornmissioner & Secretary to Governmentr, it is cor-rtended that there can be no statutory requircment for obtaining approval of the State Government having rcgard to the fact that AICTE Act occupies the field.

¶782

It is in the above backdrop, that the u,rit petitions came to be fi1ed.

¶783

'^{(zooo) s scc z: t}

¶784

I+

¶785

Resl ondent No.1 ..lNTU has lilecl :r1r irlfidavit lhror-rg1-r f r. M.Manzoor Hussain, Regist:'ar. At h: outset, it is state' that out of the present l:atclr of v-r-rt petitions petitioner in seven writ petitions harl r:arlier :hr llenged the vcry s .rne set ol regulations of JNTU in W.t'.Nc,.258 15 of 2021 :r: d batch. In the said batch of rnn-it pctil i:ns, an interirn or ler ra,as passed on 05.10.2021 b-' a I)ivision Benclr of his Court suspending the Rr:gltiati'rns. JNTU filed Civil Appcal No.6932 of 2O2l befrre t:rt li rpreme CoLlrt .rss Liling the interin-r order datecl 05. l().2(,2 i. By order d:rt, d 18.1 1.2021 , Supreme ColLrt sr 1 as de the interi:n c,r le r dated 05.10.202 1. The aL,or,e rle:ir;ion has been r-eite a:er1 it-t Jawaharlal Nehru Technologitr:rl University v. Crescent Educational Society2. The in-r1;r gned r :gi- lations rvere also hallenged earlier by similarlv :rffilrz l, d r:olleges of JN'IU I kc that of the petitioners. I l-l v.R.fi.Ildu:ational Society v. Jawaharlal Nehru Technological Unive::sir:1,:, this Court hzrr upheld the same set of regula ti,rn s . It is averrcd tl-r rt the same learned counsel zrppea ri^,rp, for the

¶786

'202t^{sr C oul ne SCI105} '2018^{s( C orl ne lJld473}

¶787

¶788

present batch of pctitioners lr,,as also the learned coun sel for the petitioncrs ir-r V.R.K.Educational Society (slrpra).

¶789

21.1. On the abovc basis, it is contended tl'rat tl-re present batch of rvrit petitions is the third round of litigation challenging the same set of regulations.

¶790

2 1 .2. Disputing thc contention of the petitioners that the State Government is not permitting the petitioncrs to run B.Tech courses in nes' cmcrging subjects, ansu'ering respondcnt 1-ras stated that State Government and JNTU during the academic ],ear 2O2O-21 had allowed introduction of courses in emerging subjects uzith about 20,000 seats in the affiliated al-ld autonomous institutions of JNTU.

¶791

21.3. Respondent No.1 has stated that once JNTU decides to introduce a new course or decides to increase the intake in existing courses, it will obtain approval irom the State Government and thereafter come up with a circular informing all the affiliated colleges about the introduction of new course or increase irr intake. Only

¶792

i t-r

¶793

tl-rercafter obtaining permission or NOC lrorrr tiLc Starte Governm, nt rvould arise r.r,hich in any cast: tt orrlrl have to be obtain:ci by the respective affiliated colle_?t:s f^-om the Statt: Gr vcrnment before applying to - N TLJ . State Governm, nt is empor.l,ered under Se'ction 2[t of the Telargan; Dducatior-r Act, 1982 to grant perr nission fcr r estal>lishi rg any eclucational institution a,s^r,r e I zr:; to run ne\ colrr e in the existing institutior-rs .rr to ir cn ase the intakc in :xisting courses. Therefore, existing i rst itutions can start r('\/ courses or increase additioni:l s,:at; in t-l-re exist r ng ( )ilrses onl-v after obtaining NO(l br thc State Gorrelnmr nr u,hich dcpends upon varl()us, irc tor s, sucl-r as, ecluca ior-rerl requirements in the localitl as .vr'll as the finar-rr:ia1 inrplications on the governrnent cinr: to fce reimburs< rnent to various categories of student;.

¶794

21.4 . In p rragraph 6 of the counter affidavit, r'e-qf 'ondent No.1 has r ilen a break up of the propos(-'d incr,:'ari,r in the intakc of students in the respective colk:g;s of the petit.ioner. In all, petitioner instituti,rn s l1 3 seeking additiorral sr:ats oi 2670 apart from 200() ltlur; r;e ,rts from

¶795

¶796

other colleges afliliated to JNTU. According to respondent No. l, it u,iil have grave financial implications to the extent of Rs.13,90,37,000.00 per academic year; for all the four years put together the expenditure would be to the tune ol Rs.55,61,48,000.00.

¶797

21.5. In so far role of AICTE is concerned, it is stated that AICTE is required to grant approval for running an educational institr-ttion. Whercafter, AICTE grants alinual extension of such approval based on tlre self-disclosure of the concerned institution. Even for starling new course or increase in intake, AICTtr, grants approval on selfdisclosure by the concerned institution without any inspection or verifying the positior-r relating to faculty, infrastructure and laboratories. Adverting to clause 2.14 and Appendix 17.6 of the AICTtr Hand Book, it is stated that an institution seeking approval of AICTE shall also produce NOC from the a-ffiliating University. Therefore, approval granted by AICTE without the NOC of JNTU would have no bearing.

¶798

¶799

21.(r. In s r lar JNTU is concerned, it is r:rrl orvered to grant aflll alion but only after inspecting th: institution and verill rng the faculty, infrastructurc and l;,Lb rratories ever)'yea ; no af{iliation is granted on sel1 d is,llo:;urc. In the circu nstances, respondent No.1 has clerrled lor dism issal of the r^,,rit petitions

¶800

Res ,onclent No.3 i.e., State of^{'le1:rnuz:t'tri} in t1're Highc'r E, ucation Department has fileci corrr.t!'r- i.fiid:rvit. ln rts al-f :1avrt, respondent No.3 has statr;cl^,hzrr. /\lC'f E l-racl grar Lcd approval to the petitioner in-s,itrrtion Ibr lr-IC11'ase n intake/starting of neu, co,rrscs. Wl erealter JNTU vi le letter dated 17.O8.2O22 lnad ,;or:ght for clarilicati rr, from the State Governmeni as to \'hethe l- to pern-rit tl r-' petitiorrer institution to incrcasc i-r i rtake of stucienis :rr to ailor.ri intr-odiictioi-r of nci\r LJirr:l<rr I laduate (UCi) cou ses from tire academic year^'2022 12 3 c nr.r,ards, further r tating that upon dlrection of Cc vcr:rment of Telangan r in Higher Education (TE) t)epartrrrent, JNTU would be in a position to issue affiiiation fo:- the academic

¶801

¶802

year 2022-23 with rcgard to increase in intake as u,ell as introduction of neu, UG courses.

¶803

22.7. Therealter, Commissioner of Technical Education, Government of Telangana had submitted proposal oll 22.08.2022 to the Government to issue NOC for increase of intake/starting of ne\. courses in petitioner institutior-r.

¶804

22.2. State Government has referred to the judgment of the Supreme Court in A.P.J.Abdul Kalam Technological University v. Jai Bharat College of Management and Engineering Technologya and has submitted therefrom that in the said decision Supreme Court has upheld the importance of thc role pla_ved by the State Government as well as by the affiliating University, noting that it would be open to the State Government to even prescribe standards high than those recognized try AICTE. Thereafter reference has been made to the decision of the Supreme Court in Jawaharlal Nehru Technological University

¶805

v. Sangam Laxmi Bai Vidyapeets highlighting the provision of Section 20 of the Telangana Education Act, 1982. In

¶806

o lzoztl z scc sat

¶807

5 (zotg) n scc tzg

¶808

¶809

te rnrs of^{i ,ectlon} 2o(2(dl of^t,he aforesard ,{i:^per rission for openi lg new courses is reqr-rired fron t ttrr: State Governmr Lr1 . It is a policy decision r,[ the State Covernmr '-rt lor granting permission for ir ct e ase in intake of students or for starting new cor-rrs( s in each ar:erdemir: .,ear in the professional college s o1-th,' Slterte.

¶810

22.3. Ho,,r :r,er, in the affidavit, Slate Gove'nme nt has indicatei tilat the second phase oi ccur-,:'.eli:ng [cr' ilrl:r-rissioi' irrto UG coLlrses in engineerirg c'oL)r,gt':; ol the State rr,ars sc heduled lrom 1 I .1O.2022. ln thrs^(r')nr recLion, pr-oposal er:eived from the Commissioner rir Technical Educatior': for increase in intake/ introducti<-,r^,,f r es' UG oourses fr' ,nr the academic vear 2O22 23, in tlre p:titioncr institutior is under examination of the govcrn:ne nt. lt is conter-rdecl that^permission from the State^(lo.,e rnrnent in respect of ncrease in intake or starting of nr:ri :ot,r'ses is mandaton as it involves financiai implication c,..vin 3 to fee reimburse nr:nt of the State Government. Bzrsr:d on the lncrease ri iirtake or starting of nerv couises, eJ Vel'nment n,ould ha^'e to make necessary provision in budget

¶811

¶812

fee allocation, otherwise students eligible for reimbursement covered by tl-rc increased intakc or nelr, courses would be excluded from such benefit. In thc circumstanccs, respondent No.3 seeks dismissal ol the writ petitions.

¶813

In the hearing held on 2I .lO .2022, petitior-rers prayed for granting interim relief by allou,ing pctitioner coliegcs affiliated to JNTU to take p:rrt ir-r the thirci pl-rase of counselling for admission into UG courses irr rcspect of higher intake instead of the present intake for emerging/new subjects. Taking the vieu, that grant of such interim relief ll,ould virtuall-1, amount to grantir-rg final relief, the samt: u,as declined. ilou,evcr, having regard to the mandate of Section 2O(2)(d) of the Telangala Education Act, 1982, this Court directed State of Telangana in the Higher Education and Techr-rica1 Education Department to consider the request of the petitioner for enhancing the intake in respect of emerging/new subjects and for issuance of NOC and thereafter to take a proper decision in the matter after

¶814

¶815

givirrg an ol)portunity of hearing to the re pnr s,:n t atives of the pelit rner colleges. The decision was dir.:c r:d to be taker-r lvi h in seven days. Relevant portion ,r^' t lre order datecl 21 1O.2022 reads as follows:

¶816

Ile that as it may, interim rclicf sorrS,r-r I ;r l,-r, tlrt pltitioncrs i.c., allorving lhe pctition,:i- ,trlcilL.s alf i:rtecl to JNTU to tal(e part in the tlrir c 1 lrtis.r. ' r , lling f, ':- urld.rgri,,lUatC , ,1\trsCS ilr t": i) , I .r lris rc intal{c illstcacl r>f thc preser iri'Lt l<,, ror crr rr inq./ncur srrltjccLs woukl anrorrnL 1o q- r tlit ! lirc l-r rirL rclief, bt'sidcs, it n.ral' k::rcl t.) r rrf( r, sca'Ll ('r r it ltl enccs.

¶817

li,:rcforc. )raving regard to the rrrrrrrlrc .l' s, i rr,rr 20(2)(cl) ol rhe Tclnngana Ec,,icir ir rr A: . l!,1 l. \r1r direct respondcnts No.2 ancl ,', i.r ., I rr tc i,i 'l'i 1 r:tarra in lhc Highcr Edr-rcation a:C 'l: : rit:1 Ilrlr .'; lic,n Deparlment to considcr th<, rr r1u:s s r,f 1h- )(.i il,oncis for enl-ralicing thc iiltake iir r'( s lr ( i⁽ f L'r)r( g, ng/ltc\r sulrjects and for issuanct o' {C)(l :rrr, rl ,'r,-rft,.r l^ I^Lr. nrurinr'^nrirl,, rl, , i< , n , r r rn:r ci after hearing the representa' i.c s rf tlr: peti ioners colleges within seven days fr,;m tor tr, .

¶818

On h,-? next date of hearing i.e.. on C),,1.,1.2022, Ms. ['adn aja, learned Government Plt:ader^-or Higher Education lllaced before us a copy of nre rr,r dated 02".11 .2O2 ) ol the Higher Education Depart;nt::rt and sLrbmjtted that proposal for sanction o[ r1ev,/aclrlitional

¶819

¶820

courses and increasc in intake in the Private Unaided Engineering Colleges of the State inrrolving financial implication on the State Government tou,ards reimbursement of tuition fee etc., was under circulation to the competer-rt authority for taking a dccision. While granting time to the State to take the required decision, this Court clarified that admission undcr Category B Management Quota seats for r,i,l-rich 05.11 .2022 u,as thc last date for the academic year 202?,-23 u,oLrid bc subject to orders of this Court.

¶821

On 14. I1.2022, Ms. Padrnaja, lcar-ned^(iovclnrnenL Pleader for Higher Education placed before us a memo dated 12.11.2022 issued by the Secretary to the Government of Teiangana, Higher Education (Technical trducation) Department, as per which, the proposal for introduction of new courses and increase in intake in Private Unaided Professional Colleges for the academic year 2022-23 (with financial impiication) has been rejected in the light ol policy decision taker-r by the State Government not to accord NOC for introduction of new

¶822

1.1

¶823

colirses i nd increase in intake. Thert'after rhe matter u'as hearr c)n 24 .1 1 .2022 .

¶824

Mr. S. Niranjan Reddy, learned Senior^(lounsel lor the petiti rners submits that it is not thar there is a blanl<et n liLszrl on the part of the State to zic( o:-d I{OC for increasc i r intake oi students or for stalting rrt/ :ourses covc'r'ing^, rnerging subjects. In respect o1- t rt e:ncrging suir-yr'cts vi-rere tirere is no iinanciai implicirtio r, litate oi Telirngan: has granted permission for bot r bu t such pernissio rs ai-e being u,ithheld u,here it invol'.,e s 'inancial implicatio i. in so far financial implication is^, ron::e rned, hc slLbn'rrr ; that such financial implication is on a-r;count of fr:r: rei rlrttrselnent scheme adopted blr t h,: S tate of Telangana as a ,\rclfare measure for studenls ;r:longing to good reasi r-r for refusing permission since i1 Ls not at all germane t^, <:onsider lor granting permission.

¶825

26.7 . Lear red Senior Counsel has referred tr, :r rlecision of tlre Sl rreme Court in Collector (District lila;1:.strate ),

¶826

¶827

Allahabad v. Raja Ram Jaiswal6 and submits tltcrcfrom that where power is conferred to achieve a purpose, it has repeatedly been reiterated that such pow,er must be exercised reasonably and in good laith to cllectuate the purpose. Power of the Statc Government unde r Section 2O of the Telangana Education Act, 1982 (briefly, 'the Education Act' hereir-rafter) is to ensure establishment of educational institutions keeping in mind thc nceds of the society and also in tune '"r,ith the changing times. He submits that traditional engineering subjects arc paving way for emerging subjects. State must be alivc to the aspirations of the student community. Exercise of pou,er, thercforc, must be for legitimate reasons. It cannot be influenced by irrelevant or non-germane considerations. He further submits that in a case of increase ir-r student intake capacity or setting up a new course covering emerging subjects, interest of the student community has to be borne in mind and therefore, the challenge in the Court has to be decided expeditiously.

¶828

o (rsas): scc r

¶829

l(r

¶830

2(t.'2.Tur ring his attention to the role played 1:y,JNTU, he sLlllnrits h.:.t the role pla)'ed by JNTL' is l,elpLr:xing. It al)pe ilrs ti. al JNTU is more eager thal r th,: State Governm, r-rl in ensuring that increase in intakr: or-setting up o1'r're(:oul-ses in the educational inslittrt or-rs of the petitioner ; rloes not lructify.

¶831

On h,: other har-rd, learned Covernmt:nt P1:acler for I lighcr Iii uc;rtion submits that in exercise^, if th,: po'lve r cr.rnfr'rred r-rnrler Section 20(2)(d) of the lid.r,:ra:,ion Act, St:rtc of^'el:rngana has considered the rr:r1i-Lest of the petitioner r ,:onsidering all lacts and thereaftcr has taken a <;onsci rLrs decision on 12.11.2022 rtjt,cti:rg the pr-oposal or increase in intake and introrlr-rr:tion of neu. col-ri'-ees i r Pli',.,ate I-lnaided Professional Oo11:ges (rr.,ith finarrr-ial i rr r-rlicationl fnr the academir- vear' 2O.)2, )3 Sh,e subrnits hat it is a policy decision of the State Govr-'rnmr rt rvhich may not be interft:red arith lty the Court.

¶832

2a. On he other hand, Mr. B-Mayur- Re cldy, learned coullsel fr r .JNTU submits that on a conjoint reacling of

¶833

':7

¶834

Regulations 5.5, 5.6 and 6.1 of the Regulations, it is evident that prior permission of the State Government lor starting new courses or for increase in intake of students is mandatory. In the absence thereol no order can be passed, interim or final, to aliow increase in intake or starting ne\/ courses. He furtl-rer submits that carlier also similar u,rit petitions were filcd assailing thc rcgulations of JNTU which were dismissed bl, this Court in V.R.K. Educational Society (supra).^'1'hough this Cor-rrt hnd passed an interim order in another batch of u,rit petitions liled b1, identical colleges aliow,ing students to be admitted to the ne\/ courses by enhancing intake capacity, the same \vas set asidc by thc Supremc Court. Therefore, filir-rg of the present batch of writ pe titions is nothing but an abuse of the process of the court. Leaned counsel has placed reliance on the foilowing decisions:

¶835

( 1) JNTU v. Sangam Laxmi Bai vidyapeet (supra);

¶836

(2) V.R.K.Educational Society v. Jawaharlal Nehru

¶837

Technological University (supra) ;

¶838

(3) A.P.J,Abdul Kalam Technological University v. Jai

¶839

Bharath College of Managernent and Engineering

¶840

¶841

Tr rhnology (supra); and

¶842

(4) . lwaharlal Nehru Technological Univers:1.r, v.

¶843

C escent Educational Society (sup;-a).

¶844

Mr. N4uddu Vijay, learned counsel rcplt:senting AICTtr, hr u,ever, supports the case of the petiiioners. On Lhe olher hand, Ms. C.Vani Recldy, Iear:rcci counsei rcprcsent ng respondent Nos.5 and 6 subrrLit s that the sirici i esi.r, rrdents are only formal parties.

¶845

Sub nrssions made bv lezrrned cour st:1 for the partics l-ri r,e received the due consideration o- ther^(lourt.

¶846

3 1 . At t re outset, we mal advert to the Re ql rlations. In exercise r I the powers conferred by Section 29 of the Jar.r,a harl I Nehru Technological University H1'<lerabad A^f ,nO t' rc-aA rr/ifh Si-n{inn 47 fhcr,.^f and in supersess on of the previous reguiarions, the JNTU Regulatio: .s (already referred to as 'the :lt: gu ations') regarding grant of affiiiation to colieges / ins;l,jtut:s with ellect fron the academic^year 2O2O-21 have be:n iramed We htrve iready extracted Regulations 3.4, r. >, l>.6 and

¶847

2r)

¶848

5.1 urhich have been impugned in tlte pre sent proceedings.

¶849

31.1. Regulation 3.4 mandates the college/ institute affiliated to JNTU to follow the norms for intake and number of courses at UG ievel and post graduate (PG) level as approved by JNTU. However, the intake in no casc shall cxceed those sanctior-rcd by AICTE for courses like B.Tech, M.Tecl-r etc. JNTU may consider any variation in intake after obtaining approval from AICTE or the State Government prior to aclmissions for lhe currer-rt academic year

¶850

3 i.2. As per Regulation 5.5, the existing college/ institute after obtaining approval/ awaiting approval from AICTE has to obtain the requisite permission from the State Government. Later, the college / institute can app11r fel affiliation to the JNTU on or before the cut-off date prescribed by JNTU through online application for the no concerned academic year annually. However, application for grar-rting affiliation will be considered after the cut-off date. In any case, grant of affiliation by JNTU

¶851

-10

¶852

is subjer.:r to :Lpproval from AICTE/State Gov,:r 1r1ent etc., as the ca e rnav be

¶853

31.3. Orr :hc other hand, Regulation 5.6 m.rrrdates that the l;crm ss,ion for e stablishing neu, colleges a rcL starting of new r r.rrgrammes in the existing coilcllc'; srhail be considere I bv JNTU as per the priority/poiicl rf t re State (lovei-nnt, nt. Therefore, the college / inst itul-e s,l-rzLll obtain prlor pcr rrrssion fron-r the State Covernment t() start a ncr prollr :rrnrne/ college.

¶854

31.2i. Lil<r ,r:se Regulation 6. 1 mandates that rapprlications lor rssuc' rl NOC for increase in intake etc., \ i-rt r e JNTU NOC is :'r :1Lrired, shall be accompanied bv tlre rr:r;olution from tl'rc :;()ciety/management of the inslitr.r[:'. I.urlher, for startir g a new course/increase in intakc e1.()., prior permissio r rrom the State Government is malrclatcry.

¶855

A c, nrmon thread running through tht: irnpugned regulatior s is that either for starting a ne\.^('() -lrse or for increase i r intake of students, prior permiss orr L'om the State Go, r:r'nr.rrent is mandatory keeping i r nrind the

¶856

.ll

¶857

priority/policy of the State Government. Hor.vever, as per the Approvai Process Handbook 2022-23 of AICTE, more particularly clause 17.3 thereol NOC from the concemed State Government would not be necessary for existing institution to start new progratrrmes

¶858

In v.R.K.Educational Society (supra), some of the regulations notified by JNTU for the academic year 20771B came up for challerrge before a Division Bench of this Court. The reason for such challenge was that some of the colleges represer-rted by the petitioners /ere put up b1, JNTU under no adrnission categoly; in respect of others JNTU granted affiliation for an intake lesser than the intake permitted by AICTE; and in respect of two colleges JNTU rejected affiliation on the ground that the policy considerations of the State Government did not permit creation of new courses or new colleges in respect of certain disciplines. Amongst the regulations which were impugned in the said batch of writ petitions was Regulation 3.4 which we have discussed above. One of the grounds of challenge was that the regulations framed

¶859

¶860

bv Jh-TL rre repugnant to the regulations ol A, C'lD which finds 1rl Lce in tl-re Approval Process Hrrrdbook. A Divisio r Bench o[ this Court noted ttral .'\l(]TE was gr;rnted s atutory sanction under the AIC'I I A:t nhich I cventh can be t^'aced to Entry 66 of List I of tfre Sclreclulc rf the Conslitutior-r. On the c,ther ltrrnc, JNTU Acl ancl t1 e Regulations framed by JNTII can Le :r'aced to Errtn 25 rl List Iil. This Cotrrt observecl th:rt r.'henever a contentior ,rf repugnancy betrveen a c entr: I legislation aird :r str t€ (]naclment is raised, prr'nrarl rlr,rt'y of the Coliri shc, ,rld be to see u,hether both the legisl ltions can slri-r,ii e ' rtirout destruction ol the othel . f.iter an elirboralr' arralysis, this Court u,as unable' to see any rcpugnan( v ltetween the tu,o. There u,as r ro rjxpress stipulalior ir-r the AICTE Regulations or in t r( l\ rproval Process H indl;ook on the issue. Thereft>re, t rr: fk:ld was left unocc rpied. So long as the field is unoc;r pie d by a central lep slation, there is no bar in the said zr,.v t,r make a^prescrip ic,n, education coming unde:- the^(:oncurrent list. This )or-rrt held that Regulations^,rf AItl'l'E do not declare tht m as having the final word. L,eq, is u,ei[ settled

¶861

¶862

that wl-rile the University cannot dilutc the standards as prescribed by AICTtr, Universities are always free to prescribe higher standards. Therefore, challenge to Regulation 3.4 u,as rcpelled.

¶863

33.1. This position has been reiterated by the Supreme Court ir-r Jai Bharath College of Management and Engineering Technology (supra). It has been held tl'rat the lau, is n or,r, r,vell settled that while it is not open to tl-re Ur-rivcrsities to dilute norms and standards prescribed b.y AICTE, it is alurays opcn to the Universities to prescribe er-rhanced nornls Power of the Universities to prescribe enhanced norms and standards cannot be doubted. Even the State Government can prescribe higher standards than those prescribed b], AICTtr.

¶864

Before we deal with the other impugned Regulations of JNTU, re may advert to Section 20 of the Telangana Education Act, 1982. Sectior-r 20 of the aforesaid Act reads as under:

¶865

2O. Permission for establishment of educational institutions.- (1)'lhecompetent

¶866

¶867

a -r r'rr'1r slrall, lrom {im( to time, con(lu( l a ,<.Llr'l' iiJ i(, i(:ctrtih, thc educirtional nccds ,rf tl,: ltcalltr' r.1n ( its jLLrisdiction, and notify ir-r tlrc 1,rt s, rib,:tl rrL: rr cr through thc local newsparpers cirl[ir-g Irr :il lir:rtions from thc c(lrrcational agencics r r:r.irorrs ,,r , .lr'islring cdu( aliur).rl inslilulions.

¶868

) Irr plrrsuance of llle notillcatio i Lrnd,rl srl l scr ir n (l), alry educational agenc,y irrclrLrlirLl lccal .rrl r, r'ilv or registerecl lrody of pers(,11s inr,:rrdirLg t.

¶869

.rl r':;tirblish an irlstitLltion impar tinq crlirr:r ion

¶870

' ,,1)r'n lriphcr .l,rsses irr ;rrt^'r s^rJt , n irtr rr tirrg 1;r ir-:tan, eclrrt lrlion;

¶871

, l .l)grilde anv suclr inslitlrtion in,,r :t h rh sr i^,ol: ,l'

¶872

,ll )pcn ne\, coursL's (ccrtilicalc. d 1;iort t. clcl i, , post.glacluatc <1r'grec courscs, r 1( ), irir na l(e an allpiic:rtj()n, rvilhin s',rr:ir l.,c'r-i,,d rrL sir( l ir)ilrlner and to srtch authorit\ ir; r ttr1. l,t nol ii( (l l()r the si'ant of pi'rmission ther<:fo-

¶873

l) An-!, educatior.ral agency :rl)l)l1,jr.!t lor' pt'r rr ssion under sub-scr:tion (2) shall-

¶874

rr I)(fore the permission is granterl, s,:rti;f,' tl.e

¶875

(i) lhat there is necd for providinll e([u(:(,or]iJ lacilities to the people in the locality;

¶876

(ii) that there is adequate hnancial pr:rision Ior continued and eflicient maint( na]rc(^()f the illstitution as prescribed by thc conrllrrtrrt I r-r t hority;

¶877

(,ii) that the institution is pro'roscrl t:r be x,r1r'd in sanitary ancl healthy slrrr,)Lln(lilril^j;

¶878

¶879

(b) cnclose to the application-

¶880

(i) title deeds relating to thc site for building, playground ald gardcn proposcd to be provided; (ii) plans approved by the local authority concerned which shall conform to ttre rules prescribed therefor; and

¶881

(iii) documcnts evidencing availability of the finances needcd for constructing the proposed buildings; and

¶882

¶883

(i) appoint teaching staff qualified according to the rules madc by tl)e Government in this behall; (ii) satisfy the othcr requirements laid down by this Act and the rules and ordcrs made thercunder failing which it shall be ccmpetcnt for the said authority to cancel thc permission.

¶884

(4) On and from the commencement of the Andhra Pradesh Education (Amendmcnt) Act, 1987, no educational institution sha.ll be establishcd except in accordance with the provisions of this Act and any person who contravenes thc provisions of this section or who after the permission granted to him under this section having been cancelled continues to run such institution shall be punished with simple imprisonment which sha.ll not be less than six months but which may extend to three years ard with frne which shall not be less than three thousand rupees but which may extend to frfty thousand rupees:

¶885

Provided further that the court convicting a person under this section shall also order the

¶886

¶887

t l< u C ol lhc ir.rstitution u,ith resp.-ct to v l ir lt :ir,: oll D|c^,s conrnrittcd.

¶888

1. Scc ir-n 20 of the Telangana Educati,rr: r:t deais u ith pc n-Lission lor establishment of , 'd ucational instituti,r rs. While sub-section (1) m: nCa-tes the compet('r ar.rthority to conduct survey fror-n time to time so as t() icrerrtifl. tl-re educational needs ol :ht: locality trnder it, jrrrisdir:tion, sub-section 12\ r'r:al,rles any cdrtcatiorr r1 irgenc,v to make ar-r app,licati()rr to such compctcn .rLlthoritl/ to establish an insl itutr<,n ol. to open 11e\, coLlr ie s ctc. St-rb-section (3) on the^()r hel' hand, re'qr-tires frrlfilmer-rt of certain conditiorrs 1rv the eriuc:rtion rl aqency applying for permission r n(ler sr-lb ser:tion 12) n,hereas sub-section (rl) 1;^-ohibits 111 establishr erlt of an)/ educat onal institution except accordan< ' rvith the provisions of the Tr:langana fJducation Act.

¶889

This plovision came up for considr:ration br:lbre the Supr('mc -Ottrt in Sangam Laxmi Bai Yidyaper.t lsupra).

¶890

¶891

Lauding the objcctive behind the aforesaid provisior.r,

¶892

Supreme Court held as follou,s:

¶893

A bare rearling of the aforcsaid provisions of Section 20(l) makes it clear that the survey is conducted so as to identify the educational needs of the locality would definitely include within its ken how many ir-rstitutions are operating in the area and whether there is any further requirement of opening cducational institutions/new courses in existing colleges, and it is also imperative under Section 2O(3)(a)(4 'eLrat educational agency has to satisfy thc authority that thcre is a need for providing educational facilities to thc peoplc in the locality. In case there are alreacly a large number of institutions impar ting education in t.l-rc area thc competcnt authority may be^justificd not to grant the NOC, for permitting an institution to come up in the area.

¶894

The provisions contained in Section 20 are wholesome and intend not only to cater to the educationa,l needs of the area but also prevent the mushroom growth of the institutions/ courses. In case institutions are permitted to run each and every course that may a-ffect the very standard of education and may ultimately result in substandard education. There is already a paucity of well-qualilied teachers in a large number of institulions arrd the available seats in Pharmacy course in Hyderabad City are remaining vacant cvery ycar in spite of the reduction in a number of seats. It had not been possiblc to fi1l up the

¶895

¶896

at va llrblt r.r,rcancics rlirr- to non-a-'ailal)ii I ,, )l stu lc rtsj.^'l'hus, it is apparent thiit \J⁽ 1 3[) irrs tlltions in Hl,rleral;ircl City are ,llr,ra(iv r, r nir:S Pli: r iioy course, the rcfustrl to grant NO(l b, thr Uni 'c sity n as r 4roil-v jrr stified.

¶897

35.1 In he aforesaid decision, Supreme ilcltrt has categorice lh' held tl-rat provisions o1' 1.ht Tr: angana Educatior AcL are not repugnant to the Al(11 tr ,\ct and thcreforr', tl'rere is no room to accept thr: sub l sr;ion that Sccl i^rn l of the Telangana Education r\ct is i roperative Elaboratrr q on this aspect, Supreme Court. h:i.. [rr-'ld that AICTD Ac cloes not la-' dori,r-r any norm as t,) rc,\' man)' colleges sl ,ould be there ir-r a particular citr. T p ar:e. State Gover-nme rt and the University in the erbs,:rrce of any sttch norr rs/rules having been framed l;r' ,.rlCl'lE cat-r alu,ays h Lve their say as per app)icerlrl: statutory prorrisionT rt.,iicy. Section 20 oi the Teianganir Ocirrcatioi'r Act er-rabk s Universities to grant NOC after r:onsidering the local equirement. As no guidelines in t.l ris, regard have lreen ft amed by AICTE, it cannot be saicl to be an exercise r f power against norms fixed l>'., AICTE. Consequer tlr,, no repugnancy arises.

¶898

¶899

36 . Re verting back to the im pugned regulations, \/e have alrcadv noticed that the common thread runnir-rg through the above regulations is the need to obtain NOC from the State Government in the event of increase ir-r seat intake or starting of a new course which is mandatory. We have also noted above, challenge to Re gulation 3.4 has been repelled by this Court in V.R.K.Educaional Society (supra). As 1'reld bl, the Supreme Court in Sangam Laxmi Bai Vidyapeet (supra) the questiol't relating to increase in seat intal<e or setting up of ner'v course s/ neu, colleges is an unoccupied field, unoccupied by an.y central iegislatior-r like the AICTtr Act. in such a situation, it is certainly open to the State Gorrernment to have its say in matters relating to increase in seat intake or setting up of new courses

¶900

We may mentiorr that as per G.O.Rt.No.170 of the Higher Education (TE) Department, Government of Teiangana dated 13.09.2022, which has been placed on record at page 64 of the paper book, Goverument of Teiangana has accorded permission for increase 1n

¶901

¶902

ir-rtalie /in rocluction of nerl, courses etc., iI1 tl e^lJnaided Professior irl Colleges affiliated to J NTLI rrnci other Univcrsiti 's from the academic t,ear 2022-'.;3 u,ithout finanr:ia1 nplications as indicated in Attnexttrr:s l, I and III apper :L:d to thc aforcsaid order. I{ r),'Iev3r, the permissio r qranted has been made sulrject rc, fi,rlfilment of conditi, n s as stipulated lry AICTtr or bv t r r af filiating Universit\ From a perusal of Annexllres tl and I apperrded tc, Ci.O.Rt.No.170, it is seen tlrat in r o:r: of the institrrtior s to u,hiclr permission has bee r accordcd, there is⁽ ,'c ra11 increase in tl-re intal<e. Wh;it h: s beetl donc in rl ose institutions is that increirse ir. rnta:ke has been eitllr provided lor or ner,v coLlrse:i lLa,,: been inLrotlucer rvith corresporrdirrg redllctiulr in tir,, intake uf students ir cristing courses. In other '"r,'ords. -he intake which r.t,as l here in 2O2l-22 has been nraintrrirred in the academic f ear 2022-23. Tl-rerefore, from tL t: at,ove, it appears tl ar there is no additional fineincizrl l rur,:len on the State rr:sing out of increase in intal<e ol^(,pilning of new crours's. On the other hand, respondent llo in its countor zrl idavit has pointecl out that in r<-.sr1t,:ct of the

¶903

-ll

¶904

ir-rstitutions belor-rging to the petitioners tl'rerc is net increase of students in the academic year 2022-23. For example, in CVR College of Engineering i.e., u,rit petition No.3623'7 ol 2022 in respect ol six courses, tl-r c previous total intakc for academic year 2021 22 was B4O; proposed intal<e lor the academic year 2022-23 is 1080. Tlrere is, thus, net increase of 24O seats. Sirnilar is the case ir-r respect of all the u,rit pelitions. Or-r this basis, it is conlcnded t}'rat institutions represent<--d br- the petitioncrs are seeking additional intal<e (seats) ctf 2670 apart from existing intake, which u,ill havc serious financial implications. For one academic year, the financial in'rplicalion for thc additional intake v,,orks out to Rs. 13,90,37,O00.OO and if for all the four the acerdemic yeal's are taken into consideration, the financial implication would be Rs.55,61,48,000.00.

¶905

Without commenting on the figures submitted by respondent No.l as to the financial implications, re c€rn safely say that additional ir-rtake of seats rvould certainly have a financial bear-ing on the State exchequer.

¶906

.ll

¶907

Therelore thr: vies,s of the State Govct'nnt, t rt L,ccotnes relevant. \s illreacly noted above, in tlrc c,)t rse of the hearing, Government of Telangana in 1lre Higher Bducatior (TE) Department had isstred l.'lr mc, dated 12.1 7 .2O'.2 rejecting the proposal of the Corn trrissioner of Tcchniczrl EClrcation for introduction of neu^{( (,u:iies} and lor incre i sc in intal<e in Private Ur-raidecl I)-o e:ssional Colleges 1 rr- tl-re acaclemic vear 2022-:13^r,r' l lL iirrartcial im plicatio rs poli6-1, decision tal<t'l: 1>), the Gorrernme tt. Snch a decision tal<en bV the^{(l,trrentment} cannot l.rt lar.llt.ed as beins arbitran,^,)r Llr r r-,)zrsonable. Impact or finances oi the State is ccr'-air-rl_\ ir grrmAne consiclelirr Lon fcrr thc State^(iorrernment ro lerkc :r c eclslon ln matter re lzrting to increase in seat irrtake c,r allou.ing new cour: es to be set up. It cannot tre sa ri t,r be an extraneou , or irrelevant or non-germane cons rl:r'ation.

¶908

In ar identical challenge where this Cor- r'r. he ld that action of .INTU in seeking approval of^I hr: State Governme rt before granting affiliation to neu , Ol-l lSeS 1n existing ir-r;titr-rtions already approved by AIC)!'F. i:; illegal,

¶909

.+3

¶910

JNTU had filed SLP belorc the Supreme Court which was allowed by the Supreme Court in Crescent Educational Society (supra). In the aforesaid decision, Supreme Court expressly referred to Reguiations 5.5, 5.6 and 6.1 which have been impugned in the present proceedings, whereafter Supreme Court observed as follows:

¶911

Rcgulation 5.5 exprcssly embodies the rcquirement of tl'rc pcrmission of thc State Governmcnt after an existing collcgc or institLrtion has obtained the a1;proval or, as the case may be, is awaiting the approval of the AICTtr. Later, the in stitution can apply for affiliation by JNTU on or bcfore the cut-off datc. Regulation 5.6 stipulates that the permission for cstablishing colleges and starting of neu' programmes in existing colleges would be considcred by JNTU in accordancc with the priority/policy of thc State Goverrmcnt and, hence, the prior permission of the State Government is required. Likewise, Regr-rlation 6.1 makes it mandatory to obtain the prior permission of the State Government either to sta-r-t a new course or, for that matter, to increase the intake capacity of an existing course.

¶912

The role of the State Government has been reiterated in several decisions of this Court. At the present stage, it is material to cite two of those decisions. Significantiy, as we shall note, the earlier decision in Jaga Gokul Education Trust (supra),

¶913

.ll

¶914

ul,( r rvlLicll rcli:]nce u,as plarce(l lrl. th, ,,ttn^(.,,,, , hu s rl so been c:onsidered in that c-ontex .

¶915

2.ltr Jawaharlql Nehm l'eclrrLclo 7i< o I Uni ersitu Registrdr v. Songom Laxmi Bqi Vid:p.ce,zr . a t^(, .rudge Bench of this Cotrrt co---sirl, r:c L r,' pro is orLs of Scction 20 of the TclangarLa l'}[ r; Ltj,rr Act l( 8:l undcr u,hich pcrmissior.r is n'clttirc l, intr r alta lor operling r1e\r coltrscs. In that conteit lrr l Cou t olrser-vecl:

¶916

'' 1.1. A bare rcadin;,, rrl tl-rc alor.'said r)ro\ r:.i,, l ; I ric.tion 2()(l) makcs il clear tliat the sLr,1'3' I^j rrr rlL ctecl so its to i(lcnlil\ lhe^{('(lLrcatlionill} r.'',1 i '^{, 1.} l ^^l i r., ,. .,,,1.1 ,., r,,-, r^1. i,.,.1, ,.t, ,, 1, .. ,, r, lrorv rnarri, institrttiorrs aie opcratirril ]l lrr r(. I allcl \'ilcther llrcre is an! I lr t 1a "^{rra ni")l} of ,ir)r'rrr| r'r r' , ,. r, ilLltions/nou courrj( rj in csir;tirig coli|i|'r. z tr, r:; rrlso imptrzrtive rrnrlcr sectrolr 20(3 lar)(L) t rr lr .ittional agcncr- hirs lo satrsl-' thc ,illrl )! il iiT therc is it nccd lor proviclir-rg cdu.i lio 1.: crliries t.l the peoJ)lc in lhc l()calitl lr' --i :; ' r('-c' are alrcady a lar11r: numlrcr of ir-r;tilrrti< rr 11 arring ecirtcation in thc arca thc c.rn1r)i tr ni i lt )ofitt/ rnal bc justificcl not to grant thc N(⁽ⁱ I . l)()rmitting an institution to corne lrp rr-r t lr( i eil.

¶917

The provisions contained in section 20 zLIr: ! holesome and intend not only to cater to th(l e lucational needs of the area but als<: prevenr t re mushroom growth of the institutions/ c )urses. In case institutions are permittr,'d to r-rr e Lclr and every course that may affect the v([ s arrdard of education and may ultimatclv rcsr rl1 ir substandard education. There is already a

¶918

,15

¶919

paucity of wcll qualified teacllers in a large number of institutions and thc available seats in Pharmac-, course in the l-Iydcrabad city are remaining vacant every year in spite of the reduction in a number of seats. [t had not been 10 possible to fill up the available vacancies due to non-availability of studcnts.^'lhus, it is apparent that when 30 institutions in Hyderabad city are already running Pharmacy course, the refusal to grant NOC by the University was wholly justihed.

¶920

Apart from the provisions contained in section 20, u,h(:n \r,'e consider Regulations 5-2 and 5.3 u,hich clearly proviclc that a neu'college proposing to offer technical education with the Universit-v affiliation shall first scck a NOC from the Univcrsity before applying to AICTE/ PCI/any othcr statutolv bod1,. Regulation 5.3 provides that the pcrmission for starting of new programmcs in tl.)e existil'lg colleges shall be considered by the Universitl,' as per the priority/ poticy of the State Government if any.

¶921

On the basis of the above analysis, the Court held that it was erroneous for the High Court to hold that it was not permissible for the State Government to fi:ame a policy and that JNTU was bound to issue its NOC.

¶922

39.1. Referring to the decision in Jai Bharath coltege of

¶923

Management and Engineering Technology (supra), Supremc Court heid that the role played b,y the State Government

¶924

I()

¶925

and by t re afliliating University cannot be :rv,:^-looked After tl're advent of AICTtr Regulation-", :rpJ,li;21 ons fo1' exte:nsion oa approval are processed online or 1l-rr' basis of self-disck sure. Therefore, it is all the nrore rrelessary for the Unive^'sities to conduct the process of afill at ior-r u,ith scnrl)ulor s care in order to ensure that th-' interest of stutlc'nts s not irnperiiled. Ol course, in tha.^,:as:, State Governrrr nt had granted NOC and .Il',lTU n,1ir:;rtcd its u.illingr-rcs s to tal<e the process of aflllizrt on l)()s - l'l :)C

¶926

Th,-r ;, on an indepth alralysis of the :Lb< r,:' <lccisions and upor thorougl-r consideration r-r I ail as rr cts of tl-re mattcr, \ -' are of the ur-rhesitant view 1.hzrt cl ra lenge to Reguiatior s 3.4, 5.5, 5.6 and 6.1 of the Flce:Lrlations cannot b : sllstained and the samo is; rrc< ordingly marlf^6 .l;-a.ii rr rn rhe responder ts to permit the petitioner instilur-ions to introduce :he ne.i, courses and to increase ttrt: :reai- intake cannot al o be granted in vievv of rejec,tion ol t re State Governme rt to grant NOC for the sericl l) lrrpose Thercforr:. n o reiief can be granted to t he rr rt ti,) n ers at

¶927

¶928

this stage. Consequently, all the writ petitions are found to be devoid of merit. Those are accordingly dismissed.

¶929

However, there shall be no order as to costs.

¶930

Miscellaneous petitions, pending if any, shall star-rd

¶931

closed.

¶932

Sd/. P. PADMANABHA REDDY ASSISTANT REGIST

¶933

,TRUE COPY//

¶934

SECTIO OFFICER

¶935

One Fair Copy to THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN (For His Lordships' Kind Perusal)

¶936

One Fair Copy to THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY (For His Lordships' Kind Perusal)

¶937

To,

¶938

1 . 11 LR Copies.

¶939

The Under Secretary, Union of lndia lvlinistry of Law, Justice and Company Affairs, New Delhi.

¶940

The Secretary, Telangana Advocates' Association Library, High Court Buildings, Hyderabad.

¶941

One CC to Sri Tarun G. Reddy Advocate IOPUC]

¶942

One CC to Sri B lt/ayur Reddy (SC FOR JNTUH) Advocate IOPUC]

¶943

Two CCs to GP For Higher Education, High Court for the State of Telangana. touTl

¶944

One CC to Sri Muddu Vijay, Advocate(OPUC)

¶945

One CC to Ms. C. Vani Reddy, Advocate(OPUC)

¶946

One CCto Sri P. Pandu Ranga Reddy, Advocate(OPUC)

¶947

10.Two CD Copies

MBC

HIGH COUF T

HCJ & CVBR,J

Dlr-l-E: l) : 161 1212022

¶953

/'-=- =::''
.,,-.,- ..i.. t Si .!
/.. ..1. - . I -.f/J a^ i
l,| j,
(i: ? B [lEl] t0?7
.:

¶954

t.)(-tlVlr\4ON ORDER

¶955

WP No ;.36237,36239, 36318, 3631i::, :i6380, 36383, 3640 4, 36427, 36442, 36449,^.364t; 1, ?i6462, 3647 3, 36487, 36491, 36496, 36534, 365;'ii, Ii6626, 38085, 38091,39092 and 3S1307 OF 2022

¶956

)
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9
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¶957

DISMISSING TI{E VVIRI-T PETITIONS ru,l rHOUT COSTS

Yadala Satyanaryana Memorial Educational Society v. Jawaharlal Nehru Technological University

Case brief

What is this about?

What the court decided

Yadala Satyanaryana Memorial Educational Society v. Jawaharlal Nehru Technological University

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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