Dismissed

M/s. Sheena Agro Farms (P) Ltd. v. All India Council for Technical Education

Telangana HC7 Nov 2024WP/8877/2019

Case brief

AI extract

What is this about?

The High Court dismissed writ petitions challenging AICTE's withdrawal of approval and denial of admission intake. The Court held the AICTE correctly identified non-compliance with regulations regarding clear title and sanctioned building plans, noting that the petitioner admitted lacking valid ownership documents and that inter-party title disputes remained pending adjudication.

What did the court decide?

Writ petitions dismissed with costs of Rs. 50,000 each; operation stayed for two weeks pending appeal.

M/s. Sheena Agro Farms (P) Ltd. Vs All… — Pension and Retirement Benefits | Telangana HC (2024)

¶1

3296 I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE SEVENTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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

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WRIT PETITION NOS.17148 17161 17168 0F 20117 AND 8877 0F 2019

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WP NO: 17148 OF 2017

¶9

Between:

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Sultan-ul Uloom Educational Society, fi4ount Pleasant, 8-2-249 to 262, Road No.3 Banjara Hills, Hyderabad rep by its Secretary Zafar Javeed

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Sultan-ul-Uloom College of Pharmacy^"[,4ount, Pleasant 8-2-249 to 267, Road No.3 Banjara Hills, represented by its Secretary Zafar Javeed

¶12

Zafar Javeed, S/o Late Syed lvlohammed Amjad Ali Khan, aged 59 years, Rio Basheer Bagh' Hyderaba

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..pETrroNERS

¶14

AND

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'1. All lndia Council for Technical Education, Chandralok Building, Janpath New Delhi rep by its Secretary

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State of Telangana, Rep by its Principal Sec.etary Higher Education Department Secretariat Buildings, Hyderabad

¶17

Jawaharlal Nehuru Technological University, Rep by its Registrar Hyderabad 4. Mr. S. V. Nagaraja Reddy R/o. FIat No.3, First Floor, Alcazar Plaza and Towers, Road No.'1, Banjara Hills, Hyderabad - 500034.

¶18

Mr. Shaukat Ali lvlirza Wo.a-2-684/414O, Road No.12, Banjara Hills, Hyderabad^.500034.

¶19

6- lvlr. Himayat Ali lVirza, Wo.B-2-68414140, Road No.'12, Banjara Hills, Hyderabad - 500034.

¶20

lr/s. Amina Marzia, R/o. Flat No.102, Ground Floor, Gagan Vasanth No.7, Bore 8ank, Benson Town, Bangalore - 560055.

¶21

B. lv'ls. Ootiya Kulsum, R/o. Flat NO.A1 , Ground Floor No.1 1 , Merpherson Road, cooks Town, Bangalore - 560005.

¶22

Mr. Akhtar Hussain, 402, Maphar Nest Apartments , 1O-2-2A9, shanti Nagar, lvlasab Tank, Hyderabad - 500028.

¶23

10.1t4/s. sheena Agro Farms^(p) Ltd, having its office at Ravali Skeet, Nellore - 524003, Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶24

11.tv'I.s, Ivlaharshi Publishers^(P) Ltd., having its office at 15-'1599, Ramamurthynagar, Nellore, Rep. by Authorized Signatory, S. V. Nagaraja Reddy

¶25

12.1v1/s. Creative lndustries^(Tirupathi) Private Ltd., having its office at 5-919, Laxmi Narasinh Estate, lll Floor, Secrelariat Road, Hyderabad Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶26

.13. M/s. Sun Real Estate (Madras) (P) Ltd., Having its office at G-3 No.26, Ganesh Apartments, lll Street, VOC Colony, Aminjikarai, Chennai, Rep. by Authorized Signatory, S. V. Nagaraja Redduy

¶27

M/s. Creative^{lndustries, Having its officeat.N.o g' Bazullah Road'T Nagar'} - d;^;ri, R;p. byAuthorized Slgnatorv S V Nagaraja Reddy

¶28

rs ilri.l c[rl".i^{industries (Kuinoo"tl(P) Ltd,having.otfri,ce at 2-2-1109'2 Unit} '" i'[. i, i;il Sao'in, aailAmoeriei,^{Hvderaoad,Rep' bv Authorized} Siqnatorv,^{S. V. NagarajaReddY}

¶29

r o iiE ?irir,i1.oro r"i.J 1i1^{Ltd., havingofficeat ''Sai Sri" 24-2 1870'Plot} " i'.[.s5'0, g;i'iiosi noaa] ientral Aven"ue, Mag-unlq Layout, Nellore - 524oo3' ii"o. W Artnoii.ed^{SignatoryS V NagarajaReddv.} .,

¶30

rz. i,.,17{ Xi""jrv', riuJ"ri [Ci^{LtO. (previouslyknown as M/s.KyvalyaAgro.Farms} .

¶31

' ' i;;irri; Li;lj onice at )sli sri'' za-zlat'o, Pl-ot No^ 330, 3'o cross Road' b.nirar A"ejire,^{frrlagunti Layout,Nellore} -^{524003,Rep by Authorized} Signatory^{S. V. NagarajaReddY}

¶32

t a. Hiy"s. Crebtive^{lndus-trie6 (Viiayawada) (P) Ltd , having office at 5-919, Laxmi} '' i,6;6i;ilE;t"i", rri nooi, Setretarial Road, Hvderabad, Rep. bv Authorized r s. " SignatorY t,a)-s. i.flia.-inn -creltive e"t"ie, S. V. lndus-triei (Ananthapur) (P)^Nagarala tlt Ftooi,^ReddY Secretdriai Road, Hvderabad, Rep' Ltd ! having office at by 5-919, LaxmiAuthorized Sionatorv^{S. V. NagarajaReddY}

¶33

.-"zo iliE.'"rjriiii Aominisiratiire^{Servi6es.(P)-Ltd', having office at 5-919' Laxmi} i.ri,usnri'E"tjte,^{lll Floor, Secretaribt Road, Hyderabad,Rep by Authorized} Sionatory S.^{V. NagaraiaReddY}

¶34

Zr iliE 5io(i. f^{raders" Priirate Limited (formerly nown as_ Mis. Amruti Agro Farms} tP\ I t.!l havino ottice at;sai Sri^{'24'-2-1870" Plot No.330,3'0 (lross Road,} b.jntiri'n""nr6,^{Magunta Layout,Nellore} -^{524003,Rep' by Authorized} Sionatory S. V.^{Nagaraia Reddy}

¶35

zz il)l Go-,iariri^{Asio" rriring Enterprises(P) Lld} '^{having..its officeat G-3} "- No.Zo, Cinuiir Apartment, itl Street, VOC Colony, Aminjkarai, Chennai - boo-oz'o n.p^{by Authorized Signatory S V Nagaraja.Red-dy} . ^. . . . -^

¶36

ZS. -- t/-/s. f.f u* [,"ing f.fo:1, 5tyt6 C'S^{Towers,"Bazullah frousinq Deveiopers'(P) Road,T' Ltd., Nagar' having its office Chennai - 600017' at OldNo.76Rep'} bv Authorized Sionatorv^{S. V. Nagaraja Reddy}

¶37

1. "rvil;. ;il;rnAand Real'Estates DEvelbp^ers (P) Ltd, having its. office at G-3 - f.fo.zo, Ganish Apartment, lll Street, V-oQ C9]ony {mljkarai, Chennai - bbooi's. n"p.^{by Authorized SisnatoryS V NagarajaRq9dy} . . . -

¶38

zs.l/Iiiam lah^{Trist,havingits o?ice DoorNo22-3-660, Single lvlahal'Purani} Haveli, HYderabad.

¶39

(RRs 4 to 25 are impleded as^{per Court Order daled07} '11"2024ⁱⁿ t.A.No.3^otf 20171 ...RESpoNDENrs

¶40

petition under Article 226 of the constitution of lndia^{praying that in the} circumstances stated^{in the affidavit filed therewith, the High courtmay be} pleased to issue an appropriate^{writ, order or directionand moreparticularly, one} in the nature^of Writ^{of Mandamus declaring}

¶41

i)theactionofthelstRespondentinconductingtitledisputeadJudication while^{processingapprovals under the AIGTEAct including by passingits order} daled 29.04.2017^{in F.No.South-centfaul-6059891l2016lEoAtherebywithdrawal} the approval of the^{2"d petitioner lnstitutionorder as arbitrary,illegal,} unconstitutional and^{in violation of principlesof naturaljustice and set aside the} same

¶42

(

¶43

¶44

ii) direct the 1"r Respondent to grant approval for the full sanctioned intake for all the courses of the 2nd Petitioner lnstitution for the academic year 2O1T-18

¶45

l.A NO: 1 OF 2017(WPMP. NO: 20999 OF 20171

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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 treat the 2nd Petitioner lnstitution as a validly approved institution with the full sanctioned intake for all the courses for the academic sear 2017-18 including by suspending the^'1't Respondent's order dated 29.O4.2017 in F. No.South-Central ll-605989112O161EOA,^pending disposal of the above writ petition.

¶47

l.A. NO: 2 OF 2017(WPMP. NO: 2151|QE 2017)

¶48

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 take the additional affidavit and documents on record and allow the writ petition as prayed for

¶49

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

¶50

Counsel for Respondent No. 1: SRI K. VIVEK REDDY, SENIOR COUNSEL FOR SRI M. MEHBOOB ALI (sc FoR ArcTE)

¶51

Counsel for Respondent No.2: GP FOR HIGHER EDUCATION

¶52

Counsel for Respondent No. 4: SRI^{O. MANOHER} REDDY

¶53

Counsel for Respondent Nos. 7 & 8:^{SRI MAHMOOD} ALI

¶54

Counsel for Respondent No 25: SRI P.^SRI HARSHA REDDY

¶55

Counsel for Respondents: SRI JUWADI SATYANARAYANA RAO

¶56

Counsel for Respondents: SRI B. CHANDRASEN REDDY, SENIOR COUNSEL

¶57

WP NO: 17161 OF 2017

¶58

Between:

¶59

Sultan-ul-Uloorn Educational Society,^Ivlount Pleasant, 8-2-249 lo 267, Road No.3 Banjara Hills, Hyderabad rep by its Secretary Zafar Javeed

¶60

¶61

Muffakham Jah College^{of Engineering& TechnologyRoad' No 3, Baniara} Hills, Hyderabad^{repby its Secretary,Mr Zafaria'ueed}

¶62

Z Zitar Jiveed^{S/o L;te-Syed tr/ohammed AmiadAli Khan,, R/c BasheerBagh,} HYderabad

¶63

...PET',.NERS

¶64

AND

¶65

All lndia Council^{for Technical Education Chandralok, Building' Janpath New} Delhi rep by its Secretarv

¶66

z St"i" oif"iungana^{Rep'byits Principal Secretary Higher, Education} DeoartmenI Secretariat^{Buildings, Hyderabad}

¶67

Oshania^{University Rep by its Registrar Jamia Osmania,, Hyderabad} 4. Mr. S. V. Nagaraia-Redhy^{iVo. Flat No.3, First Floor,.Alcazar Plazaand} Towers, Roai No.1,^{BanlaraHills, Hyderabad} -^500034.

¶68

Mr. Shaukat Ali^{Mirza pJ6.8-2-68414140,Road No.12, BanjaraHills,} Hyderabad - 500034.

¶69

Mi. Himayat Ali^{Mirza,RJo.8-2-6a414140,Road No-12,BanjaraHills,} Hvderabad - 500034.

¶70

z. Ivlt. Amina Marzia,^{Rl/o.Flat No.102, GroundFloor,Gagan Vasanth No.7'} Bore Bank, Benson Town,^Bangalore -⁵⁶⁰⁰⁵⁵

¶71

tr,ls. Ooliya. Kulsum,^{Rl/o. Flat NO.A1} ,^{GroundFloorNo-1 1 , Merpherson Road,} cooks Town, Bangalore -^560005.

¶72

t,4r. Akhtar Hussain,^{402, MapharNestApartments, 10-2-289' shantiNagar,} tt4asab Tank, HYderabad -^500028.

¶73

M/s. sheena Agro^{Farms (p) Ltd, having its.officeat Ravali Skeet, Nellore} - 524003, Rep. 5'y^{Authorizdd SignatoryS V N?-garajaReddy-}

¶74

1 1 . Ivl/s, Maharihi^{Publishers (P) Ltd., havingits office at1 5-1 599,} Ramamurthynagar, Nellori,^{Rep. by Authorized Signatory,S. 'V Nagaraja} Reddy

¶75

12.M/s. Creative lndustries^{(Tirupathi) Private Ltd.. havingits office at 5-919,} Laxmi Narasinh Estate, lil^{Floor, Secretariat Road, Hyderabad Rep. by} Authorized Signatory^{S. V. Nagaraja Reddy} .

¶76

M/s. Sun Real Estat'e^{(tvladras)(P) Ltd., Havingits office at G-3 No 26,} Ganesh Apartments, lil^{Street, VOC Colony, Aminjikarai, Chennai, Rep. by} Authorized Signatory,^{S. V. Nagaraja Redduy} - ^

¶77

N,4/s. Creativelndustries,^{Having its offlce at No.g, Bazullah Road, T. Nagar,} Chennai, Rep. by^{Authorized SignatoryS. V. Nagaraja R"qdy} . - - - . . ..

¶78

M/s. Creativd Industries^{(Kurnool) (P) Ltd, having office at 2-2-1'109-2Unit} No.1, Sairam Sadan,^{Bagh Amberpet, Hyderabad, Rep.by Authorized} Signatory, S. V. Nagaraja^ReddY

¶79

16.[,46. Kru[hi Aqro FaimsiP) Ltd.;having^{office at 'Sai Sri" 24-2-1870,Plot} No.330, 3'd Cioss^{Road, Central Avenue, Magunta Layout, Nellore} -^524003, Rep. by Authorized Signatory^{S. V. NagaralaReddy-}

¶80

17.1r,,1/i. Kyvalya^{Traders(P)Ltd'. (previouslyklgry.as-} V/s.^llyvalya^Agro.Farms Privatd Ltd.,) office^{at isai Srl 24-2-1870,Plot No.330, 3'' Cross Road,} Cenkal Avenue,^{Magunta Layout, Nellore} -^{524003, Rep.by Authorized}

¶81

Signatory S. V. Nagaraia^ReddY

¶82

r a. fr,t)t. die'atiue lnddtriel^{(Viiata'wada) (P) Ltd., havingofficeat 5-glirJa<mi} Narasinh Estate, lll Flooi,^{Sebretariat Road, Hyderabad,Rep. by Authorized} Signatory S. V. Nagaraja^Reddy

¶83

tg. M/i. Cre-ative lndusltrie5^{(Ananthapur) (P) Ltd., havingoffice at 5-919, Laxmi} Narasinh Estate, lll Flooi,^{Secretariat Road, Hyderabad,Rep. by Authorized} Signatory S. V. Nagaraia^ReddY

¶84

20.M/:. Bal;ji Adminisirative Serviles^{(P) Ltd., havingoffice at 5-919,Laxmi} Narasinh-Estate, lll Ftoor,^{Secretariat Road, Hyderabad,Rep. by Authorized} Signatory S. V. Nagaraja^Reddy

¶85

-5

¶86

21- M/s-Skokie Traders Private Limited (formerly nown as M/s. Amruti Aqro Farms (P) Ltd), having office at "Sai Sri" 24-2-187ti, Plot No.330, 3d Cross Road, Central Avenue, Magunta Layout, Nellore - 524OO3, Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶87

Ir4/s. Godavari Agro Farming Enterprises (P) Ltd., having its offlce at G-3 No.26, Ganesh Apartment, lll Street, VOC Colony, Aminjkarai, Chennai - 600029. Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶88

M/s. Living Style housing Developers (P) Ltd., having its office at Otd No.76 New No-34, CS Towers, Bazullah Road, T. Nagar, Chennai - 6000'17, Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶89

M/s. Housing and Real Estates Developers (P) Ltd, having its office at G-3 No.26, Ganesh Apartment, lll Street, VOC Colony, Aminjkarai, Chennai - 600029. Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶90

2'.Mozzam Jah Trust, having its office Door NO.22-3-660, Single Mahal, Purani Haveli, Hyderabad-

¶91

(RRs 4 to 25 are impleded as per Court Order dated 07 .11.2024 in I'A'No'3 ot 20171

¶92

...RES'.NDENTS

¶93

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 [o issue an appropriate writ, order or direction and more particularly, one in the nature of Writ of Mandamus declaring-

¶94

i) the action of the 1st Respondent in conducting title dispute adjudication while processing approvals under the AICTE Act including by passing its order of approval dated 29.O4.20'17 in F.No.South-Central/1-33336523211 2017lNO Admission proving for zero admissions as arbitrary, illegal, unconstitutional and in violation of principles of natural^justice and set aside the same

¶95

ii) the action of the 1st Respondent in^passing the order dated 29.04.2017 in F.No. AICTE/AOO/SCR2016 as arbitrary, illegal, unconstitutional and in.violation of principles of natural^justice and set aside the same

¶96

iii) Further direct the 1st Respondent to grant approval for the full sanctioned intake for all the courses of the 2nd Petitioner lnstitution for the academic yeat 2017 -18

¶97

I.A NO: 1OF 2O17(WPMP. NO: 21009 OF 20171

¶98

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 treat the 2nd Petitioner lnstitution as a validly approved institution with the full sanctioned intake for all the courses for the academic year 2017-18 including by suspending the 1st Respondent's orders vide F.No.South-

¶99

¶100

centrau.l^{-33336 52321I 2017lNOAdmission and F.No. AICTE/AoO/SCR2016 dated} 29.o4.2O17 ,^{peniling disposalof the above writ petition}

¶101

l.A. NO:2OF^{2017(WPMP.NO:215 12 0F 20171}

¶102

Petition under Section^{1 51 CPCpraying that in the circumstances stated in} the affidavit filed^{in supportof the petition, the High courtmay be pleased to take} the additional affidavit^{and documentson record and allowthe writ petitionas} prayed for

¶103

IA NO: 1 OF 2020

¶104

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 petitioner to file the^{documentsfiledalong with thispetition andreceive} the same in^{the above writ} Petition

¶105

Counsel for the^{Petitioners:SRI S. NIRANJAN REDDY, SENIOR COUNSEL} FOR SRI^{TARUNG. REDDY} SRI N. NAVEEN KUMAR

¶106

Counsel for Respondent^{No'1: SRI K. VIVEK REDDY, SENIOR COUNSEL} FOR SRI M. MEHBOOB^ALI (sc FoR AICrE)

¶107

Counsel for Respondent^{No. 2: GP FOR HIGHER EDUCATION}

¶108

Counsel for Respondent^{No.4: SRI O. MANOHER REDDY}

¶109

Gounset for Respondent^{Nos.7 & 8: SRI MAHMOODALI}

¶110

Counsel for Respondent^{No 25: SRI P. SRI HARSHA REDDY}

¶111

Counsel for Respondents:^{SRI JUWADISATYANARAYANARAO}

¶112

Counsel for Respondents:^{SRI B. CHANDRASEN REDDY,SENTORCOUNSEL}

¶113

WP NO: 171 6⁸ 0F²⁰¹⁷

¶114

Between:

¶115

1 . Sultan-ul-Uloom^{EducationalSociety,,IvlountPleasant8-2-249 lo 267, Road} No.3 Banjara Hills,^{Hyderabad rep by its SecretaryZaf ar Javeed}

¶116

z Amiaa Ati Khan Cblleqe of Businesi^{Administration,Mount Pleasant 8-2-249} - to i.Al, Road No.3 Baijara Hills, Hyderabad rep byits Secretaty Zafat Javeed z. Zaiar iaveed, S/o^{Late SyedMoha-mmed AmjadAli Khan, aged 59 years, R/o} Basheer Bagh, Hyderaba

..pETlloNERs

AND

All lndia Council for Technical Education, Chandralok Building, Janpath New Delhi rep by its Secretary

¶121

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

¶122

9smania University, Rep by its Registrar Jamia Osmania, Hyderabad

¶123

Mr. S. V. Nagaraja Reddy R/o. Flat No.3, First Floor, Alcazai^plaza and Towers, Road No.1 , Banjara Hills, Hyderabad - 500034.

¶124

Mr. Shaukat Ali |llirza^{oJo.8-2-68414140,} Road No.12, Banjara Hills, Hyderabad - 500034.

¶125

Mr. Himayat Ali tvlirza, Ryo.8-2-68414140, Road No.'12, Banjara Hills, Hyderabad - 500034.

¶126

Ms. Amina lrlarzia, Fl/o. Flat No.102, Ground Floor, Gagan Vasanth No.Z, Bore Bank, Benson Town, Bangalore - 560055.

¶127

IVls. Ooliya Kulsum, R:/o. Flat NO.A1, Ground Floor No_11, Merpherson Road, cooks Town, Bangalore - 560005.

¶128

Mr. Akhtar Hussain, 402, tr,laphar Nest Apartments, 10-2-285, shanti Nagar, Masab Tank, Hyderabad - 500028-

¶129

tt//s. sheena Agro Farms (p) Ltd, having its office at Ravali Street, Nellore - 524003, Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶130

11-t,4/s, Maharshi Publishers (P) Ltd., having its office at 15-1599, Ramam urthynagar, Nellore, Rep. by Authorized Signatory, S. V. Nagaraja Reddy

¶131

'12.[I/s. Creative lndustries (Tirupathi) Private Ltd., having its office at 5-919, Laxmi Narasinh Estate, lll Floor, Secretariat Road, Hyderabad Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶132

M/s. Sun Real Estale (lrladras) (P) Ltd., Having its office at G-3 No.26, Ganesh Apartments, lll Street, VOC Colony, Aminjikarai, Chennai, Rep. by Authorized Signatory, S- V. Nagaraja Redduy

¶133

M/s. Creative lnduslries, Having its office at No.9, Bazullah Road, T. Nagar, Chennai, Rep. by Authorized Signatory S. V. Nagara.Ja Reddy

¶134

M/s. Creative lnduslries (Kurnool) (P) Ltd, having office at 2-2-1109-2 Unit No.1 , Sairam Sadan, Bagh Amberpet, Hyderabad, Rep. by Authorized Signatory, S. V. Nagara.la Reddy

¶135

Ir4/s. Kruthi Agro Farms (P) Ltd., having office at "Sai Sri" 24-2-1870, Plot No.330, 3'" Cross Road, Central Avenue, Ivlagunta Layout, Nellore - 524003, Rep. by Authorized Signatory S. V. Nagarala Reddy

¶136

M/s. Kyvalya Traders (P) Ltd. (previously known as ltil/s. Kyvalya Agro Farms Private Ltd.,) office at "Sai Sri" 24-2-187O, PIot No.330, 3'o Cross Road, Central Avenue, Magunta Layout, Nellore - 524003, Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶137

18.M/s. Creative lndustries (Vijayawada) (P) Ltd., having office at 5-919, Laxmi Narasinh Estate, III Floor, Secretariat Road, Hyderabad, Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶138

M/s. Creative lndustries (Ananthapur) (P) Ltd., having office at 5-919, Laxmi Narasinh Estate, lll Floor, Secretariat Road, Hyderabad, Rep, by Authorized

¶139

. Signatory S. V. Nagaraja Reddy

¶140

M/s. Balaji Administrative Services (P) Ltd., having office at 5-919, Laxmi Narasinh Estate, lll Floor, Secretariat Road, Hyderabad, Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶141

M/s.Skokie Traders Private Limited (formerly nown as M/s. Amruti Agro Farms (P) Ltd), having office at "Sai Sil'24-2-1870, Plot No.330, 3'o Cross Road, Cenlral Avenue, Magunta Layout, Nellore - 524003, Rep. by Authorized Signatory S. V. Nagaraja Reddy

¶142

¶143

M/s- Godavari^{Agro Farming Enterprises (P) Ltd} '^{having.its officeat G-3} -" i.io]zo, crn"sn Xpartment,Itl stre6t, voc colony, Amrnjkarai' chennai - bbooz's. n"p^{by AuthorizedSignatory-SV} .Nagaraja^Red-dy

¶144

il;. Li"lil5ivr6^{t ousingDeve"lopers-(P)Ltd., hEvingits office at old No 76} -" itl.* fl".s?. i'S Tow"rs]aazullah Road, T Nagar, Chennai - 600017' Rep'

¶145

bv Authorized^{SignatoryS. V. NagarajaReddy} .

¶146

-' [,il;.'li;s^g i'L.i6,G;;.rr^and Apartment,^Real-Estates lll Street,^{D-evelop-ers (P.) Ltd,} VoC Colonv, Aminjkarai'^{having its.office at} Chennai^G-3 - -

¶147

obooi'g. n"p.^{by Authorized SignatoryS. V' NagarajaReddy} . .

¶148

zs. [,r"o-iZm irfi rii,si,^{navingits o?ice Door No'22-s-060, single1rlahal' Purani} Haveli, Hyderabad.

¶149

(RRs 4 to 25 are impleded as^per Court^{Orderdated O7 .11.2024in} l.A.No.3 ol²⁰¹⁷¹

¶150

..RESPONOENTS

¶151

petition under Article 226 of the constjtution of lndia^{praying that in the} circumstances^{stated in the affidavit filed therewith,the Highcourt maybe} pleased to issue an appropriate^{writ,orde.or direction and more particularly, one} in the nature^{of Writ of lvlandamus declaring}

¶152

i)theactionofthelstRespondentinConduotingtitledisputeadjudication while processing^{approvals under the AIGTE Act including by passing its order} order of withdrawal^{of approvaldated29.04.2017in F,No. South -Central/1-} 4414o44l2o16tEoA^{as arbitrary,illegal, unconStitutional and,n violationof} principles of natural^{justiceand set aside the same}

¶153

ii) Further direct the^{1st Respondentto grantapprovalfor the full sanctioned} intake for all the courses^{of the 2nd Petitioner lnstitution for the academic year} 2017-18

¶154

ffiCPCprayingthatinthecircumStanceSStatedinl.A. No:¹ OF^{2017(WPMP. NO: 219J2OF 2017),} , the affidavit^{filedin supportof the petition, the High courtmay be pleased to direct} the Respondents to^{treat the 2nd Petitioner lnstitutionas a validlyapproved} institution with^{the fullsanctioned intake for all the coursesfor the academic year} 2017-18 including^{by suspending the 1st Respondent's ordersdaled29.o4.2017 in} F.No. South.ce^{ntaltl-4414o44t2o16lEo[; pending disposalof the above writ} petition

¶155

t.A. NO: 2^{OF 2017(WPMP . NO: 21515 OF 201 7)}

¶156

Petition under Section^{151 CPC praying that in the circumstances stated in} the affidavit filed in support^{of the petition, the Highcourtmay be pleased to take}

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the additional affidavit end documents on record and allow the writ petition as prayed for

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r. N I o R c o u N s E L c o u n se I f or t he P et i ti o n" ' r.# : Jl ffi,jtt l.P$J+ SRI N. NAVEEN KUMAR

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Counsel for Respondent No. 1: SRt K. VIVEK REDDY, SENTOR COUNSEL FOR SRI M. MEHBOOB ALI (sc FoR ArcTE)

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Counsel for Respondent No. 2: GP FOR HIGHER EDUCATTON

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Counsel for Respondent No. 4: SRI O. MANOHER REDDY

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Counsel for Respondent Nos. 7 & 8: SRI MAHMOOD ALI

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Counsel for Respondent No 25: SRI P. SRI HARSHA REDDY

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Counsel for Respondents: SRI JUWADI SATYANARAYANA RAO

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Counsel for Respondents: SRI B. CHANDRASEN REDDY, SENIOR COUNSEL

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WP NO: 8877 OF 2019

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Between:

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M/s. Sheena Agro Farms (P) Ltd., having its office at Rayaji Skeet, Neltore524003 Rep. by Authorized signatory, S.V. Nagaraja Reddy.

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M/s. Maharshi Publishers (P) Ltd., having its office at H.No.j5-1599,

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Rammurthynagar, NelloreRep. by Authorized signatory, S.V.. Nagaraja Reddy

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M/s. Creative lndustries (Tirupathi) Private Ltd.,, having its office at H.No.s9'19, Laxmi Narasinh Estate, Ill Floor Secretariat Road, Hyderabad-4, Rep. by Authorized signatory, S.V. Nagaraja Reddy

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M/s. Sun Real Estate (Madras) (P) Ltd.,, having its office at G-3, NO.26, Ganesh Apartments, lll Street, VOC Colony, Aminjikarai, Chennai-600 029 Rep. by Authorized signatory, S.V. Nagaraja Reddy

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M/s. Creative lndustries (P) Ltd.,, having its office at No.9, Bazullah Road, T. Naga1, Chennai- 1 7. Rep, by Authorized signatory, S.V. Nagaraja Reddy

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lril/s. Creative lndustries (Kurnool)^(P) Ltd.,, having its office at H.No.2-2-11092, Unit No.1, Sairam Sadan, Bagh Amberpet, Hyderabad Rep. by Authorized signatory, S.V. Nagaraja Reddy

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M/s. Kruthi Agro Farms (P) Ltd.,, having its office at Sai Sri, 24-2-1870, Plot.No.33o, 3rd Cross Road, Central Avenue, Magunta Layout, Nqllore524003. Rep. by Authorized signatory, S.V. Nagaraja Reddy

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B. M/s. Kyvalya Traders (P) Ltd, (Previously known as M/s. Kyvalya Agro Farms Private Limited) having its office at Sai Sri H.No.24-2-1870, Plot No.330, 3rd Cross Road, Cehtral Avenue, I/agunla Layout, Nellore-524003. Rep. by Authorized signatory, S.V. Nagaraja Reddy

¶178

M/s. Creative lndustries (Vijayawada) (P) Ltd., having its office at 5-9-19, Laxmi Narasinh Estate, lll Floor, Secretariat Road, Hyderabad-4 Rep. by Authorized signatory, S.V. Nagaraja Reddy

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10.firl/s. creative industries^{(Ananthapur)(P) Ltd-,having its office at 5-9-19,} - Liirni Narsinh Estate, lll Floor, Secretariat Road, Hyderabad-4 Rep by Authorizcd signatory, S.V.^{Nagaraia Reddy}

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I r rrrrTs salaii Adminisiiative Servicel^{(P) Ltd." havingits office at H.No 5-9-19'} [i*minirisinh Estate, lll^{Floor. Secretariat Road, Hyderabad-4 Rep by}

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Authorized signatory, S.V.^{Nagaraja Reddy}

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t Z. trlyi. St<ot<ie iraders^{Private Limited, (Formerly knownas M/s. Smruti Agro} - iri-" /P) Ltd..) havino irs office at Sai'Sri, H-No.24-2-1870, Plot No.330, 3rd Ciosi ii6ao, bentral-Avenue,^{MaguntaLayout'Nellore-524003 Rep by} authorized signalory, S.V.^{Nagaraia Reddy} --. . . .

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ra.rr.ii--CoOavaii Agro.Farming^{Enierprises(P)} l!9',^{having its} 9{1c^e^1t^p-3, - t'to.zo, Ganesh A"partments, VOC Colony, Aminjikarai, Chennai-600029 Rep' bv Authorized siqnatorv,^{S.V. Nagaraja Reddy}

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t+.lvils. Living StyldHousing^{Developers(P)!td} "^{having its officeat OldNo'76,} New NO.3."a, iS^{Towers,-Bazullah Road,T. Nagar, Chennai-600017'Repby} Authorized signatory,^{S.V. NagarajaReddy} -

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f s. fr,lTi.Housing Znd Real^{Estate-sD6velopers (P) Ltd.,} ^having^{its office at.G-3,} - Uo.2O, Gan"esh Apartments lll Street, VOC Colony, Aminjikarai, Chennai-600 029 Reo- bv Auth6rized siqnatorv, bv Auth6rized siqnatorv, Auth6rized siqnatorv,^{S.V Nagaraja NagarajaReddy.}

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029 Reo- bv Auth6rized siqnatorv, bv Auth6rized siqnatorv, Auth6rized siqnatorv,^{S.V Nagaraja NagarajaReddy.}

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16 4;. l.^'Sai'Kumar,, S/o.-8.S.^{-Narayanalyengar,aged 55 years,Occ} Business, R/o. 8-612,^{ESI Staff Quarters, SR Nagar, Hyderabad- 500 038'}

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17.Sri. l- Chandrasekhar^{Reddy,,S/o. I Narasa Reddy, aged about 56 years,} occ. Business, R/o. H.No.3-6-369/5,^{StreetNo 2, Himayathnagar, Hyderabad} - 500 029.

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18.Smt. P. Ratna^{Sri,, Wo.P. Satyamurthy, aged 25 years, Occ. Housewife,Rl/o'} - ZOC lVatr tha Apartments, Bh'agyanagar Housing Colony, opposite KPHB, Kukatoallv. Hvderabad.

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19.Smt. k. V. Swaroopareddy,,^{Wo. K. V. Ravindra Reddy,aged64 y99.fs'} Occ. House wife, R/^{o.302,Surabhi Enclave, Road No.1'1, BanjaraHills,} Hvderabad^- 500^034.

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S;i. K. V. Karthik Reddy,,^{S/o. K. V. Ravindra Reddy, aged 39 years, Occ.} Business, R/o.302, Surbbhi^{Enclave, Road No. 14, Baniara Hills, Hyderabad} - 500 034.

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21-Sri Naqa Reddv Laxminarayana^{Reddy,, S/o. N GopalaKrisltna Reddy, age} 79^yea"rs, Occ. Agriculture,^{Ryo. tOZ, Cherlopalem Village, Kovvur Mandal,} Nellbre District, Andhra^Pradesh,

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22.Sri. Ankem Anil Kuniar,,^{S/o.AnkemHanumanthaRao,aged 60 years'Occ'} Service, Fyo. 59 A,^{17-618B, 14th tine, RTC Colony, Vijayawada - 8, Krishna} District.

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Sri- Rangineni Sankaraiah,,^{S/o. R. S-ubbaramaiah, aged} ^66^years,^Occ' Agricultuie, R/o.^{10, MuttaiahMudaliyar Street, Pondicherry- UO?-O"o=ai,r,ou.}

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AND

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AII lndia Council^{for Technical Education, Chandralok Building, Janpath, New} Delhi rep by its Secretary

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State of Teiangana,^{Rep-Uy its Principal Secretary Higher Education} Deoartment, S-ecretariat^{Buildings, Hyderabad}

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Os'mania University,^{Jamia Ostnania, Hyderabad,Rep by its Registrar} 4. M/s Sultan-Ul-Uloom^{Educational Society, Mount Pleasant, 82249 lo 267} ' Road No 3, Banjara^{Hills, Hyderabad,rep by-its.SecrelaryZalar Javeed.}

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M/s tr,,{utfat<ham iah^{College of Engineering Technology, MountPleasant,} 82249 to 267, Road^No 3,^{Banjara Hills, Hyderabad, rep by its Secretarylrilr} Zafar^javeed

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M/s SiJltan-ul-Uloom College^{of Pharmacy Mount Pleasant,82249to 267} ' . Road No 3, Banjara Hills, Hyderabad, rep by its Secretary Mr^Zafar laveed

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7 fvl/s Amjad {]i Khan College of Business Adminrstration l\4ount pleasant, 82?49 lo 267, Road No 3, Banjara Hills, Hyderebad, rep by its Secretary Mr Zaf ar javeed

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[llt.4f ar Javeed, S/o Late Syed Arlohammed Amjad AIi Khan aged 59 years R/o Basheer Bagh Hyderabad.

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Pnncess Ameena lilarzia Dlo. Prince Waleshan Jah Bahadur & wife of Mr. Syed Sajjad Akbar Razvi, Ryo. ftat No.103, Zehra Manzit,22-2-149, Bazar Noor Khan, Hyderabad.

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Princess Oolia Kulsum D/o. Prince Waleshan lvluazzam Jah Bahadur, Resident of Bangalore, Karnataka, presenfly living at Flat No,.103, Zehra Manzil,22-2-749, Bazar Noor Khan, Hyderabad^-

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(Both Respondent No. I & 10 are represented by their duly constituted GpA tulr. Zamin Ali Khan son of Late Hashim Jah Bahadur, Rto.3-S-lB2lS2/1C, King Kothi, Hyderabad.)

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(RRs 9 & 10 are impleaded as per Court Order dated 01.11.2024 in l.A.No.2 of 2019)

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ll.Moazzam Jah Trust, Having its office at Door No.22-3-660, Single lVlahal, Purani Haveli, Hyderabad, rep. by its Trustee, lr,4r. Asif^pasha

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(Rl 1 is impleaded as per Court order dated ot .11 .2024," o ' IHIIBLr_BI9J.. Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated ln the affidavit filed therewith, the High Court may be pleased to issue a Wrrt, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare that the respondents 4lo T arc not entifled for extension of approval for the Academic Year 2019-20 and subsequent years by the 1st respondent for running their respective Educational lnstitutions, over the extent of petitioners property admeasuring Ac.6-00 guntas, bearing No.g-2-249 to 269, forming part of in Sy. No.359, Shaikpet village, situated at Road No.3, Banjara Hills, Hyderabad and consequently direct the 1st respondent to withdraw the approval or not to extend the approval to the respondent 4lo I lnstitutions for the Academic Year 2019-20 and subsequent years, over the above petitioners property

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lA NO: 1 OF 2019

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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 1st respondent to withdraw the approval or not to extend the approval for the Academic Year 2019-20 and subsequent years to the respondent No. 4 to 7 Educational lnstitutions, over the extent of the petitioners property admeasuring Ac.6.00gts, forming part of the Survey No. 359, Shaikpet Vi age, bearing No. 8-2-

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249 lo 269, situaled^{at Road No. 3, Banjara Hills, Hyderabad,pencling disposalof} main Writ Petition

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CounselforthePetitioners:SRIB.CHANDRASENREDDY'SENIORCOUNSEL

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Counsel for Respondent^{No. 1: SRI K. VTVEKREDDY'SENIOR COUNSEL} FOR SRI M. MEHBOOB^ALI (sc FoR AICTE)

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Counsel for Respondent^{No.2:GPFOR HIGHER EDUCATION}

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Counsel for Respondent^{No. 3: SRICH. JAGANNATHARAO} SC FOR OU

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Counsel for Respondent^{Nos.4to8: SRITARUN G. REDDY}

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Counsel for Respondent^{Nos.9 & 10: SRI M. GOVIND REDDY}

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Counsel for Respondent^{No. 11: SRI K. JAGADISHWARREDDY}

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The Court made the^{following:COMMON ORDER}

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THE HONOURABIJE SRI 'IUSTICE C.V. BHASKAR REDDY

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WRIT PETITION Nos.1714 8, L7 t6t, t7t 68 of 2Ol7 anil

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8877 of2019

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COMMON ORDER;

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The issue involved in these writ petitions is intrinsically interconnected and therefore, they are taken up and heard together and are being disposed of by this common order.

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Writ Petition No. 17148 of 2077 is fi1ed by the Sultan_Ul-Uloom

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Educational Society and others, seeking following relief:

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".,.to issue an appropriate urit, order or direction and more particularlg, one in the nqture of Wit of Mandamus declaing

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i) the action of the 1.t Respondent in conducting title d.ispute ad.judication while processing approuals under the AICTE Act including by passing its order dated 29.04.2017 in F.No.South-Centrql/ 1-6O59891/ 20 16/-EOA therebg uithdrawal the approual of the 2"a petitioner Institution ord.er as qrbitrqrg, illegal, unconstitutional and in uiolation of pinciples of natural justice and sel aside the some,

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ii) direct the l.t Respondent to grant approual for the full sanctionecl intake for all the courses of the 2"d Petitioner Institutioru for the acqdemtc gear 2O 1 7- 18;"

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Writ Petition No.17161 of 2077 is filed by the Sultan-Ul-Uloom

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Educational Society and others, seeking the following relief:

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"...to issue an appropiate uiL order or direction and more particularlA, one in the nature of Writ of Mandamus declaing

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i) the action of the lst Respondent in conducting tttle dispute adjudication tahile processing approuals under the AICTE Act including bg passtng its order of approual dated 29.04.2O17 in F. No. South-Central/ 1- 3333652321/2O17/NO Admission proutng for zero admissions as arbitrarg, itlegal, unconstituttonal^q.nd in uiokttion of pinciptes of natural justice and set aside the same;

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ii) the rtctiot'I^{of the 1! Respond'entin passtngthe order dated} .29^{04 20 17} ii i lro. etcrbt^{aoo/ scR2o16 o'} 'ibit'ory, illegql' uncottstillttiortal^ond in uiolation oi^{pinciples of naturctljustice and set asidethe sqme;}

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""L""ii.a iii) Further^{clirectthe 1"t Respondentt? Sr:?t^aplroual. forlhe' full} intake for^qll the^{courses of the 2'd Pe-titioner lftstiLution for} the acadenic Year^{2017 18... "}

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4 . Writ Petition No.^{17 168 of 2077 is file d by the SultarL-U1-Uloom}

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Educationai Society^{and others, seekingthe foilowing rcliel:}

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"...to issue an appropiate^{uit'ord"eror direction andmore parlicularlg'} one in the^{no.ture of Writ of Mandamusdeclaing}

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i) the action^{cJ the l't Respondent in conductingtitle disputeadiu'Tication} LiiL p*.."ii"g^{opprouibund'ertheAICTEAct includingbg pa:'sing its} orir'"f^{'tLtthiraial of approual'dated 29'04'2017in F No south-} C"ntroi/ I^{-+,+ l +O44/20 16/EOA as arbitr(1ra'illegql,uncanstittttionaLand} in uiotarion of^{pinciplesof natural} iustice^{and set aside the same;}

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ii) Fufthet direct the^{l'L ResPondent t?} Srllt -aylroual.^{for the fult} loi"itionra^rntake for^{all the ciurses of the 2"'1 Petitiofter ltstitlltion for} the acadetnic^{gear2O17-18-.."}

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Writ Petition No.8877^{of 2Ol9 is hled by M/s SheenaAgro} Farms (P) Lirnited and^{other privatecompanies and individuals} against the AICTE,^{Sultan-Ul-UloomSociety and others,seeking the}

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following relief

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"...to issue^{a Wit, Order or Direction,morepafticularlgonein the nature} of Writ of Mandamus,^{to declare that the respondents4 to 7 are not} Jntiled^jor ertension^{of approual} for^{the Academic.Year. 2O19 20 and} gears bg ihe-'lo respondent for^ntnning. .their^respectiue "rii"qi""t Educationat Instihrions,^{ouer the extent ofpetitionerspropertA} oi*iii""rrg^a".6-OO Wntas,^{be(lingNo'8-2249 to 269, fonning parl of} i, -igdZraboa .dy. rvr.sSs, Shaikiet^{uillage,sitioted at Road No'3'BanjaraHills'} and consZquentlg^{directthe lst respondentto u)ithdrau the} aip,roual or not to^{eitend- the approualto the} .respondent^{4 to 7} Institutions for^{the AcademicYear 2019'20 and subsequent Aeqrs' ouer} the aboue^{petitioners propertA..."}

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6 Writ Petition No. 17168 of 2Ol7 is taken up as a leading case to decide the lis in this batch of cases.

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The brief facts of the case that are necessary for disposal of the present writ petitions are

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It is stated that the petitioner is an Educational Societ5r (hereinafter referred as "Society,,) registered under the provisions of the Societies Registration Act, with the objective of estabrishing institutions to promote educationar fac ities within the Musrim communit5r, established in the year 19go. It is further stated that originally, the land admeasuring Ac.24.lO gts situated at Road No.3 Banjara Hills, Hyderabad, belonged to Late Nawab Mir Usman Ali Khan Bahadur, HEH Nizam-VII, Hyderabad. It is also stated that the HEH Nizam-VII has formed a Trust known as Moazzam Jah Trust (hereinafter referred as "Trust") in the year 1949 for providing living expenses and welfare of his family. It is stated that a Supplementary Trust Deed was executed by H.E.H. the Nizam of Hyderabad on 08.01.1950. It is further stated that the said Trust purchased property by obtaining permission from the Chief Judge, City Civil Court, in Case No.237/ 2 /1954-53 vide registered sale deed dated 01.05.1954 for the property bearing Municipal No.g-2-249 to 267 known as "Mount Pleasant", totally admeasuring Ac.24.lO g!_s. While-so, it is stated that the Government has acquired the said

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property under^{Land Acquisition Proceedings in G O Rt No 388' Ind'} & Com.^{Dept., dated 4-9-1976 andG O Rt No'928'Incl &Com'} Dept., dated 3I-8-lg7g,^{and handed over the possessionto Bharat} Heary Electricals^{Limited('BHELJ' Subsequently'at the rcquest of} Prince Moazzam^{Jah, the propertyhas been releasedfor establishing} educational^{institution.It is stated that the Trust claiming to be} purchaser, negotiated^{with the petitioner for disposalof the property} and various^{amounts have been received as palt saleconsideration} and petltioner^{societjr was put into possession lt is furlher stated} that disputing^{the possessionof the petitioner'Mir ShahmatAli} Khan fiied suit^{vide O.S.No 1207 of 2OO0 on the irle of XIV Junior} Civil Judge,^{City Civil Court,Hyderabad,claimingto Lre in possession} of Ac.4.2O^{gts of the subject property and pendingadjudicationof the} said suit,^{disputesarose between the plaintifftherein and the} petitioner society^{aldproceedingsunder Section 145 C)r'P'C were} initiated by^{the Special ExecutiveMagistrate Assailing the validity of} proceedings dated^{18.8.2003 in File No 8/570/98issued by the} Special Executive^{MagistrateHyderabad,under Section 145 Cr'P'C'} the petitioner^{society frledW P'No 17739of 2003' wherein interim} orders were^{granted and chalienging ttre same'S'V NagarajaReddy'} claiming to be^{Power of Attorneyof Prince Mir ShahameitAli Khal'} filed W.A.No.1687^{of2OO3. Videcommonjudgmentdated} 04.11.2003,W.P.No.17739of2023wasdismissedandWritAppeal

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No. 1687 of 2003 was allowed. euestioning the said orders, the petitioner society filed Speciar Leave to Appear (crr.) Nos.1B75-1876 of 2OO4 on the file of Hon,ble Supreme Court and the same were dismissed vide order dated 29.O4.2OO4.

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9 - It is also stated that the Society was inducted into possession by the Trust, initially as a tenant and subsequently, as purchaser. It is stated that having come to know about acquiring the property under the provisions of Urban Lald (Ceiling and Regulation) Act, 1976 (for short "ULC Act"), the petitioner society requested the Government and the Government vide Memo No.619/ID/27_42 d,ated, 25.09.1980 decided that the "Mount pleasant,' building in Banjara Hills covered by Land Acquisition proceedings in G.O.Rt.No.3gg, Ind. & Com. Dept., dated 4 9-7976 and G.O.Rt.No.928, Ind. & Com. Dept., dated 37-a-1979, which was in possession of M/s. Bharat Heavy Electricals Ltd, Secunderabad, be returned to prince Moazzatn Jah Trust for making it available for starting an Engineering College sanctioned by Government. It is stated that the propertSr in the custody of the Government was released in favour of the Society from BHEL and harrded over to the Societ5r for the purpose mentioned in the Memo dated 25.09.1980. It is further stated that the Trust after re-securing the possession has handed over the property under lease for setting up an Engineering College and in terms of the agreement

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with the Trust,^{the societyhas also depositedcertainam'lunt' It is} the case^{of the petitioner-society that since the dateof harlclingover} the property,^{they are in possession by virtue of the agrcements} executed by^{the Trust and their successors-in-interest ' I{eanwhile'} the Trust^{also submitteda representationto the StateGovernment} seeking exemption^{under Section20(1)(b)of the ULC Act' 1976 The} Government while^{rejecting the request of the} Society in^Memo No.S 17/UC([)81-^{17 RevenueDepartmentdated} 16.08.1994, has initiated^{proceedings underthe ULC Act, and the SpecialOfhcer-} cum-Competent^{Authority,ULC, has passed orders underSection} 8(4) of the^{Act, in File No.E2l5878/76dated 19 03 2008declaring} trre Moazzarr Jah^{Trust as surplus land holderto an extentof} 8g,O87.O7 sq.metres^{(Acs.22 01 gts)'Aggrievedby the said orders'} the Society^{and others hled an appeal underthe provisions of the} ULC Act. It is^{stated that pending adjudicationof the sard appeal'} Government rssued^{G.O.Ms'No'459 dated26 03 2008 granting} exemption under^{Section20(1)(b) of the ULC Act' subiectto} petitioner society^{utilizingthe exempted land for runningeducational} institution and it^{shouldnot be leased out without prior permission} of the Government.^{It is furthercaseof the petitionerthat thereafter'} at the request^{of the Trust, the petitioner society agreedto purchase} the Mount Pleasant^{Buildingand appurtenant land and paid an} amount of Rs.2,05,7O,00O/^{-under various installmentsand the}

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society is in uninterrupted possession as a tenant under the agreement of sale and petitioner society has established various institutions on the said land. It is further case of the petitioner that out of entire extent of land, an extent of Ac. 1.30 gts has been acquired by the GHMC for road widening and remaining portion is used by the institutions as playground and parking area.

¶260

While the matter stood thus, Mrs.princess Fathima Fouzia, claiming to be eldest daughter of Late prince Muzzam Jah Bahadur and granddaughter of HEH Nizam-VII, Mir Osman Ali Khan, instituted suits vide O.S.Nos.154 of 20O3 and 181 of 2003 on the file of Chief Judge, City Civii Court, Hyderabad seeking declaration and injunction in respect of the property in Sy.No.359 of Shaikpet Village, bearing Municipal No.8-2-249 to 269 situated at Road No.3, Banjara Hills, Hyderabad, with abutting open land admeasuring Ac.6.OO gts. In the said suit, the Trust aiong with other purchasers were made as defendants. The propert5r claimed thereunder is the property forming part of Ac.24.lO gts which was originally acquired by the Government and subsequently handed over vide Memo dated 25.09.1980 to the Tmst and thereafter, the said property was given on lease in favour of the petitioner society. The said suits, after contest were dismissed vide common judgment ald decree dated 21.O7.2OO3. The petitioner society as third party to the litigation has

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hled City Civil^{Court Appeal No'21 of 2004 on the h1e of this Court} assailing Para^{15.8of the judgmentand condition No 8 of the decree} alone passed^{in O.S.Nos.154and 181 of 2003 and the same was} allowed vide^{judgmcntdated 18'06'2OO7and the impugned findings} of the learned^{Trial Courtgiven in Para 15 8 and conditit>nNo'8of} the decree^{dranx.n inconformity therewith were set aside a1lowingthe} petitioner society to^{prosecute its suit vide O'S No'29i' of 2OO4} instituted seeking^{declaration of right against the ownersand the} said suit was^{dismissedas withdrawn on 01 05'2014'}

¶263

11In the rneanwhile,^{M/s' Seena Agro Farms (Pvt) LLmited and} others represented^{by its author2edsignatory,S'V NagarajaReddy'} filcd suit vid.e o.S.No.496^{of 2ol5 on the file of Chief Judge,City} Civil Court, Hlrderabad,^{stating that they have purchased various} extents of^{propertythrough registered sale deeds'and the suit} schedule^{property therein constitutea single block admeasuring} Ac.6-O0gts and said^{block forms part of Sy'No 359 of Shaikpet} Village with MCH^{No.8-2-249 to 269 and situatedat RoadNo 3'} Banjara Hills,^{Hyderabad. In the said suit, interim injunctionwas} granted vide 1.A.No.2576^{of2015, restrainingthe society from} interfering with^{the peaceful possessionand enjoymentof the suit} schedule property^{or parkingany vehiclesin plaint schedtrleproperty} pending drsposal of the^{suit. Aggrievedby the same, the petitioner}

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society filed Civil Miscellaneous Appeal No.364, 365, 430 and 43g of 2016 on the file of this Court. After contest, the said appeals were allowed with costs vide order dated. 29.72.2016 and, interim injunction granted in I.A.No.2576 of 201S in O.S.No.496 of 2O15 was set aside. Questioning the said orders, the petitioners in W.P.No.8877 of 2Ol9 have filed S.L.p.No.7ZTT of 2OtZ on the file of Hon'ble Supreme Court and the same was disposed of vide order dated 24.O4.2017 observing that there are various disputed facts and mixed questions of law and facts involved in the case and the Honble Supreme Court directed the trial Court to decide the suit as expeditiously as possible within a period of one year and the parties to the said appeal were directed to maintain status quo with regard to alienation or creation of any charge. It was further observed that the observations made by the trial Court and the High Court shall not come in the way of the trial Court to decide the matter finally.

¶266

While-so, the plaintiffs in O.S.No.496 of 2O7S trled W.P.No.19291 of 2016 on the file of this Court questioning the G.O.Ms.No.459 dated 26.03.2008 issued by the respondent No. 1 granting exemption to the petitioner society under Section 2O(1)(a) of the ULC Act, 7976. This Court vide interim order dated 21.06.2016 passed in WP MP No.23672 of 2076 in Wp No. 19291 of 2076 suspended the said exemption orders in respect of the land claimed

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by the petitioners^{inW'P'No'19291 of2016 i e'plaintiffs in} O.S.No.496 of^{2015 and the said Writ Petitionispendingfor} adjudication.^{It is stated that pendingadjudication of saidW P' the} plaintiffs in O.S^{No.496 of 2015(petitionersinW'P No 1929l of} 2016) {iled a^{complaint on the hle of AICTEstatingthat part of the} land in occupation^{of the petitionersociet5zbelongsto the plaintiffs in} o.S.No.4g6of2015andthepetitionersocietyfalselyrepresenting that they are^{owners of the property has obtained permission from} AICTE and therefore,^{requestedto take appropriate action Acting on} the said complaint,^{AICTE has issuednotice to the petitioner society} vide proceeclings^{inreference No'CVO/AICTE/2010/SCRO/ 16} (SUUS)79(ii)/ 1412^{directing the petitioner-societyto appearbefore} the One-Man^{Committeefor enquiringinto the said complaintlt is} stated that the^{petitioner society has submitted a detailedreply} dated 15.03.2016^{to the Committeeconstituted by the AICTE, Stating} the facts relating^{to title andpossessionof the subjectproperty'} Pending adjudication^{of the said complaint, the alleged successors'} Ameena Merzia^{and Ooliya Kulsum claimingthat they are the} successors / beneficiaries^{of the Trust and the society is not having} any right over^{the properties and the collegesestablishec'requested} the AICTtr, to take^{necessary action ltis furtherstatedthat the} petitioner has submitted^{a detailedreply to the said complaintbefore} the Committee constituted^{by the AICTE oL 29'71'2016'Since the}

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complicated issues are involved to decide the title and lawful possession and as the AICTE is not expertised to decide those issues, a TWo-Man Justice Committee headed by Justice N.L.Tibrewal (Retired Acting Chief Justice of Rajasthan High Court) and Sri G. Shankar, Architect, was constituted for rendering opinion on the ciaims of inter se parties. The Committee, after hearing the petitioner as well as a1l the contesting parties submitted its report dated 25.04 .2017 stating that the petitioner society has not fulfrlled the requirements of the AICTE regulations for granting permission/ extension of permission, after the enactment of All India Council for Technical Education Act, 1987 ("AICTE Act") w.e.f. 28.12.1987. Acting on the expert committee report, the AICTE issued proceedings dated 29 .04.20¹ 7 directing the petitioner society to produce all the documents for granting recogreition/ extension of Approval. Aggrieved by the orders passed by the AICTtr stating that copy of the expert opinion report has not been furnished and that the AICTE has not taken into consideration the long possession and^pendency of various cases and also stating that the complainants are not having any locus standi and that the observations made in O.S.No.496 of 2015 is the subject matter of sto:fits^quo orders^{passed by the Honble} Supreme Court, and the disputes among^{t}:.einter se parties have not} attained the linality and that Standing^{Appellate Committeeof AICTE} cannot recommend for passing of the^{impugned orders} in^rejecting

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the recognition/ extension of^{approval,Writ PetitionNos 17 1 6 1,} 17148 and 17158 of 2Ol7^{have been filed.}

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This Court vide common^{order dated09} '06'2017ⁱⁿ W.P.Nos.17161. 17l4a and 77168 of^{2017 granted interim} suspension of impugned^{ordersdated 29.04.2017 passed by the} AICTE on the following conditions:

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a) The petitioners shal1 disclose^{to the students, who are} seeking admission in the^{2"d petitioner/coliegeaboutthe} penclency of the civil case and this^{writ petition.}

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b) An undertaking shall be taken^{from the students,who are} joining in the 2^d petitioner/ college indicating their awareness about the litigation^{and that they will not claim} any equities later.

¶276

t4 Aggrievecl by the common^{order datedO9.06.2O17 passed by} this Court in W.P.Nos.17l6l,^{lTAaand 17168of 2077} '^tl:e respondents hled Writ Appeal^{Nos.782,7a4,787,796 atd 800 of} 2017 on the file of this Court^{and the same were disnrissed vide} common^ju<lgment dated^{27 .06.2017. Subsequently, the .AICTE also} lrled Writ Appeai Nos.943, 944 and^{953 of 2Ol7 on the file of this} Court and the same were also^{dismissedvidecommon judgment} d,ated. 14.07 .2017. Assailing^{the same, SpecialLeavePetition(Civil)} Nos.32973, 34546 arrd 34508 of^{2Ol7 t,ave been hled on the fi1e of} Hon'ble Supreme Court, and the^{same were dismissedvide order} dated 01.12.2017 with an observation^{that the ordersofthe Division} Bench of this Court, shall not come in the way of final decrsion.

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1 5. Considered the submissions of learned counsel for the

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respective parties and perused the record

¶280

Mr.S.Niranjan Reddy, learned Senior Counsel appearing for the petitioners in W.P.Nos.17t4a, t7l6L and tZ168 of 2OlT, submitted that Two-Man Justice Committee Report, which is the sole basis for passing of the impugned orders, was not provided to the petitioners. It is further submitted that constitution of Two-Man Justice Committee is without jurisdiction and there is no provision under the AICTE Act, its Regulations, or the AICTE Approval process Handbook (APH) that permits the formation of such a Committee. The Regulation 76.7 of the APH mandates a quorum, which the committee does not meet and thereby rendering it wholly without jurisdiction. The Committee exceeded its authority by adjudicating title disputes between the parties, which is impermissibie in law. It reviewed the society's ongoing legal disputes ald rendered a decision on ownership, which statutory authorities are not empowered to do. The complaints considered by the AICTE were limited to title issues. Despite the same, the AICTE improperly investigated matters unrelated to the complaint, such as building plans and Occupancy Certificates (OCs). Even the final impugned order only addresses title, requesting the petitioner institution to produce a title deed, confirming that building plans or OCs were not relevalt to the

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decision.Further,thelearnedSeniorCounselarguedthatthe complainant, Mr.^{S.V. Nagaraja Reddy, has no locussta'ndi to fi'le} the General^{Power ofAttorney(GPA) holderof} complaint^as Shahmath^Ali Khan, since the^{GPA was canceled The suit vide} O.S.No.942 of^{2O11 fi1ed challengingthe carcellationof GPA'was} dismissed Therefore, the^{AICTE should not have entertainedthe} complaint The Standing Appellate^{Committee(SAC), which reviewed} the committee's^{report,acted contrary to the APH Accordingto} Regulations^{1.1 1 and 2-24, the SAC can only be constituted if an} appeal is hled^{by the institution. In this case, no such appeal was} filed,makingtheSAC'sinvolvementillegalaldwithoutjurisdiction' The petitioner^{socie$ has fulfilled the AICTE's title requirements'It} entered into an^{agreement of sale with the M:uazzam Jah Trust'} paying full sale consideration^{and filed a suit for specihcperformance} vide O.S.No.2 97 of^{2OO4. It isfurther submitted that inthe} proceedings before^{the Hon'ble SupremeCourt, it was recordedthat} Shahmath A1i Khan^{had no claimover the property, and the Trust} expressed its^{willlngness toexecute aregisteredsale deed'} Accordingly,^{a compromise memo was recorded,confirmingpayment} of entire sale^{consideration ald the suitwas dismissedas} withdrawn. Thus,^{the societyhas establishedpossessorytitle' andno} one, including the tmst,^{can claim bettertitle than the society' The} AICTE'srequirementunderRegulation6.l7(bloftheAPHissatisfied

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by valid document under the Transfer of Property Act or other applicable law. The petitioners have complied with the requirements through possessory title recognized under Article 741 of the Constitution. The societ5r could not execute a formal sale deed due to pending legal proceedings. It is further submitted that in view of the order passed by the Hon'ble Supreme Court directing to maintain status quo further alienation of the propert5r has been prevented. However, those proceedings do not affect the possessory title of the society. The claim of the respondents that the petitioner-society is not in possession of Ac.6-00gts of land is false. Although proceedings under Section 145 CrPC initially granted possession to S.V.Nagaraja Reddy, those orders were challenged and set aside in the judgment dated i8.O6.2007 passed in CCCA No.21 of 2004. As a result, the petitioner-society retains possession of entire land admeasuring Ac.24.lO gts. The focus of the AICTE to produce building plals and Occupancy Certif,icates is irrelevant to the complaint. Further, the petitioner has produced building plans and Fire Services Certificate, structural stability ald fitness certificates confirming compliance rrith regulatory requirements. The AICTE's infrastructure requirements aim to ensure building safet5r and adequate facilities and the petitioner society meets those standards, as confirmed in the inspection report, 2024 and there is no allegation of unsafe structures or inadequate infrastmcture. Thus, the action of the

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AICTE amounts^{to an impermissiblereview of title disputes'which is} not within its^{jurisdiction.Withdrawing approval despitecomplialce} would cause significant^{hardshipto over 6,000 studentspresently} enrolled in the^{petitioner-institution'The AICTE has consistently} granted approvals to^{the institution since its inception in the year} 1987. ln the Year 2012,^{tine AICTE defendedthose approvalsin} response to legal^{challenges, and theCourts upheld them'} recognizing the AlCTE's^{awarenessof the title disputesThe AICTE} cannotnowrevisitorrevokethoseapprovalsarbltrarily.Thusthe learned senior counsel^{submitsthat the constitutionof the Two-Man} Justice committee^{and the impugned order are without.iurisdiction} and failure to^{providecommittee's report violatesprinciples of} natural^justice, and.^{the AICTtr'sattemptto conducta title inquiryis} unlawful. Further,^{thepetitioner societysatisfteclallthe} requirements of AICTE^{including title al]d infrastructure:norms' In} support of his submissions,^{learned Senior Counselrelied upon the} decisions uiz., ECIL u.^{B.Karun@kar1,Hyderabad Potteriesus'} Collectorz, P.Subba Rolo^{us, The HgderabadMetropolitan} Deoelopment Authoritg^{(HMDA)3,K. Paaqn RoJ us' MCHa, Rome}

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I (i993) 4 scc 727 '20o1^{(3) ALD 5oo} I Common Judg,nent dated l7.l t.2022 passed in Writ Appeal Nos 513 and 516 ot2022 by the DMsion Bench of this^Court. o (2oo8) 1 ALD 792

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Gowds us, M.Varad,appa Nqidus and^poona Rom us. Moti Rama

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dnd ultimately prayed to allow the writ petitions.

¶291

Mr.B. Chandrasen Reddy, learned Senior Counsel appearing for the petitioners in W.P.No.8877 of 2079 vehemently contended that the petitioners purchased the propert5z under registered sale deeds ald they have also instituted a suit vide O.S.No.496 of 2015, wherein initially injunction was granted and the same was reversed vide judgment dated 29.12.2016 passed in Civil Miscellaneous Appeal No.364, 365, 430 and 438 of 2076 by a Division Bench of this Court. Questioning the same, the petitioners in W.P.No.8 BZZ of 2019 filed 5.L.P.No.7777 of 2077 on the file of Hon'ble Supreme Court and the same was disposed of uide order dated 24.04.2017 directing both parties to maintain status quo in a-ll respects. It is further submitted that exemption proceedings issued by the Government in favour of the petitioner-Society under 20(1)(b) of the ULC Act, 1976 vide G.O.Ms.No.459 dated 26.03.2008 has been assailed in WP No. 19297 of 2076 and this Court vide interim order dated 21.O6.2016 in WP MP No.23672 of 2016 suspended the said exemption orders in respect of the land claimed by the petitioners in W.P.No.19291 of 2O16 i.e, plaintiffs in O.S.No.496 of 2015. Therefore, the petitioner society is not entitled to say that it is the

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'(2oo4) 1 SCC 769 6 (2C.79' 1 1 SCC 309

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owner/ agreement^{holder of the property,more particulariy} '^{when the} validify or otherwise^{of the exemption orders is subjudtce before the} Court. It is further^{contended that the property in questlon has been} purchased by the^{petitionersin W.P'No8877 of 2Ol9and as such'} theyarehavinglocustoagitatetheirgrievancesbeforealltheforums including AICTE,^{whichgranted approval in favour of the society} based on invalid documents^{and contrary to the AICTE Regulations'} It is further submitted^{that as petitionersociety failed to fulfi1the} requirementsofAlCTtrRegulations,theAICTEisconferredwiththe power of withdrawal of Approval.^{The societyhaving} Jrarticipated before the expert^{committee/Two-Man Justice Commil-teeisnot} having right to dispute^{the opinion renderedby the said Committee} for contemplating the^{impugned actionby the AICTE' and Writ} Petition Nos.17148,^{17161 and 17168 of 2017 hled by the petitioner-} society are not maintainable.

¶295

On the other hand,^{Mr. K.VivekReddy,learned Senior Counsel} appearing for the AICTE^{would submit that AICTE being the} statutory authority is empowered^{under the Regulations1o insistthe} institutions to produce the^{documents to the satisfactionof the} requirements of Approval^{as prescribed in Clause 4 9(a) of AIl India} Council for Technical Education^{(Grant of Approvalsfor Technical} Institutions) Regulations, 202O. It is^{also submitted1-hatall the}

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existing educational institutions shall invariably fulfill the conditions imposed in Clause 6. 17(a)(b) of AICTE Regulations and all the new institutions have to fulhll the requirements of Clause 1.5.1(a)(b)(c). It is further submitted that as per Clause 4.9 of the AICTE Regulations, all the Technical Institutions shall fulfil the requisite norms as specilied in the Approval Process Handbook and further produce the documents showing ownership of Land/Buiiding as per the provisions of Section 8 of the Transfer of Property Act, 1882 or any other Law for the time being in force relating to transfer of property to or by Companies, Associations or bodies of individuals, in the name of the Applicant in the form of Registered Settlement Deed/ Registered Sale Deed/ Irrevocable Gift Deed (Registered)/ Irrevocable Government/ Private l,ease Deed (Registered) (for a period of minimum 3O years with at least 25 years of live Lease at the time of submission of application). It is also stated that as per Clause 5.6(h) of AICTE Regulations, for extension of Approval, the institutions have to file an affidavit that institutions will abide all the terms and conditions laid down in the Approval Process Handbook, issued from time to time stating that the declaration of information and documents submitted for Extension of Approval is true, complete and nothing is false and that there is no dispute pertaining to the land arrd if any information is found to be false, misleading, the AICTE shall free to take any action, including withdrawal of the Approval lt

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is stated that^{the afiidavit filed by the petitioner is in the nature of} half disclosure of^{the facts about pendency of the litigation and as} such, the AICTE is^{conferred with the power for withdra'walof the} approval. It is further^{submitted by the learned Senior Cc'unselthat} in the reply filed^{before the Two-ManJustice Committee'the} petitioners admitted that^{they do not haveownershipdo<:umentsin} their name and^{have not produced the approved building plans} issuedbytheGHMCortheOccupancyCertificatesasrequiredunder the MunicipaLities^{Act. Therefore,in the absenceof these clocuments'} the petitioner society^{cannot assert that ithas complit:dwith all} requirements relating to^{ownership,title, and built-upa-rea details} concerningtheinstitutions,asstatedintheiraffidavitOnthis ground alone, the petitioner^{society is not entitled to the grant of} Approval or Extension of^{Approval. The learned SeniorCounsel} further contend s that the^{AICTEhas not adjudicaterl any title} disputes but has required^{the petitioner tocomply withthe} instructions in the^{Handbookand provide valid title dot;umentsas} per AICTE Regulations. It is^{also submittedthat, since the AICTE} lacks the technical^{expertise toconclude thatthe documents} provided by the petitioner^{societyconfer ownershiporlawfu1} possession, a Committee has been^{constituted to renderan opinion} on the documents submitted^{for appropriate action. This action does} not amount to violation of the^{petitioner'sguaranteedrights; rather,}

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it reflects an appreciation of the case from a proper perspective. It is further submitted that, as the petitioner society was given an opportunity to submit the necessary documents with sufhcient time, this does not constitute punitive action against the petitioner. Therefore, the petitioner has not made a case to claim that the nonfurnishing of copy of the Opinion/ Report violates the principles of natural justice, as the petitioner's rights have not been adversely affected by the report. In fact, granting of the initial approval itself is iegaliy unsound, ald this cannot be perpetuated through continuous renewals. In the absence of any illegality or legal inhrmities in the impugned orders, this Court, in its summary jurisdiction, cannot arrive at a conclusion to review the decision taken by an authority constituted under the Statute. In support of his submissions, learned Senior Counsel relied upon the decisions viz., Po,rshaanath Chqritable Trust and others us. All Indiq Council tor Technico,l Education and othersT, AICTE a, Surinder Kumar Dhautane, A.M. Kanniappa a. AICTEe, AP Christian Medical Societg a. Gout. oJl AP1o, Dr. Ambedkar Institute o. Vaibhaa Singhll, Haryana

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'^{(2013) 3 scc38s}

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'^{(2oo9)1 1 scc 726}

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'(1998)^{SCCOnlineMad 1673}

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'o^{(r986)2 scc 667}

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''^{(2oo9)1 scc s9}

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Financic.l Corp. a.^{Ko:ilashl2,Atigarh Muslim Uniuersitga'} Mansoor Alils^{and GaddeVenkateshwo;ra Rop u' Gout' of AI'14 '}

¶309

Ig. Mr.M.Govind^{Reddy, learned counsel appearing forthe} respondents^{submitted that his clients are successorsol the Trust} and in the absence^{of their consent, any sale or agreementcreated in} favour of the^{petitionersociety is invalid' It is argr-re<l that the} petitioner socicty is not^{entitled to claim any rights of the Trust'} unless its right^{is established before a competentCourt Therefore'it} has no basis to^{claim ownership,and its alleged possession cannot} be considered lawful^{under the AICTE Regulations. consequently,} the action taken^{by the AICTEin withdrawingapproval is legal and} does not warrant^{interferencein the lightof the facts of tlre case and} ultimately prayed^{for dismissalof the writ petitions'}

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Before adverting^{to the various issues raised in this batch of} writ petitions, this Court^{d.eems itappropriate to examinethe} provisions of AICTE Act^{and the Regulations made thereunder for} granting Approvais to technical^{institutions'}

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2T.ItisapttorefertheobjectoftheAlllndiaCouncilfcrrTechnical Eclucation Act-, 1987^{(for short "AICTE Act") and the Reguiations} issued thereunder from^{time totime for granting Approvalsto}

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''^{(2008) 9 scca 1} [ (2ooo) 7 scc 529 ro AIR 1966 sc 828

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technicai educational institutions. The Parliament enacted the AICTE Act in the year 1987 with a view to organizing the technical education system throughout the country, promoting qualitative improvement in education, and regulating and maintaining norms and standards in the technical education system. Section 3 of the AICTE Act provides for establishment of Al1 India Council for Technical Education. Section 10 of the AICTE Act deals with functions of the Council and it shall be the duty of the Council to take all such steps as it may think fit for ensuring coordinated and integrated development of technical education and maintenalce of standards and for the purposes of performing its functions under the Act. Section 10(i) states that the Council may lay down norms and standards for courses, curricula, physical and instmctional facilities, staff pattern, staff qualifications, quality instructions, assessment ald examinations. As per Section 1O(r), the Council shall take steps to strengthen the existing organisations, and to set up new organisations to ensure effective discharge of the Councils responsibilities and to create positions of professional, technical and supporting staff based on requirements. Section 23 of the AICTE Act, confers power on the council by notification in the Official Gazette to make regulations and the Rules to carry out purposes ofthe Act.

¶315

As^{per the AICTE Approval ProcessHandbook (APH) for the} academic year 2012-13,^{all existing institutionswere mrrndated to} comply with the^{provisions of AICTE Act, 1987 which outlines} specihc requirements^{necessary to establish and operate technical} education^{programsin Iadia.Clause No 2'4(a)of APH states that the} promoter society/trust/A^{company established under Section 25 of} CompaniesActlg56,ofanewtechnica'lEducationlnstitutionshall have the land^{as requiredand prescribedin its iawfulpossession} with clear title in the^{nalne of the promoter society/trust/Acompany} established under^{Section 25 of CompaniesAct 1956, on or before} the date of submission^{of application'}

¶316

In exercise of^{its powers conferredundersub-section (1) of} Section 23 read with^{Section 10 and Section 1l of the AICTEAct'} and in supersession^{of the A11 India council for Technical Education} (Grant of Approvals for the Technical^{Institutions)Regulations, 2OI2} regarding grant of approval^{for startingnew Technicalinstitutions'} introduction of courses or^{Programmesand increase/variations of} intake capacitlr' of^{seats for the Courses or Prograrnmes,Extensionof} Approval, the Al1 India^{Councilfor TechnicalEducationframed} Regulations called as^{.,A11 India council for TechnicalEducation} (Grant of Approvals for Technical Institutions)^{Regulations,2016"As} per Clause 4.11 of Regulations,^{2076, the Council sha11 pr-rblish,from}

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time to time, Approvai Process Handbook detailing the documents to be attached to the application, the fee to be remitted, the norms and standards, requirements and the procedure by which the applications are processed for grant of approvai of existing Institutions/Promoters. As per Clause 4.12 of Regulations, 20i6 the applications received under Clauses 4.1 and 4.2 of Regulations sha_ll be processed as per the procedures, norms and standards prescribed in the Approval Process Handbook as notihed by the Council from time to time in addition to the existing Central, State and Local Laws. As per Clause 4.35, the applicants are expected to provide the Council true and complete information and documents required for various purposes. If the information given andf or the documents provided to the Council are found to be false, incomplete and/or the applicants have failed to disclose factual information and, f or suppressed/misrepresented the information, the Council shall initiate action including Withdrawal of Approval/or any other action as deemed necessary against the applicants. As per Ctause 4.36, AICTE sha,ll a,lso conduct from time to timi inspections with or without noti$ring dates in such cases where specifrc complaints of falsification of documents, misrepresentation, violation of norms of standards, malpractices, etc. are received. Clause 6 of the Regulations specif,rcally deals with the requirement of the land and built-up area. Clause 6.I states that the Promoter Society/Trust/

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Company of^{a new Technical EducationInstitution shall have the} required land^{as mentioned in ApprovalProcessHandbrrokin its} lawful^{possessionwith clear titie in the name of PromoterSociety/} Trust/ Company^{on or beforethe date of submission of application'} Further to that^{itshallbe open for the Promoter Society/Trust/} Company to^{the proposedInstitutionto mortgagethe land after the} receipt of^{letter of approval, only for raising the resources for the} purpose of cleveloPment^ofthe Technical Education^Institution to that it^{sha1l be oPen for the} situated on that^land.Further Promoter Society/Trust/^{Company of the existing Institution to run} other Educational^{courses/Institutions (Technical/Non-Technical)in} the surplus land^{arising out of prevailing/ reducednorrnsof land} requirement.^{However, such surplus land can be used as per the} Iand use certilicate^{given to the society/Trust/companyby the} concerned authority^{subject to such Courses/Institutionshaving} their own facilities^{to conduct such Programmes withoutsharing the} essential faclllties^{such as class room, laboratory etc. withthe} already approved^{Technical Institution'However' Common amenities} such as Canteen,^{Auditorium,Playground, Parking' etc' may be} shared^{provided it caters to all the students of all the Programmes'} Clause 8 which deals^{with withdrawal of Approval states that if any} Technical Institution^{contravenes any of the provisionsof relevant} Regulations, the Council^{after making appropriate inquiry through}

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Standing Hearing Committee (SHC) and after providing an opportunity of being heard through the Standing Appellate Committee (SAC) shall withdraw the approval gralted. In case of Withdrawal of Approval to the Institution, the Technical Institution/ Society/Trust/Company shall apply afresh for approval after completion of two Academic Years for setting up a new Institution as per the procedure defined in Approval Process Handbook. Clause 1 1 which deals with Complaint Cases states that in case of receipt of any complaint(s) about an Institution, the same shall be processed by Grievance Redressal Cell (GRC) of AICTE. The complaint shall be placed before a Standing Complaint Scrutiny Committee (SCSC) for further necessary action. If necessary the complainant may be called to appear before SCSC at his/her own cost. Based on the recommendation of SCSC, a warning or Show Cause Notice may be issued to the Institution or EVC may be conducted. If an EVC was conducted or Show Cause notice was issued based on complaints, the same shall be placed before the Standing Hearing Committee (SHC). A representative of the Institution shall be called to place their point of view before the Standing Hearing Committee. If necessary, the complainart may be called to appear before SHC at his/her own cost. The recommendations of SHC shall be piaced before the EC for approval. The decision of the EC shall be communicated to the Institution by a

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detailed Speaking^{Order. Ifthe Institutionisaggriev'rdbythe} decision of the^{EC, the Institutionsha]l have the right to appealas} per the procedtLre in^{Chapter I of ApprovalProcess Handbook'}

¶325

The^{petrtioner-institutionwas established as society arrd} registered under the^{provisionsof the SocietiesRegistration Act'} 1860. Originally^{the land admeasuring Ac 24'lOgts situal'edat Road} No.3, Banjara Hills,^{Hyderabad, belonged to LateNawab Mir Usman} Ali Khan Bahadur,^{HEH Nizam-VII, Hyderabad lt is statedthat HEH} Nizam-VII formed^{a Tr-ustin the narne of MoazzamJah Trust in the} yearlg4g.Thepetitionersocietyhasobtainedthelandilritiallyasa tenant and subsequently,^{claiming rightas an agreementholder from} the said Tr-us1.^{The Government issued a Memo No'61!)/1D/77-42} dated 25.09.1980,^{whichreads as under:}

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GOVERNMENT^{OFANDHRA PRADESH} INDUSTRIES AND COMMERCE^{(ID) DEPARTMENT,}

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Memorandum No.619/ ID/^77-42 Dated 25 9-198O.

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Sub: - Land Acquisitioru^{- RangaReddg District' ShaikpetVillaqe -} Building " Mount Pleasant"^{in BanjaraHills in possession o/} Blutrat Heaug Etecticals Ltd.^{' Handingouer to the Piruce} Mussan Jah Trust^{- Instructions- Issued}

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Ref:- 1) From the General^{ManageL Hanagement Deuelopment} Institute, Bharat HeoL,A^{ElecticqlsLtd., Secunderabaal,lelTer} No. BHE/ MDU OM/ 30,^{clqted 2-6 1980.}

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1. From the Secretary,^{Prince MuzzamJan Trust, Hgderabad,} letter dated 18 9-1980 to the^{Secretary to Gouernment} Industies^qnd Commerce^Department.

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The GoDemment haue considered the request made by the prince Muzzan Jah Tntst, HAderabod in their letter second cited to retum the building^"Mount Pleasant" in Banjcra Htlls couered bg Land Acquisition Proceedings in G.O.Rt.No.388, Ind. & Com. Dept., dated 4-9 1926 and G.O.RI. No.928, Ind. & Com. Dept-, d.ated 31-8-1929, noul in possession of M/ s.Bharat Heaug Electicals Ltd., Secunderabad to the aboue Trust to start an Engineeing Cotlege, recentlg sanctioned by Gouernment. The Gouentment hque considered the request and decided that the buitding maA be taken possession of from M/ s.Bharat Heaug Electicals Ltd., Secunderabad and returned. to Pince Muzzam Jah Trust for making it auailable for starting an Engineertng College recentlg sanctioned bg Gouernment, as decided by the Trust.

¶333

The Dtstict Collector, R<tnga Reddg District is requested to take possession of the said building from M/ s. Bharat Heaug Electicak Ltd., Secunderabad- and return it to the aboue Trust immediatetg and report comptiance to Gov e mme nt.

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B. PRATAP REDDY, S EC RETARY TO C,OVE R N ME N'1.

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The Distict Collector,

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Rang are ddg Distict, H g derabad.

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Copg to the Special Deputg Collector, Land Acquisition (lndusties), Hgderabad

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Copg to the Secretary, Pince Muzzam Jah Trust, Parade Villa, Hgderabad 1.

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CopA to the General Manager, Management Deuelopment Institute, 39, Sarojini deui Road, Secunderabad 5O0OO3."

¶341

A careful reading of the aforesaid memo reveals that the "Mount Pleasant" building in Banjara Hills, acquired by the Government through Land Acquisition Proceedings via G.O.Rt.No.388, Industries & Commerce Department, dated 4-91976, and G.O.Rt.No.928, Industries & Commerce Department, dated 31-B-1979, and the possession of which was with M/s. Bharat Heavy Electricals Ltd., Secunderabad, was handed over to the Prince Moazzam Jah Trust for establishing an Engineering College. Except

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issuing the said^{Memo, the Government has not executed any} conveyance deed^{transferring the property in favour of the petitioner-} society complying the^{provisionsof Transfer of Property Act' 1882'} There is no material on^{record to show that the land acquired as} stated in the Memo^{dated 25.O9.198Owas released in fa'rourof the} petitioner on payment of^{market valueor any conveyancedeed was} executed. The^{GovernmentvideG.O.Ms.No'459dated 26'03'2008} granted exemption under^{Section20(1)(b)of the ULC Act, subject to} petitioner society utilizing^{the exempted lald for running<:ducational} institution and it^{should not be leased out without prior permission} of the Government.^{Admittedly,as on date, there is no valid transfer} in favour of the society,^{strictlyfollowingthe provisions of Transfer of} Property Act, 1882.^{Further, in Appendix17 of the Approval Process} Handbook 2ol6-t7, Clause^{17.0 deals withdocuments tobe} submitted for issuance^{ofExtensionofApproval oftrxisting} Institutions. The required^{documents are:}

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i) A copg of the Registrotion^{Cetlifi.cdte andTrust Deed /Registratton} CeftiJicate of the Society.

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ii) Memorandum of Assoctation^{and Rules.}

¶346

iii) Detqits of Board of^{Gouemorsof the Instituteconstifr)tedas per} AppendLr 18.

¶347

iu) The registrotion document^{establishing that the lqnd on u;hich the} *n "rn i technical lnstitutton^{is located is in legal possessiono/} sponsoing trust / soctetA^{as the case magbe;}

¶348

u) lnnd use Certirtcate establishing^{that CompetentAuthoitghas} allolred the use of the^{lond on tuhich the concernedlnstitutioni:; located} is for ed.ucational purpose and for^{the purpose of establishmentof the} In s tiht tio n c^o nc^e nte d.

¶349

¶350

ui) Khasro plan (Master plan) to show that the land is contiguous issued bg the Competent AuthoitA.

¶351

uii) Final building and floor plan dutg approued bg the competent authoitA.

¶352

uiii) Certificate from an qrchitect registered uith Council of Architecture regarding total built up area of the buitding and carpet area of each room.

¶353

*) The Letter of Approua| initiallg giuen bA the AICTE, at the time of establishment of the hstitution approued bg the AICTE;"

¶354

After the AICTE Act, came into force, the petitioner institution has made an application for granting Extension of Approval. The AICTE, relying on the affidavit filed and documents enclosed has granted Extension of Approval to the petitioner-institutions. Whileso, petitioners in W.P.No. 19297 of 2O16 (plaintiffs in O.S.No.496 of 2015) has submitted a complaint on the file of the AICTE stating that the petitioner society has not submitted vaiid documents either for title or for possession for seeking approval or extension of Approva,l as per the provisions of the AICTE Act or complied with the AICTE Regulations and requested to cancel the Grant of Approval/ Extension of Approval. Acting on the said complaint, AICTE has issued notice to the petitioner society vide proceedings in reference No.CVO/AICTE/2o10lSCRO/16(SUUS)79(i1],11412 directing to appear before the One-Man Committee for enquiring into the said complaint. It is stated that the petitioner society has submitted a detailed reply dated 15.03.2016 to the Committee constituted by the AICTE, stating the facts relating to the title and possession of the

¶355

¶356

society. Pending^{adjudicationof the said complaint' the alleged} successors, Ameena^{Merziaand Ooliya Kulsum claimingthatthey} are the successors /^{benehciaries ofthe Trust had submitted a} complaint stating that^{the society is not having any right overthe} properties and the^{colleges and requested the AICTI1 totake} necessary action. It^{is stated that the petitionerhas submitteda} detailed reply^{to the said compiaintbeforethe Committeet:onstituted} by the AICTE on²⁹ '71^{.2016. Since the complicated issuesare} invoived to decide^{the vaiidityof the documents and as the AICTE is} not expertised^{to decide such issues, a Two-ManJusticeCommittee} headed by Justice^{N.L.Tibrewal (Retired Acting ChiefJustice of} Rajasthan High^{Court) and Sri G'Shankar, Architect'was} constituted for rendering^{opinionon the claims of inter se parties'}

¶357

27 . The Expert^{Committee has issued notice to both llarties and} afforded an opportunity^{ofpersonaihearing and directed the} petitioner-society to submit^{the following documents:}

¶358

(i) The otunerstrip/ land. title^{documefttstuith regardto the [cnd and} iuilding meant for^{running the aboue three institutions approued bg the} AICTE.

¶359

(ii) Approued buitding ptan of all^{the buildings ttthichQre related to the} 'insaf,)tions opprorribg the AIcfE along uith the dtuision of larul for eoch of the approued^{instidttions. A competentarchitect registered tuith} the C6uncil oi Architecate^{neecl to sign the documents atong Luith} mandatory approuals Jrom^{locat municipal authoities'}

¶360

(ii) The comptetion certificate from the^{Competent AuthoitALUit4 regard} ti tn" a"ifairg" meant for the^{aboue three educ.ttionalinstitutions} approued bA the AICTE.

¶361

¶362

It is revealed from the record that in terms of the directions issued by the Two Man Justice Committee, the petitioner has not produced any document and in fact the petitioner's representative admitted that tl.e society/ institute is not having ownership of the land and as such no building plain is salctioned in favour of the societ5r by the competent authodty. Except stating that the civil suits vide O.S.No.496 of 2015 and O.S.No.387 of 2O06 instituted in respect of the subjects lalds are pending, the petitioner society has failed to produce the documents. As there is no other option, the Committee directed the Regional Officer, SCRO, AICTE, to produce the photocopies of the following documents relating to approvals granted to the petitioner societ5r, as mentioned below:

¶363

"(i) Land title documents showing ownership submitted bg the instttutes at tlrc time of rt,rst approuql granted bg the AICTE or subsequentlg .

¶364

(ii) Copies of the Approued butldtng plan bg the Competent AuthoritA of atl the three instttutes referred to aboue.

¶365

¶366

(iu) Land requirements as per AICTE r"onns at the time of first approual.

¶367

(u) Copg of todag's proceedings be also sent to both the complainants and the society/instifittes uthile intimattng them nert date of heaing."

¶368

The Two-Man Justice Committee a-fter considering the entire

¶369

records relating to Grant of Approval and pending cases on the file of the various forums and after meticulous examination of the AICTE

¶370

¶371

Regulations,submittedadetailedreport.Thecrucialobservationsof

¶372

the Committee as recorded^{in the Report,are extracted hereunder:}

¶373

"fl From the^{qboue discLtsstons/ obseruationsit cqn be safelgcortcluded} iiat the aboue Societg/^{Institufronsneither had nor haue ang title of} orunership it^their fauour^{tahich is mandatorA} for^{approual/ extension of} approual bA the AICTE.

¶374

It maA be further^{obseruedthat this aspectu)asrlot} ,considered^{at cng} fime bl the-concerned^{officersof theAICTEeither at the time of granttng} -Extension first^{af,prouat to the aboDethreeinstitlltionsor thereafterwhile granting} oJ Approuat for the^{reason'sbestknoun to them'}

¶375

g) From the discussiotrs^{made earlier,it is} further^{clea'r thotthere is no} -ipproued buitding ptan of the tnstiatdor. bA the Competent Auth(titA, as uell,

¶376

OccupancA Certifi.cate tlhich^{are also mandatory recluirements} for^gront of approuals and^{extension of approuals,}

¶377

Recotl,;rnendo'tionsi

¶378

Based on the aboue obseruations^{and conclusions, it is tecommended} thrrt a coplt of this finot^{report be} fonarded^{to the APproualBureau uith} c,lt documents submitted^bg the^{parties to proceed to tqke Gctionagainst} the ir'stih.Llions.

¶379

Note: So far the Engineeing^{cotlege is concernedit is} functioning^{,'rom the} Aear^{1982 or so and taking thisaspectin con-sideration, the AICTE rnag} giue sometine to the SocietA cond.ucting^{the said institution} for^getting proper Registered Conuegance Deed of^{ownershipin its} fcluour irom^the -cuient owners of the land. Houeuer the other tluo inshtufions hotte been skLrted subseE tentlA afier the^{AICTEuas constitutedunder the Act of} Parllament, as such, the^other tuo^{insfitufions are not entitledto get anA} fauour for^{grant of time.Horteuer it is for the Approual Bureau or the} -Compeient Authoitg of the AICTE to take action under the t\pproual Process Harrdbook.

¶380

A copA of this report be sent to^{Approual BureautodaA} for^{doing the} needfitt.

¶381

Sd/ -:cxxxx Justtce^(Retd.) N.L.^Tibreutat Chairman

¶382

Sd/ x-t-tx'r. Slum Shri G. Shantkar, Architect^(Member)".

¶383

On keen examination of the^{observationsof the Committee}

¶384

would reveal that from the inception of^{establishment ofthe}

¶385

¶386

petitioner-society, it was not having valid documents in its favour. The case of the petitioner society is that the Government vide Memo No.619 /lD /77-42 d.ated. 25.09.1980 has re-delivered/handed over the land acquired vide G.O.Rt.No.388, Ind. & Com. Dept., dated 4-91,976 and, G.O.Rt.No.928, Ind. & Com. Dept., dated 3t-8-1979. Except producing the said memo dated 25.09.1980, the petitioner society has not filed any documents or the conveyance deed. It is settled law that the acquired property vested in the State is free from all encumbrances unless the petitioner society or their alleged vendor (Trust) produces any conveyance deed trarisferring the property. Be that as it mag, as per Clause 6 of the AICTE Regulations, 2016, the petitioner has to submit documents relating to title and lawful possession. As rightly contended by the learned Senior Counsel appearing for the AICTE, the Two-Man Justice Committee (Expert Committee) except suggesting that the documents produced by the petitioner does not satisfu the requirements of the AICTE Regulations for granting approvai, has not decided the validity or otherwise of the title of inter se parties. Further, the petitioner was provided ample opportunity to produce documents to demonstrate compliance with the conditions, specifically regarding whether sanctioned permission for the construction of the buildings had been obtained. In fact, the representative of the petitioner who appeared before the Committee on 02.09.2016 had admitted that ownership of the lard does not vest

¶387

¶388

in the petitioner^{societ5land as such, no buildingplal is sanctioned} in favour of^{the society/institute by the Competent Authorityln} view of the admission^{by the petitioner societlr,there is nothing} erroneous in the^{observations made by the Expert Committee(Two-} Member Justice^{Committee)and the Iindingsrecordedin the report'} which indicate^{that the petitioner societyhas not complied with the} AICTE regulations.^{The decisionhECIL as' B' Karunkar'scase} (supra) is not applicable^{to the factsof the presentca'se' as the} petitioner society^{was present before the Committeeand admitted} that it does not^{possessany valid documentsof ownership or} construction^{permissions.The non-supply of copy of expert report} does not vitiate^{the impugned orders as the petitionersoclet5r was} given reasonable opportunity^{toproducethedocuments} Furthermore, in line^{with the Committee's recommendations'the} respondents have not^{canceledthe approval but have oulygranted} time to the^{petitioner institutionto comply with the regulations} Further, in Stcite^{Bank of Patiala and others as' S'K'Sharmals'} theHon'bleApexCourtclarifiedthattheprincipleslaiddowninECIL us. Karunkar^{case (supra), calnot be putinto astrait-jacket} formula and its applicability^{depends upon the context atrd the facts} and circumstances of the^{case' AICTE has provided allthe} reasonable opportunities to^{the petitioner societysuch as issuing}

¶389

't^{(1996)3 sccaoq}

¶390

3',7

¶391

show cause notice dated 01.11.2016 and thereafter, appointed the expert committee for rendering opinion on the documents submitted by the petitioner societ5r and procedure adopted by the AICTE is inconsonance with the principles of natural justice and no prejudice is caused to the petitioner on account of non-furnishing the copy of the Two Man Justice Committee Report and even in the absence of said report alSo, invariably the petitioner has to fulhl the requirements of producing the title deeds, relating to ownership and possession in terms of Section 8 of the Transfer Propert5r Act.

¶392

In the case of Pa,rshoanath Charitable Trust as AICTE

¶393

(supra), the Hon'ble Apex Court observed as under:

¶394

"25.^{It is alsoia settled pinciple that the regulations} framed bA^the Central duthoities such as Arcre hque the force of law and are binding on all concerned. Once approual is granted or declined by such expert bodA, the courts raould normallV not substitute their uiew in this regard. Sttch expert uieus uould normallg be accepted bg the court unless the pouers uested in such expert bo[g are exeicised arbitrarilg, capiciouslg or in q manner impermtssible under the Regulations and. the ArcTE AcL In All India Council for^{Technical Educqtionu. SuinderKumar Dhqu.nn} IPOO9)^{11 SCC7261} , this Court, uhite stating the pinciples that the courts maA not substitute their opinion in place of the opinion of the Counctt, held as und-er: (SCC pp. 732-33 & 736, paras 17-18 A 32)

¶395

"17.The role of statubry expert bodies on education and the role of courts are uell defined.bg a simple rule. If it is a question oJ educattorual policy or an isiue inuoluing academic mctter, the courts keep their hands off. If ang prouision of la u.t or pincipte of latu has to be interpreted., applied or enforced, uith reference to or connected uith education, the courts uill step in. InJ.P. Kulshrestha u. Allahabad Uniuersitg [(1980) 3 SCC 418 : 1980 SCC (L&S) 436 : (1980) 2 LIJ 1751 this Court obserued: (SCC pp. 424-26, paras 11-17)

¶396

'11....Jud.ges muit not rush in uhere euen educationists feqr to tread....

¶397

... White there is no absolute ban, tt is a nie of prudence that courts shauld hesitqte to dislodge d.ecisions of academic bodies.'

¶398

¶399

(emPhasis suPPtied)

¶400

In Mdhorqshtra^{StateBoard of Secondargcnd HtgherSecondary} Educotion u.^{Pcritosh BhupeshhtmarSheth} [(1984)^{4 SCC27 : (1985) 1 SCR} 2gl this Coutl reiterated:^{(SCCpp.56-57,paro29)}

¶401

'2g. ... tlre Court should^{be extremetgretuctqntto substittttc' its oun} uiews as to^{Luhotiswtse, prud.ent and proper inrelation to academic} matters in^{preferenceto thosb} formulated^{bg professional men p:ssessing} technicctl "rpi,ti". and.^{/Lchixperience of actualdaA-,to-d'qAu'orking of} educationqlinstittttions^{and.tte departments controlling them'}

¶402

?his is a clossic^{casewhere qn educationalcourse hos becn created} qnd. continuetl merelg bg the fiat ofthe court,^{t-uithoutang priorst/rtutoryor} acad.emic eualuation or^{dssessmen, or acceptance' Grantingapprouatfor a} uarious neu.) course or^{progrqmmerequires examinationof} academic/ technical ficetl^{tthichcan onlg be doneby an expertbodA} like ArcrE. This itnition^{cannot obuiouslybe takenoueror dtsclrurgedbg} couris. In this case, for^{example,bg a mandamus of the court'a bidge} course was permittid for foir-year^{aduance diptoma-holders uho hctd} passed the eitry-leuet ixaminqtton^{of 1O+2 with PCMsubjectsT'hereafter,} irL another cose, uhat^{u.)as a one-timeme(Lsurewas} 'bg onother ^ord-o^u" elxtended for seueral^{gears andu'to,salso extend"ed to post diploma-holders'} Again bA another mindamus,^{it tuasertendedto those uho hod passed} oitg t6*l examin(7tion^{instead.ofth-e reEtiredminimumof1O+2} eximination. Each direction^{utasobuiouslyintendedto giue relieftct students} u.tho wqnted" to^better their^{career prospects,purelg as an ad hoc meqsure'} But together theg lead to^{an unintendeddilutionof educational standards,} ad.uerieLg afJecting the^{standards and qtalitgof engineeingdegree courses'} Courts siould guard^{o'gainstsuchforags in the} field^{of education"}

¶403

(emPhosis n oiginal)

¶404

We hque alreadg^{noticed thatthe comptionceuith the cond[tionsfor} approual as well os regulations^{and prouisions of theAicte} '{ct^{is an} iiexceptionable condition-^{Clquse 9.22 of the Handbookof ApprotalProcess} issued by Aicte^{prouides a completeprocedt.Lre} for^{change of location,stqtion} and the same is^{pennissible subjectto complionceutth the procedure lt} contemplates obiaining of "no-obiection^certifcate" Irom^theStqte Goueiment or^IJT AdmTnistration^{andalfiliating bodg concernedThe sam'e} cleuse a[so requtres^{submissionof the lan-d. d-ocumentsin oiginaland} clearlg prouirlei that the^{samemag be a registered saled-eed,trreuocable} goueiment lease for a minimtm^{period.of 3O. years,etc'} .bg^{the authoitg} 'concemed of the Gouernment. Further, it prouides that site plat4 building ptan for neut site should be^{preparedbg a regtstered architectand shouldbe} 'approued bg the competeit plan sanctioning authoifu designaled bA the State.

¶405

It is further to be seen that^{meregranting ofpermission/} approval at the initiai stage,^{or subsequent extension thereof,does} not confer arry vested right. The^{AICTEis empoweredto conduct}

¶406

¶407

periodic inspections to verify whether the petitioner-society has met all requirements as per the undertaking furnished in the prescribed proforma. The Society is not entitled to compel the AICTE to grant approval or extension, nor can it seek a declaration from this Court that the AICTE's action is arbitrary or illegal. The said contention is nothing but compelling the respondent-authority to repeat an illegality or to issue another unwarranted order. The Hon,ble Supreme Court in Chandigarh Admn. us. Jagjit Singlrr6, has observed that " illegal or unu)arranted order cannot be made the basis of issuing a uit compelling the respondent-authoity to repeat the illegalitg or to pass another unutanranted order. The extraordinary and discretionary pouer of the High Court cannot be exercised for such a purpose."

¶408

Chapter IV of Approval Process Hand Book for the Academic Year 2016-20 17, confers power on the AICTE for withdrawal of the Approval, if aly of the Regulations are violated. The following points wouid clarify that the petitioner societ5r has not fulfilled the requirements of AICTE Act and the Regulations made thereunder:

¶409

i) The Government vide Memo No.619 /ID /77-a2 dated 25.09 .1980 decided that the "Mount Pieasant" building in Banjara Hills covered by Land Acquisition Proceedings in

¶410

'trrsy^{r scc zas}

¶411

¶412

G.O.Rt.No.388, Ind' &^{Com. Dept, dated 4-9-1976 and} G.O.Rt.No.928, Ind.^{& Com. Dept, dated 31-8-1979' which} was in possession of^{M/s. BharatHeavyElectricals Ltd''} Secunderabad,^{be handed over to PrinceMuzzam Jah Trust for} making il available^{for starting an Engineering College but no} conveyance deed has^{been executed transferring absolute} rights in favour of the^{Trust or Society.}

¶413

ii) Clause 1.1^{of the AICTE Regulationsstates that an Institution} running any Program/^{Course inTechnical trducationin} violation of Regulations/Approval^{ProcessHandbook (APH)} 2016-17. sha1l be liable^{to appropriate initiationof Penal /Civil} action including^{fine, no admission,reductionin sanctioned} intake, u'ithdrawal^{of approvaland/or criminal action by the} Council against defaulting^Societies /Trusts /^C)ompanies/ Associated Individuais^{arrdlor the Institution, as the case may} be.

¶414

iii) As per Clause^{6 ofthe AICTE Regulations, 2016, for} establishing Technical^{Education Institution, it is a condition} precedent that the Promoter^{Society/Trust/Companyof a new} Technical Education Institution^{shall have the required landas} mentioned in Approval^{ProcessHandbookin itslawful} possession with clear title in the^{narne ofPromoter}

¶415

¶416

Society/Trust/Company on or before the date of submission of application. No such documents have been {iled by the petitioner society as on date.

¶417

iv) The representative of the petitioner society while appearing before the Two Man Justice Committee, has admitted that the petitioner-society is not having ownership/construction permission granted by the competent authcirit5r and the same was recorded in the Report dated 02.09.20 I 6.

¶418

v) It is mandatory to produce building plan/Occupancy Certifrcate issued by the competent authority, under Clause 6 of the AICTE Regulations, 2016, for grant of alliliation or for extension of approval. The petitioner has failed to produce the approved plan/Occupancy Certilicate issued by the competent authority in accordalce with the Building Rules, 2012 issued in G.O.Ms.No. 168 Municipal Administration and Urban Development (M) Department dated 07 .O4.2O12 read with G.O.Ms.No.245 Municipal , Administration and Urban Development Department dated 30.O6.20 1 2.

¶419

vi) The inter se disputes among the legal heirs of the Trust and also purchasers are pending for adjudication in the suit vide O.S.No.496 of 2015 on the file of Chief Judge, City Civil Court,

¶420

¶421

Hyderabad. Further^{theHon'bleSupreme Court in} S.L.P.No.7777 of^{2017 vide order dated 24'04'2017directed} both parties to maintain^{status quo in all respects overthe} subject lands,^{which would amply establish that as on date,no} valid transfer has been^{madein favour of the petitioner society'}

¶422

vii) The exemption^{grantedby the Governmentin G O Ms No'459} d.ated, 26.03.2O08 in^{favour of the petitionersocietyhas been} suspended by this^{Cour-t vide interim order dated 21'06'2016} in WP MP No.23672 ol^{2076in WP No. 19291of 2016 and the} said writ petition is^{pendingfor adjudication'}

¶423

viii) The claim of the^{petitioner that it is in long possession of the} subject property by^{virtue of interim ordersgrantedby this} Court or by the Civil^{Courtdoes not confer any right, unless} the said possession^{has beenrecognized bygranting} declaratory decree by^{competent Court.}

¶424

ix) The Two-Man Justice^{Committeehas issued notice and} considered the documents^{submittedby the petitioner to} evaluate whether the^{documentssubmittedby the petitioner} would fa1l within the Clause^{6 of the AICTE Regulations, 2016} and that does not amounts^{to rendering any opinion on the} civil disputes between the inter^{se parties. Non-furnishing}

¶425

¶426

I copy of the Report cloer nptl",itiate ihc impugncd proccedings as the petitioner was given fair opportunity to represent his

¶427

I ".". before the Committee for production of the documents.

¶428

x) The AICTE, being the competent authority is conferred with the power to grant approvals subject to fulfilling the conditions laid down under the Regulations and it has rightly passed the impugned orders and the same doe.s not suffer from any 1egal infirmities warranting interference by this Court under Article 226 of tlle Constitution of india.

¶429

xi) The claim of the petitioner society that it has paid certain amounts to the successors of the Trust and the claim of the respondents (petitioners in WP No.8877 of 2Ol9) as purchasers are required to be decided by the competent civil court after considering the evidence adduced in support of the claim. Pending adjudication of the said issues, neither of the parties to these writ petitions can claim any right over the properq/ under dispute. As such, this Court is not inclined to grant the relief sought in W.P.No.8877 of 2Ot9.

¶430

¶431

For the aforesaid reasons, the impugned orders passed by the AICTE on the ground of qgn-compliance of AICTE Regr,rlations, do not warrant interference by this Court. Therefore, these writ petitions

¶432

¶433

alieliablelobedismissed.TheobservationsmadebythisCourtin this common^{ord er are conltned only for the purpose of disposalof} the writ^{petitionsand shal1 have no bearingon anyllroceedings} pending between the^{parties or on any proceedings initi:rted by any} third party against^{any of them. Furthermorc, the find;ngs of this} Court and the^{dismissal of the writ petitionswill nor- affectthe} admission of students^{in the petitionerinstitutions fora ny of these} Academic Years,^{nor the consequential issuance of certificates to the} students.

¶434

Accordingly,^{these Writ Petitrons are dismissed u'ith costs of} Rs.50,000/-^{(RupeesFifty Thousand only) payableb5r 1fi1' petitioners} in each writ^petition to^{Sri VidhyasCentrefor the Special Children} (Orphanage) (Regd. No. 1559/99)^{situated at PIot No-24, BlockNo'3,} Seva Manclal Society,^{Mahendra Hills,Secunderabad Telangana} 500026, within a^{period of two(02) weeks from today and copyof the} receipt shall^{be hled in the Registry.}

¶435

As a sequel, miscellaleous^{applications pendingif any in these} writ petitior-rs, shall^standclosed.

¶436

I
----
<br>1

¶437

¶438

After pronouncement of the above order, Mr.S.Niranjan Reddy, learned Senior Counsel seeks to stay the operation of this order for a period of two weeks. Having regard to the facts and circumstances of the case, I am of the considered view that it would be just and appropriate to grant stay of the operation of this order for a period of two weeks from today. Accordingly, there shall be stay of operation of

¶439

this order for a period of two weeks frbm today.

¶440

MEMORANDUM OF COSTS

¶441

wRlT PET|TION NOS.17148,^17161,17168 0F²⁰¹¹⁷ AND 8877 0F 2019

¶442

Rs. Ps

¶443

Costs Quantified by Hon'ble Court^(Thatthe petitioners in each of the Writ Petition are directed to^pay costs of Rs.50,000/-^(Rupees Fifty Thousand Only) to Sri Vidhyas^{Centre for} the' Special Children^{(Orphanage) (Regd.} No.1559/99) Situated at^{PIot No.24, Block No.3,} Seva lrilandal Society, Mahendra^Hills, Secunderabad, Telangana 500026^{within two} weeks from the date of^{order.(50000x 4 cases)}

2,00,000-00

TOTAL

//TRUE COPY//

2,00,000-00

Sd/-P. GOWRI SHANKAR ASSISTANT REGISTFAR ,/ %

¶449

SECTION OFFICER

¶450

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

¶451

To, 1 The Registrar^{(Judicial * l), HighCourt for the State of Telangana,} Hvderabad.

¶452

(*t

¶453

''^{3ll"y,','*':l"",slfis'ti'8ffii"-"i"j."JJ9:",fii3J3is:3s-iljn:shtJ):;'fif31"'} Seirna"ranao,^{Telangana 500026'}

¶454

1. The^{secrion officer,Accouritl"dlJtion,Highcourtfor the stateof relangana} at Hvderabad.

¶455

a lr L.R. CoPies. i. it,iu';oi"iu"retary,^{Union of lndia' lvlinistry of Law' Justice and Companv} Affairs,^{New Delhi-}

¶456

1. The Secretary,^{Telangana Advocates AssociationLibrary' HiglrCourt} , Buildinos. ts""lii8 .3,iiri*^{HYderabadc Reddv Advocate(oP-uq).,} ; 5;; cc^{i6 Sii t't Nrr""nKum'ir Advocateto?-u-ql.} ^. ; 5;; ca io^{Sri vt tu"nooob Ali, sc lor AlcrE[OPUC] .,</sup> io SiiE cc iJ^{5ii Juuuaai suiv'nuiuv'naRao Advocate[oPUC]} ;; X;; ;^ i,.' Sri o trilanoheiheddv^Advocate IOPUC] - ir. il; ca^{i6 sri F sr,i Harsha Reddv Advocate^[oPuu]} j'3:il; cc io Sii llun.ooa Ali Advo'cate [oPUCL - ,,. 'i; il;;c i6 5ii e. cn"nor"t'n^{n"oov' Senior counsel(oPUC)} 15. one CC to^{Sri Ch. Lrgrn'iiih' ir";''bClbr osmaniaUniversitv(oPUc)} ig,Bffi 3B i::it^{[ ,"+l*ffil{"1il:i1',"13lY3t,",} 18. Two^{CD CoPies}}