IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.07.2010 CORAM: THE HONOURABLE MR. JUSTICE V.DHANAPALAN W.P.Nos.13026 and 14813 of 2010 and M.P.Nos.1 of 2010 SHREE VENKATESHWARA HI-TECH [PETITIONER IN WP.13026/10] ENGINEERING COLLEGE REP. BY SECRETARY K.C.KARUPPANAN SRI KALAIVANI NAGAR OTHAKUTHIRAI, K.METTUPALAYAM POST, GOPICHETTIPALAYAM, ERODE DT. AMARAVATHY EDUCATIONAL TRUST [PETITIONER IN WP.14813/10] REP.BY ITS TRUSTEE KARUR POLYTEHNIC CAMPUS, KARUR-ERODE MAIN ROAD, SANJAY NAGAR, KARUR- 639 002. Vs 1 THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, REP. BY ITS MEMBER SECRETARY 7TH FLOOR, CHANDER LOK BUILDING, JANPATH, NEW DELHI-110001. 2 THE REGIONAL OFFICER, SOUTHERN REGIONAL OFFICE OF ALL INDIA COUNCIL FOR TECHNICAL EDUCAITON SHASTRI BHAVAN NO.26 HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI-6. ...R1&2 IN BOTH WPs 3 THE COMMISSIONER OF TECHNICAL EDUCATION, CHENNAI-25 4 TAMILNADU ENGINEERING ADMISSIONS 2010 REP.BY ITS SECRETARY ANNA UNIVERSITY CAMPUS, CHENNAI-25. https://hcservices.ecourts.gov.in/hcservices/ 5 ANNA UNIVERSITY COIMBATORE REP.BY ITS REGISTRAR METTUPALAYAM ROAD, JOTHIPURAM, COIMBATORE-641 047. ..R3 to R5 in W.P.14813/10 Writ Petition No.13026 of 2010 filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the Respondents to process the application of the Petitioner dated 25.3.2010 for the approval of new courses in B.E. (Civil) and Master of Computer Application (MCA) with an annual intake of 60 seats each from the academic year 2010-11 immediately within a time-frame so as to enable the Petitioner to admit students in the said courses for the academic year 2010-11. Writ Petition No.14813 of 2010 filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents herein to forthwith consider the representation of the petitioner dated 6.7.2010 for processing the application of the petitioner No.1-1203361 submitted online on 18.2.2010 for establishment of Karur College of Engineering at Sanjay Nagar Karur-Erode Main Road Andalkoil East Village Karur Karur District for the academic year 2010-2011 under All India Council for Technical Education (Grant of approvals for technical Institutions) Regulations 2010. For Petitioner in W.P.13026/10: Mr.Suresh Kumar in W.P.14813/10: Mr.K.Doraisami Senior Counsel for M/s.Muthumani Doraisami For Respondents 1 & 2 in both WPs : Mr.K.Ravindranath, Addl.Central Govt. Standing Counsel 3 & 4 in W.P.14813/10 : Mr.Manisundar,SGP 5 in W.P.14813/10 : Mr.R.Shivakumar C O M M O N O R D E R By consent of the learned counsel on either side, these writ petitions are taken up for final disposal at the stage of admission itself. 2. Heard Mr.Doraisamy, learned Senior Counsel for Muthumani Doraisamy, learned counsel for the petitioner in W.P.No.14813 of 2010, Mr.R.Suresh Kumar, learned counsel for the petitioner in W.P.Nos.13026 of 2010, Mr.K.Ravindranath, learned Additional https://hcservices.ecourts.gov.in/hcservices/ Central Government Standing Counsel for the respondents 1 and 2, Mr.Mani Sundar, learned counsel for respondents 3 and 4 and Mr.R.Shivakumar, learned counsel for 5th respondent. 3. The prayer in writ petition No.13026 of 2010 is for a direction to the respondents to process the application of the Petitioner dated 25.3.2010 for the approval of new courses in B.E. (Civil) and Master of Computer Application (MCA) with an annual intake of 60 seats each from the academic year 2010-11 immediately within a time-frame so as to enable the Petitioner to admit students in the said courses for the academic year 2010-11. 4. The prayer in Writ Petition No.14813 of 2010 is for a direction to the respondents herein to forthwith consider the representation of the petitioner dated 6.7.2010 for processing the application of the petitioner No.1-1203361 submitted online on 18.2.2010 for establishment of Karur College of Engineering at Sanjay Nagar Karur-Erode Main Road Andalkoil East Village Karur Karur District for the academic year 2010-2011 under All India Council for Technical Education (Grant of approvals for technical Institutions) Regulations 2010. 5. According to the petitioner in W.P.No.13026 of 2010, they have applied to the 2nd respondent for the approval of new courses in B.E. (Civil) and Master of Computer Application (MCA) with an annual intake of 60 seats each from the academic year 2010-11 immediately within a time-frame so as to enable the Petitioner to admit students in the said courses for the academic year 2010-11. In respect of the petitioner in W.P.No.14813 of 2010, they have applied to the 2nd respondent for permission to start a new Engineering College from the academic year 2010-2011 in the name and style of Karur College of Engineering at Sanjay Nagar Karur-Erode Main Road Andalkoil East Village Karur Karur District. 6. It is their case that the 2nd respondent has come out with new Regulations for the academic year 2010-2011, which some institutions and some Associations have challenged by filing writ petitions before this court in W.P.Nos.3656 of 2010 etc. batch and this Court on 30.06.2010 has held as follows:- (i) All India Council for Technical Education (Grant of Approvals for Technical Institutions) Regulations 2010, except Regulation 11.1, are upheld. (ii) Regulation 11.1 of the All India Council for Technical Education (Grant of Approvals for Technical Institutions) Regulations 2010, which contemplates civil and criminal action against the institutions, is ultra vires of the All India Council for Technical Education https://hcservices.ecourts.gov.in/hcservices/ Act,1987, and without authority of law. Therefore, it is struck down. However, it is open for AICTE to substitute this clause by any provision in accordance with the provisions of the Act. (iii) The applications of the writ petitioners who applied on or before 31.08.2009, which was the last date for filing of applications as per the AICTE Regulations,2006, for extension of approval/additional intake/introduction of new courses/variation intake shall be governed by the Regulations, 2006 and approval be granted accordingly forthwith for this academic year 2010- 2011. However, approval for the next academic year will be governed by the new Regulations,2010. (iv) The applications of the writ petitioners who opted for new regulations shall be approved as per the new Regulations, 2010. (v) New Regulations 2010 shall have only prospective effect. (vi) Approval Process Hand Book is an integral part of the Regulations and, therefore, there is no need to publish the same in the Gazette of Government of India. (vii) In its future endeavour, AICTE shall take policy decisions based on ground realities after undertaking survey in various fields of technical education, collecting data on all related matters and making forecast of the needed growth and development in the technical education, for which purpose it should consult with the stakeholders i.e, the academicians, colleges and other experts in the field, as contemplated under Section 10 (a) of the Act, affording an opportunity to the institutions concerned". 5. The petitioners submit that they have not made any application individually nor had obtained any order and would want to go by the new Regulations and that they are not a member of any association which has gone against the new Regulations of the AICTE. Therefore, the petitioners have come up with the present writ petitions. 6. Learned counsel for the petitioners submits that the applications made by the petitioners have to be disposed of within a https://hcservices.ecourts.gov.in/hcservices/ time frame and therefore they have come up with a plea that the 2nd respondent may be directed to process the petitioners applications and dispose of the same in accordance with law. 7. In the light of the above position and in view of the decision cited supra, and as the applications dated 25.03.2010 and 06.07.2010 submitted by the petitioner are pending before the 2nd respondent, without expressing any opinion on the merits of the case, the 2nd respondent herein is directed to consider the applications of the petitioners in accordance with law and on merits in respect of their respective claims and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order. These writ petitions are disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar rg To : 1 THE MEMBER SECRETARY, THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, 7TH FLOOR CHANDER LOK BUILDING , JANPATH, NEW DELHI-110001. 2 THE REGIONAL OFFICER SOUTHERN REGIONAL OFFICE OF ALL INDIA COUNCIL FOR TECHNICAL EDUCAITON SHASTRI BHAVAN, NO.26 HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI-6. 3 THE COMMISSIONER OF TECHNICAL EDUCATION, CHENNAI-25 4 THE SECRETARY TAMILNADU ENGINEERING ADMISSIONS 2010 ANNA UNIVERSITY CAMPUS, CHENNAI-25 https://hcservices.ecourts.gov.in/hcservices/ 5 THE REGISTRAR, ANNA UNIVERSITY COIMBATORE METTUPALAYAM ROAD, JOTHIPURAM COIMBATORE-641 047. 1 cc To Mr.Suresh Kumar, Advocate, SR.50304 1 cc To M/s. Muthumani Doraisami , Advocate, SR.50695 2 cc To Mr.K.Ravindranath,, Advocate, SR.50326 & 50527 1 cc To Mr.R.Shivakumar, Advocate, SR.50527 Common Order made in W.P.Nos.13026 and 14813 of 2010 TAM(CO) PMK.15.7.2010 https://hcservices.ecourts.gov.in/hcservices/