IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 14611 of 2011 Date of Decision: 29.11.2011 Shiv Gaurak Nath Polytechnic Chourmastpur, Ambala ...Petitioner Versus State of Haryana and others ..Respondents. CORAM: HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Gulshan Sharma, Advocate for the petitioner Mr. R.D.Sharma, Deputy Advocate General, Haryana for respondents No.1 and 2. Mr. Amit Rao, Advocate for Mr. S.K.Sharma, Advocate, for respondents No. 3 and 4. **** SURYA KANT, J.(Oral) The petitioner is a Polytechnic Institute who applied to the State Government and the All India Council for Technical Education for variation in its intake and reduce the same in Computer Engineering from 120 to 60 but to increase from 60 to 120 in Civil Engineering. The State Government recommended to the All India Council for Technical Education in favour of the petitioner vide Annexure P-1 dated 29.11.2010 but the All India Council for Technical Education having taken no positive decision that the petitioner has approached this Court. 2. The All India Council for Technical Education in its reply/affidavit dated 12.10.2011 has averred as follows:- “5. That it is also relevant and necessary to mention here that after the taking of diploma level program in its purview by AICTE, the State Authorities have no jurisdiction to increase or CWP No. 14611 of 2011 [2] decrease the intake capacity and thus any decision taken by the State Level Committee in this regard is not binding on AICTE.” 3. In the earlier part of the reply it is also averred that after the policy decision having been taken on 24.11.2010, all the institutions are required to apply on line for the increase or variation of the intake or for affiliation. The petitioner indeed has not applied on line to the All India Council for Technical Education to cause variation in the sanctioned seats though it has obtained recommendations from the State Authorities. The fact that the petitioner approached the All India Council for Technical Education vide Annexure P-8 means that it has impliedly acknowledged the fact the institute has no where disputed that the final decision is to be taken at the level of the All India Council for Technical Education only. In these circumstances, the writ petition is disposed of with a direction to the All India Council for Technical Education that as soon as the petitioner applies on-line in the prescribed format, and keeping in view the recommendations made by the State Government in its favour, it shall consider and accord necessary approval to the variation of seats in the Civil Engineering and Computer Engineering branches as prayed for by the petitioner. The appropriate decision in this regard shall be taken within a period of two months from the date of receipt of a certified copy of this order. Dasti. 29.11.2011 (SURYA KANT) 'ravinder' JUDGE