THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.1307 of 2004 DATED: 01.08.2007 Between: The Vasista Educational Society, Seetharampuram, Narsapur, W.G.District .. Petitioner And All India Council for Technical Education (A Statutory body of the Govt. of India) rep. by its Member Secretary (UG) Indira Gandhi Stores Complex, I.P.Estate, New Delhi and others. .. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.1307 of 2004 ORDER: This writ petition is filed seeking a writ of Mandamus declaring the action of the respondents in not considering the petitioner’s application for granting additional intake of 180 seats for the academic year 2003-04 as per the eligibility as illegal and arbitrary, and consequently direct the respondents to consider the petitioner’s case as per its eligibility of additional seats for the academic year 2004-05 duly allowing the petitioner’s application for changing 60 seats intake of bio technology to civil engineering/ or electronics and communication engineering. 2. In the affidavit filed in support of the writ petition, the petitioner stated that the first respondent issued an advertisement No.AICTE/UG- PG/20/2002 inviting applications in the prescribed form for introduction of new courses and/or in increase in intake of the existing courses for the academic year 2003-04, and subsequently, it issued another notification in continuation of earlier advertisement vide advertisement No.AICTE/UG-PG/25/2002 informing that MCA course will also be considered as additional course in addition to existing courses of engineering and technology, and in pursuance of these notifications, the petitioner-Society submitted its application on 05.12.2002 for two additional engineering courses i.e., Mechanical engineering and Bio- technology courses with 60 seats intake in each course and also 60 additional seats in MCA course. Thereafter, the first respondent issued another notification/advertisement AICTE/PG/31/2002, dated 18.12.2002 informing the approved nomenclature of courses at undergraduate level in engineering and technology institutions for the academic year 2003-04 and in view of the conditions imposed therein, the committee constituted by the third respondent has expressed their difficulty in approving Bio-technology course to the petitioner-Society. So, the petitioner-Society requested to consider for granting of additional intake in civil engineering or in Electronic & Communication Engineering in lieu of Bio-technology course. It further submits that though the local Inspection Committee had recommended for additional seats of 120 in engineering and bio-technology and 60 seats in MCA Course, but, surprisingly, the third respondent has recommended only for two courses i.e., mechanical engineering and MCA course and also that even it has not submitted its recommendations in time to the first respondent, due to which, the first respondent has not taken into consideration the recommendations of the third respondent and not granted any additional seats/intake for the academic year 2003-04. Further, the petitioner contends that the first respondent issued application forms for the academic year 2004-05 for increase in annual intake and for additional courses, wherein it has clearly mentioned to submit no objection certificate. Further, the first respondent mentioned that if the third respondent submits no objection certificate within time, then it would consider the recommendations made by it during the academic year 2003-04 for granting of additional seats for 2004-05. But, subsequently, as the State Government has taken a decision not to recommend/issue No Objection Certificates for any new courses/additional courses/additional intake for the academic year 2004-05 for any of the college, as such, the first respondent has not considered the request of the petitioner-Society, hence, this writ petition is filed. 3. Learned counsel for the petitioner contended that as the Academic year 2003-04 and 2004-05 are over, no orders need be passed in this writ petition. In view of the facts and circumstances of the case and also the submission made by the learned counsel for the petitioner, this Court is of the view that no orders need be passed in this writ petition at this length of time. Accordingly, this writ petition is closed. ________________________ (GOPALA KRISHNA TAMADA,J) Dt.01.08.2007 v v