Case: Mahatma Education Society'S Pillai'S Institute Of Information Technology, Engineering , Media Studi Vs. All India Council For Technical Education

The petitioner is a Trust registered under the provisions of the Bombay Public Trust Act, 1950 and is having four educational institutions, mainly imparting studies in the field of engineering to the students.4. The issue involved is with regard to approval to the institutions for the academic yearAt the time of usual inspection, it was found that the petitioner was not having land as per the provisions of the All India Council for Technical Education (Grant of Approvals for the Technical Institutions) Regulations, 2012 (hereinafter referred to as "the Regulations"). According to Regulation 6 of the Regulations, the petitioner was supposed to have certain land with lawful possession and clear title in the name of the petitioner society. The relevant portion of the Regulation reads asIt is not in dispute that approximately 550 students are prosecuting studies in the Engineering College at present and because ofto the institutions run by the petitioner, academic career of the students would be ruined.7. As the approval had not been granted, the petitioner had filed Writ Petition No.6021 of 2014 in the High Court of Judicature at Bombay and by an interim order, the High Court was pleased to grant limited interim relief, whereby the petitioner was permitted to give admission to students.8. Ultimately, by an order dated 27th August, 2014, the High Court disposed of the petition with an observation that it was open to respondent no.1 Council to take appropriate action in the matter of approval to the institutions run by the petitioner. The Council had expressed its inability to grant approval to the institutions run by the petitioner for the academic yearas the aforestated provision of the Regulation had not been complied with.

Court's reasoning:
It is not in dispute that the petitioner society has been imparting education to students through its colleges for the last 15 years. If approval is not granted, the students, who have already been admitted by an interim order of the High Court for the academic yearwould be put to great inconvenience and difficulties for no fault on their part. In the circumstances, as an exceptional case, without going into the merits of this case, we exercise our power under Article 142 of the Constitution of India and direct respondent no.1 to grant a letter of approval to the concerned colleges managed by the petitioner for the academic yearthe subsequent academic year, we are sure that the petitioner shall do the needful to comply with the requirements of the aforestated Regulation and other Regulations.10. As and when an application for approval for academic yearis sought for by the petitioner, the respondent authorities shall consider the application and shall decide in accordance with law.