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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.1034 OF 2014

Mahatma Education Society’s  Pillai’s Institute of Information Technology, Engineering, Media Studies & Research          …Petitioner

Versus

All India Council for Technical Education  & Ors.              ...Respondents

J U D G M E N T

ANIL R. DAVE, J.

Rule.

2. Looking at the urgency in the matter,  at the request of the  

learned counsel  appearing for  the parties,  the  petition has been  

finally heard.

3. The short question involved in this petition is with regard to  

grant of approval to educational institutions run by the petitioner  

society.  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

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the students.   

4. The issue involved is with regard to approval to the institutions  

for the academic year 2014-15.  At 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 as under:-

“6.   Requirement of land The  promoter  society/trust/company  established  under  Section 25 of the Companies Act, 1956 of a new Technical  Education Institution shall have the land as required and  prescribed in its lawful possession with clear title in the  name  of  promoter  society/trust/company  established  under Section 25 of the Company Act, 1956 on or before  the date of submission of application.  

Provided  that  it  shall  be  open  for  the  promoter  society/trust/company  established  under  Section  25  of  the  Companies  Act,  1956  proposed  Institution  to  mortgage  the  land  only  after  the  receipt  of  letter  of  approval, only for raising the resources for the purpose of  development of the Technical Education Institute situated  on that land.”

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5. As it was found that the petitioner was not having land as per  

the requirements  of  the Regulation,  the approval  granted to  the  

institutions managed by the petitioner  for  the last  15 years  had  

been denied for the academic year 2014-15.   

6. It  is  not  in  dispute  that  approximately  550  students  are  

prosecuting  studies  in  the  Engineering  College  at  present  and  

because of non-approval to 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  year  2014-15 as the aforestated

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provision of the Regulation had not been complied with.

9. We have heard the learned counsel for the parties.  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  year  2014-15,  

would 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  year  2014-15.   For  the  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 year  

2015-2016  is  sought  for  by  the  petitioner,  the  respondent  

authorities  shall  consider  the  application  and  shall  decide  in  

accordance with law.

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11. For the aforestated reason, as an exceptional case, the petition  

is  allowed.   The  impugned  letter  dated  29th October,  2014  is  

quashed  with  a  liberty  to  the  respondent  authorities  to  take  

appropriate  action  in  respect  of  academic  year   2015-16  in  

accordance with law.  Rule is made absolute and a direction is given  

to respondent no.1 to grant approval in respect of Pillai’s Institute of  

Information Technology, Engineering, Media Studies and Research,  

New Panvel, Navi Mumbai, for the academic year 2014-15.  There  

shall, however, be no order as to costs.  

……….…………………J.   (ANIL R. DAVE)

……….…………………J.   (KURIAN JOSEPH)

New Delhi February 16, 2015.