IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.21990 /2018 (EDN –AD) BETWEEN NOORIE COLLEGE OF PHARMACY REP. BY ITS SECRETARY, L. SYED SHAHAZADA, S/O. LATE ABDUL LATHIEF, AGED ABOUT 58 YEARS, ANDERSON PET, KGF-563 113 ... PETITIONER (BY SRI S.SARAVANA, ADV., FOR SRI D.R.RAVISHANKAR, ADV.) AND 1. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (A STATUTORY BODY OF THE GOVT. OF INDIA), REP. BY ITS DIRECTOR (APPROVAL BUREAU), MINISTRY OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF INDIA, NELSON MANDELA MARG, NEW DELHI-110 067.
2. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION STANDING APPELLATE COMMITTEE, REP. BY ITS DIRECTOR, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF INDIA, NELSON MANDELA MARG, NEW DELHI-110 067. ... RESPONDENTS (BY SMT.SONA M. BADIGER, ADV. FOR R-1 & R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-E DATED 10.04.2018 PASSED BY R-1 PLACING THE PETITIONER COLLEGE UNDER 'NO ADMISSION CATEGORY FOR ACADEMIC YEAR 2018-19' AND ANNEXURE-G DTD:30.4.2018 PASSED BY THE R-2. AND DIRECT R-1 TO CONSIDER THE COMPLAINCE REPORT GIVEN BY THE PETITIONER AS PER ANNEXURE-D DATED 30.03.2018 AND ANNEXURE-F DATED 18.04.2018 AND PASS NECESSARY ORDERS FOR EXTENSION OF APPROVAL TO PETITIONER COLLEGE FOR CONDUCTING THE PHARMACY COURSE FOR THE ACADEMIC YEAR 2018-19.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order of respondent No.1 whereby the petitioner – institution has been placed under ‘No Admission Category’ for the academic year 2018-19, inter alia, seeking consideration of the compliance report submitted by the petitioner.
2. It is not in dispute that the issue relates to the approval for the academic year 2018-19.
3. The learned counsel for respondents would submit that the consideration in this regard would not arise at this point of time.
4. It is the grievance of the petitioner that the application seeking approval for the academic year 2019-20 has not been uploaded since the petitioner - institution is placed under ‘No Admission Category’ and the last date for submission of the online application with penalty was permitted upto 08.02.2019.
5. The deficiencies pointed out by the Expert Visiting Committee as contended by the petitioner are as under:-
“Deficiencies with regard to infrastructure:-
1. Approved building plans not available.
2. Stock registers for computer, printer, office equipments, softwares not maintained.
3. Barrier Free environment not provided.”
6. Further, it is the contention of the petitioner that these deficiencies are complied with. Reliance is also placed on the order of the Hon’ble High Court of Gujarat at Ahmedabad in R/Letters Patent Appeal No.955/2018 in Special Civil Application No.7860/2018 and allied matters.
7. On the other hand, it is the contention of the learned counsel for the respondents that the deficiencies pointed out by the Expert Visiting Committee has not been fully complied with and the same has been profusely considered by the Standing Committee and as well as the Appellate Committee to place the petitioner - institution under the category of ‘No Admission Zone’.
8. The Hon’ble High Court of Gujarat while considering the identical issue relating to the deficiencies pointed out by the Expert Visiting Committee has observed that the said recommendations are not deficiencies which cannot be rectified/removed within the stipulated time limit. On the ground/recommendations mentioned, prima-facie, it is held that the petitioner cannot be placed in ‘No Admission Zone’ for the relevant academic year.
9. However, considering the facts of the present case, this Court deems it appropriate to direct the respondents - authority to visit the premises of the petitioner – institution through its Expert Visiting Committee at the cost of the petitioner and verify physically about the veracity of the compliance of the deficiencies pointed out by the committee earlier. If the recommendations/deficiencies are complied with by the petitioner, it is open for the respondents to remove the petitioner from the ‘No Admission Zone’ and permit the petitioner to apply through online application for approval relating to the academic year 2020-21.
10. In view of the academic year 2018-19 has come to an end as well as the period prescribed by the respondents for filing of online application for the academic year 2019 – 20 also having been come to an end, the prayer sought by the petitioner would not survive for consideration and no order could be issued contrary to the Regulations or the time schedule issued by respondent Nos.1 and 2.
Hence, the petitioner is at liberty to file online application for the approval relating to the academic year 2020-21 in accordance with law subject to the decision to be taken by the respondents.
With the aforesaid observations, the writ petition stands disposed of.
In view of disposal of the writ petition, pending I.As. do not survive for consideration and the same stands disposed of.
Sd/- JUDGE PMR