IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION Nos.21465-466 OF 2019 (EDN-RES) Between:
1. Sanjay Memorial Polytechnic, Rep by its Principal, Ikkeri Road, Sagara, Shimoga District-577401. Karnataka.
2. Sanjay Vidya Kendra, Rep by its Secretary, Registered Society under Society Registration Act 1960, Ikkeri Road, Sagara, Shimoga District-577401.
Karnataka. ….. Petitioners (By Smt.G.Sharada Bai, Prof. Ravivarma Kumar Assts, Advocates for Petitioners) And 1. All India Council for Technical Education, Nelson Mandela Marg, Vasant Kunj, New Delhi – 110 070, Represented by its Member Secretary, 2. The Director of Technical Education, Department of Technical Education, Palace Road, Bangalore-560001. Respondents (By Smt Sona.M.Badiger, Advocate for R1-Absent, Sri. G.S.Venkata Subba Rao, Advocate for R1-Absent, Smt. Pramodini Kishan, AGA for R2) These Writ Petitions are filed under Articles 226 & 227 of Constitution of India, praying to declaring the action of the first respondent in rejecting the application of the petitioner seeking extension of approval to its polytechnic for the academic year 2019-20 as per Final Letter of Rejection in No.South-West/2019/1- 4261844290_LOR dated 01.05.2019 (Annexure-A) uploaded by the first respondent on its website as illegal, void and inoperative and issue a consequential writ of mandamus directing the first respondent to extend approval for the petitioner’s polytechnic for the academic year 2019-250 and etc.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
ORDER Matter called twice. None appears for the 1st respondent. On the last occasion also there was no representation on behalf of the 1st respondent. On those days also matter was called twice and passed over as there was no representation on behalf of 1st respondent. Even though, the 1st respondent has filed a statement of objection but has not served copy of the same on the petitioner’s counsel and it is pending consideration since 22.07.2019.
2. In the instant petition, the petitioner has assailed the final letter of rejection dated nil (Annexure-A obtained from the website) 3. The 2nd petitioner is a Society registered under the Karnataka Societies Registration Act and promoted with the object of establishing various educational Institutions since 39 years. In furtherance of the said objective, the 2nd petitioner has established the first petitioner polytechnic in the year 1980. The petitioners-Institution is imparting education in diploma courses. As on today, All India Council for Technical Education (Grant of Approval for Technical Institutions) Regulations, 2018 is governing the petitioners-Institution among other Institutions.
4. The petitioners were required to make necessary application for renewal of permission to run petitioners-Institution. In this regard, correspondence was going on between the petitioners and respondent Nos.1 and 2. Officials of the 1st respondent were stated to have inspected the petitioners-Institution and found certain deficiencies. Those deficiencies have not been complied as on 01.05.2019. Consequently, on 01.05.2019, the 1st respondent issued a final letter of rejection for non compliance and further, with reference to the petitioners applications for setting up of New Technical Institute bearing Application ID 1-4261844290 for Sanjay Memorial Polytechnic, Ikkeri Road, Sagara- 577401.
5. Learned counsel for the petitioners submitted that deficiencies have been attended as on 30.04.2019, whereas the inspection of the petitioners-Institution was in the month of March 2019. Without appreciating compliance of deficiencies, the 1st respondent has proceeded to pass final letter of rejection. Petitioners- Institution is running for the last 29 years. Therefore, question of making any new application for establishing technical institution as intimated in the final letter of rejection (Annexure-A) does not arise. Thus, there is total non application of mind by the 1st respondent in considering the petitioners’ grievances to run petitioners-Institution.
6. Heard learned counsel for the petitioners.
Question for consideration in the present petition is whether Annexure-A-final letter of rejection order is in order or not?
7. No doubt, 1st respondent has inspected the petitioners-Institution and found certain deficiencies. To that extent, a correspondence was made to meet those deficiencies. As on 30.04.2019, the petitioner is stated to have complied the deficiencies as is evident from the records. Further communication relating to attending deficiencies is on 06.05.2019.
8. In view of these facts and circumstances of the case, there is non application of mind by the 1st respondent in issuing Annexure-A wherein, it is stated that “I am directed to convey Rejection of Your Application for setting up of New Technical Institute bearing Application ID 1-4261844290 for Sanjay Memorial Polytechnic, Ikkeri Road, Sagara-577401.” It is evident that there is a prima-facie total non-application of mind on behalf of 1st respondent in issuing final letter of rejection vide annexure-A. Therefore, Annexure-A dated nil is set aside. Accordingly, petitions are allowed.
Respondent No.1 is hereby directed to reexamine the petitioners compliance in respect of attending deficiencies and take appropriate decision and communicate such decision to the petitioners within the period of eight weeks from the date of receipt of this order.
At this stage, learned counsel for the petitioners submitted that by virtue of interim order, admission process have been completed. Such admission process will not come in the way of taking the decision afresh by the 1st respondent.
Sd/- JUDGE JS/-