1. The petitioner institution herein has prayed for issuance of a suitable direction to the respondent to issue the letter of approval to the petitioner for commencing courses in the concerned branches of the disciplines of Management and Computer Applications at the level of post-graduation pursuant to the application of the petitioner at Ex. 'A' to the petition.
2. The facts of the case as per the present petition, in a nutshell, are set out as under:
2.1 The petitioner submitted an application in the prescribed format to the respondent in the month January, 2012 seeking permission for commencing courses in the disciplines of Management and Computer Applications in the concerned branches thereof at the level of post-graduation. The said application came to be re-scrutinized by the Scrutiny Committee of the respondent on 05.03.2012 and the committee recommended visit of the set up of the petitioner by an Expert Visiting Committee (EVC) of the respondent.
2.2 Accordingly, the EVC visited the set up of the petitioner on 20.03.2012 and certain deficiencies were noted which was duly communicated to the petitioner institution. Thereafter, on 06.05.2012, the committee again visited the set up of the petitioner and during the course of the said revisit it was noted that the earlier deficiencies were taken care of and were duly rectified by the petitioner institution.
2.3 Accordingly, the committee submitted the report in positive and thereupon recommended placing of the aforesaid application of the petitioner before the Regional Committee of the respondent for the further processing thereof for issuance of the letter of approval to the petitioner thereof for issuance of the letter of approval to the petitioner for commencing the said courses in the disciplines of Management and Computer Applications at the level of post-graduation.
2.4 However, subsequently vide letter dated 29.06.2012, the petitioner was informed that the application of the petitioner stands rejected.
3. Mr. D.C. Dave, learned Senior Counsel appearing for Mr.
P.A. Jadeja for the petitioner submitted that the course of action of the aforesaid nature on the part of the respondent in not issuing the letter of approval to the petitioner in respect of its aforesaid application for commencing the courses in branches of Management and Computer Applications at the level of post-graduation which is impugned herein is ex-facie in violation of the fundamental rights guaranteed to the petitioner under Articles 14 and 19(1)(g) of the Constitution of India warranting an appropriate redressal at the hands of this Court.
3.1 Mr. Dave submitted that the Expert Visiting Committee in its second inspection of the premises of the petitioner institution was satisfied and also submitted report in positive to the respondent which in itself calls for a letter of approval from the respondent. He submitted that the inaction on the part of the respondent in not issuing the letter of approval inspite of recommendations from the committee is nothing but high handedness on the part of the respondent and calls for intervention from this court.
4. Mr. Mitul Shelat, learned advocate appearing for the respondent submitted that the case of the petitioner institution has been examined by an expert body in the field of Higher Technical Education comprising of members having special knowledge and experience in matters pertaining to technical education and therefore being an expert body in the relevant field of technical education having necessary expertise to decide the educational needs, requirements and deficiencies has examined the matter and reached the conclusion for refusal of approval qua the petitioner institution.
5. Having heard learned advocates for both the sides and having perused the materials placed on record of the case, this Court is of the opinion that the case of the petitioner deserves consideration. It is not disputed that after the EVC visited the set up of the petitioner on 20.03.2012, certain deficiencies were noted which was duly communicated to the petitioner institution. The petitioner institution took necessary steps to nullify the deficiencies. Thereafter, on 06.05.2012, the committee again visited the set up of the petitioner and during the course of the said revisit it was noted that the earlier deficiencies were taken care of and were duly rectified by the petitioner institution. Accordingly, the committee submitted the report in positive and thereupon recommended placing of the aforesaid application of the petitioner before the Regional Committee of the respondent for issuance of the letter of approval to the petitioner as sought for.
6. Even on 06.05.2012, the EVC revisited the premises of the petitioner and on being satisfied with regard to the infrastructure and other facilities submitted its report positively and thereupon recommended the processing of the said application of the petitioner for issuance of the letter of approval. No concrete ground for denial of the letter of approval to the petitioner is pointed out by learned advocate for the respondent. The affidavit filed by the respondent also does not give out any reason for this court not to interfere in the matter. The respondent are not in a position to point out any deficiency on the part of the petitioner institution so as not to issue a letter of approval. The recommendations of the committees are in favour of the petitioner institution and the same cannot be given a go-bye.
7. In the premises aforesaid, petition is allowed. The respondent authorities are hereby directed to issue the necessary certificates/letters with immediate effect to the petitioner institution.
piyush (K.S. JHAVERI, J.)