IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.19763/2018 (EDN-RES) AND WRIT PETITION Nos.19604-662/2019 BETWEEN :
T.E.S. Polytechnic Survey No.96, Bommenahalli Village, Old Madras Road, Virgonagar Post, Bengaluru-560 049.
Represented by Mr.Dayananda M, Principal.
...Petitioner (By Sri. Shivarudra, Advocate) AND :
1. All India Council for Technical Education Nelson Mandela Marg, Vasanth Kunj New Delhi-110 070.
Represented by its Secretary.
2. The Secretary Board of Examination (Diploma Polytechnic) Palace Road, Bengaluru-560 001. (Amended vide order dated 21.01.2019).
…Respondents (By Smt. K.S.Anasuyadevi for Smt.Sona M.Badiger, Advocate for R1;
Smt. Pramodhini Kishan, AGA for R2) These writ petitions are filed under Articles 226 of the Constitution of India, praying to quash the impugned order dated 10.04.2018 issued by the respondent vide Annexure-F and direct the respondent to reconsider the phrase ‘no admission category’ for the academic year 2018-2019.
These petitions coming on for orders, this day, the court made the following:
O R D E R The petitioner-TES Polytechnic Institution is before this Court assailing the order dated 10.04.2018, issued by respondent No.1 vide Annexure-F to the writ petition inter alia seeking a direction to respondent No.1 to reconsider the status of ‘no admission category’ given to the petitioner-Institution relating to the academic year 2018- 2019.
2. The petitioner is claiming to be an Institution imparting polytechnic programs for the last 25 years with permission issued by Government of Karnataka, affiliated to AICTE-Respondent No.1. The petitioner during the academic year 2018-2019, had admitted the students for the course in polytechnic as per the guidelines of the State Government. However, AICTE refused the extension of approval and placed the Institution under ‘no admission category’. In view of the same, the students studying in the petitioner-Institution admitted during the academic year 2018-2019 claimed for transfer to any other polytechnic colleges in Karnataka, it is the request of the petitioner-Institution too, in the interest of the students who got admitted to the Institution during the academic year 2018-2019.
3. Learned AGA for respondent No.2 has filed a memo along with the list of the colleges where vacancy is available to grant permission to the students studying in the petitioner-Institution for the 3rd and 5th semester. The copies of the said list of Institutions are made available to the petitioner. The learned counsel for respondent No.1 has no objection for such transfer.
4. In view of the aforesaid, this Court is of the considered view that the interest of the justice would be sub served in directing 59 students, the list of which is placed before this Court, to opt for any of the Institutions as per the list placed by the learned AGA for respondent No.2. On such option being exercised by the students, respondent No.2 shall consider their request in accordance with law in an expedite manner. Respondent No.2 shall declare the results of the 59 students referred to supra, in an expedite manner.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE ag