Education / Educational Institution – Grant of affiliation – Whether once AICTE had granted its approval, it was not open to the affiliating University to predicate the grant of its affiliation on the issuance of an NOC by the State Government – On facts, Jawaharlal Nehru Technological University (JNTU) had sought approval of the State Government before granting affiliation to new courses in existing institutions, which were already approved by All India Council for Technical Education (AICTE) – High Court however issued interim orders allowing the institutions concerned to participate in the second round of counselling – Challenge to – Held: At the point of time when the High Court passed the interim orders, neither had the State granted its NOC nor had JNTU granted affiliation – During pendency of these proceedings, the State Government granted its NOC – The process of affiliation is yet to be completed by JNTU – In this backdrop, the High Court ought not to have issued the impugned interim direction – Issuing such a judicial fiat even before the process contemplated by the Regulations is complete is likely to prejudice the students, often, in an irretrievable manner, in the event that the affiliation is eventually denied – Creation of equities in favour of students lead to serious issues subsequently, when such interim orders lead to admission of students to an institution which may eventually be denied affiliation – Now that the State Government has granted its NOC, JNTU indicated willingness to conduct the process of affiliation – Once the process of affiliation is complete, the High Court can be duly apprised of the result, in relation to each institution which has applied for permission – Meantime, the interim orders would remain stayed, to abide by the final result of the affiliation process – Regulations governing JNTU – Regulations 5.5, 5.6 and 6.1.
Jaya Gokul Education Trust v. Commissioner &
Secretary to Govt Higher Education Department,
Thiruvananthapuram, Kerala State and Another (2000)
5 SCC 231 : [2000] 2 SCR 1234; Jawaharlal Nehru Technological University Registrar v. Sangam Laxmi Bai Vidyapeet and Others (2019) 17 SCC 729 : [2018] 14 SCR 103; and A P J Abdul Kalam Technological
University and Another v. Jai Bharath College of Management and Engineering Technology and Others (2021) 2 SCC 564 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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