W.P.(C)--7390/2019. Case: L.R. COLLEGE OF PHARMACY Vs. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION. High Court of Delhi (India)
| Case Number | W.P.(C)--7390/2019 |
| Citation | NA |
| Judgement Date | August 09, 2019 |
| Court | High Court of Delhi (India) |
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on : 08.08.2019 Date of decision: 09.08.2019
W.P.(C) 7390/2019 & CM No. 30801/2019
L.R. COLLEGE OF PHARMACY ..... Petitioner
Through: Mr. Sanjay Sharawat & Mr. Divyank
Rana, Advocates.
versus
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
..... Respondent
Through: Mr. Anil Soni & Mr. Abhinav Tyagi,
Advocates for AICTE.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT
ANU MALHOTRA, J.
-
The petitioner- Institute seeks that it be declared that it is entitled
start the Pharmacy Courses namely “Diploma in Pharmacy” and
of Pharmacy” on the basis of approval having been obtained from
Pharmacy Council of India and without obtaining approval from
respondent in terms of circular dated 07.06.2019 with the alternative prayer
that the respondent be directed to the grant of approval to the petitioner for
“Diploma in Pharmacy” and “Bachelor of Pharmacy” courses with an intake
of 60 and 100 seats respectively for the academic session 2019-20 at
earliest and permit it to admit the students and start courses from the
academic session.
-
The petitioner submits that it is an unaided and self financed institution
which was established by a registered trust with the object of
education in technical courses and had applied to the respondent- AICTE
seeking approval for “Diploma in Pharmacy” and “Bachelor of Pharmacy”
courses with an intake of 60 and 100 seats respectively for the
session 2018-19 and that the respondent granted approval of the said course
vide letter dated 30.04.2018 for the academic session 2018-19. The pe
submits that it was also required to obtain approval from the
Council of India (PCI) and applied for the same and that the
Council of India (PCI) also conducted an inspection and granted approval on
16.03.2018 for the academic session 2018-19. The petitioner submits
thereafter, it had to obtain affiliation from the Haryana State Board
Technical Education (HSBTE) and that Haryana State Board of
Education (HSBTE) wrote a letter dated 15.05.2018 to the AICTE allegin
that at the time of inspection, the building shown for the petitioner
was the same as that of another college named "SEHRAWAT COLLEGE
OF PHARMACY" which college was approved by the AICTE in the
2015 and thus, the AICTE on the basis of this letter issued a show
notice to the petitioner on 27.06.2018 to submit a reply within 10 days
that the petitioner could thus not start the course from the academic session
2018-19.
-
The petitioner submits that on 16.07.2018, it submitted its reply s
that the two colleges are totally different and were situated at a distance
about 2-3 Kms and were being run by different entities and that
considering the reply submitted by the petitioner, the AICTE decided
conduct the inspection to verify the correctness of the facts stated by
petitioner in its reply which was communicated by AICTE to the petitioner
vide letter dated 27.08.2018.
-
The petitioner submits that vide letter dated 31.01.2019, the Haryana
State Board of Technical Education (HSBTE) considered the request of the
petitioner and consented to grant affiliation for the academic session
2020 and that on 25.03.2019, a joint inspection of the petitioner
conducted by the AICTE and HSBTE and that in the meanwhile the
considered the application of the petitioner in its meeting held on 09th
10th April 2019 and granted approval for the academic session 2019-20
both the courses. The petitioner submits that vide an email dated 19.04.2019,
the AICTE called the petitioner for scrutiny of documents on 22.04.2019
after the scrutiny of the documents by the respondent-AICTE,
respondent- AICTE vide its report dated 22.04.2019 recommended the case
of the petitioner for grant of approval for Diploma in Pharmacy and the copy
of the EVC Report of the AICTE dated 22.04.2019 has been annexed
the petition as Annexure-P9, as per which, it was reported that the
had adequate facilities and infrastructure for starting a diploma programme
in Pharmacy.
-
The petitioner submits that even after the said
recommendation, the AICTE did not issue a letter of approval for
academic session 2019-20 and thus, the petitioner filed W.P.(C) 5333/2019
and vide order dated 14.05.2019, the respondent after the filing of that writ
petition, placed the petitioner under the “No Admission Category” for
academic session 2019-20. The said order dated 14.05.2019 of
respondent annexed as Annexure-P10 to the petition is to the effect:-
“F. No. AICTE/AB/NWR/PID 1-3707498591/2019-20 Dated: 14/05/2019 ORDER
-
Whereas, the AICTE is a statutory body established by AICTE Act, 1987. The said Act "provides for establishment of an All. India Council for Technical Education with a view to the propel planning and coordinated development of the technical education system throughout the country, the promotion of qualitative improvement of such education in relation to planned quantitative growth and the regulation of proper maintenance of norms and standards in the technical education system and' for matters connected therewith."
-
Whereas, Section 10 of the AICTE Act prescribes the function of the Council and mandates that it shall be the duty of the Council to take all necessary steps as it may think fit for ensuring coordinated and integrated development of technical education and maintenance of standards. Further, Section 10 (k) of the AICTE Act, empowers the AICTE to grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned.
-
Whereas, in order to discharge its duties in accordance with the provisions contained in the AICTE Act the AICTE has framed the regulations for grant of approval for starting new technical Institutions, introduction of courses or programmes and increase / variation of intake capacity of seats for the courses or programmes of existing Technical Institutions. The AICTE has also evolved a Hand book for approval process which details out the procedure as well as minimum conditions which an institute must fulfil in order to seek approval for either starting new Technical institutions or for introduction of courses / programmes as increase/ variation of intake capacity of seat for courses / programmes as well as existing Technical Institute.
-
Whereas, L R College of Pharmacy (PID1-3707498591), Hathin, Pahval, Haryana. The institute was granted LOA for A/Y 2018-19 for running Pharmacy Programmes (UG & Diploma level).
-
Whereas, the council has been received a letter dated 15.05.2018 from Secretary, Haryana State Board of Technical Education (HSBTE), Panchkula regarding non-grant of provisional affiliation. in respect of the institute on the ground that before considering Provisional affiliation for A/Y 201.8-19, an EVC was conducted to the institute on 09.05,2018 by HSIBTE, Panchkula and it was observed that building shown for the proposed L R College of Pharmacy is same as that of Sehrawat College of Pharmacy approved by AICTE and affiliation to HSBTE.
-
Whereas, based on the complaint of HSBTE, Panchkula, SCN dated
27.06.2018 was issued to the institute. The institute has denied the allegation made in complaint vide its reply letter dated 16.07.2018.
-
Whereas, the matter was placed before Standing Hearing Committee on 13,08,201S for observation/ recommendation- The representative of the institute was also present before the committee. The committee recommends that a joint EVC by AICTE and HSBTE be conducted simultaneously at the cost of Institute.
-
Whereas, a joint EVC was conducted by AICTE and Dr. Sultan Singh, GOAF, HSBTE to the institute on 25.03.2019, which contains deficiencies. The EVC report has been uploaded on portal.
-
The EVC report was placed before Standing Hearing Committee on
06.04,2019 for recommendation. The representatives of the institute were also present before the SHC. The recommendation of SHC is as follows:
Recommendation:
"Joint inspection was to be conducted by AICTE with HSBTE to dispose off the instant case wherein, it was to be ascertained that whether the building for the L.R. College of Pharmacy and Sehrawat College of Pharmacy are same. From the perusal of EVC report the aforementioned aspect could not be ascertained. Further, the HSBTE representative in his letter dated 25.03.2019 has expressed his reservation about starting diploma course in the same building.
In the aforementioned circumstances, it is recommended to conduct simultaneous scrutiny with EVC for both the institute viz. LR. College of Pharmacy and Sehrawat College of Pharmacy by same teams before considering any future extension of approval.
-
Whereas, a simultaneous Scrutiny with EVC was conducted by R.O. both of the following institutes, which contains deficiencies.
-
L. R. College of Pharmacy (PID 1-3707498591), Hathin, Palwal, Haryana
-
Sehrawat College of Pharmacy (PID1 ^2491139531 j, Hathin, Palval, Haryana.
-
Whereas, the Institute was given an appeal before Standing Appellate Committee (SAC) on 29.04.-2019. The observations and recommendation of SAC are as under: -
SI. No.
Deficiency noted by Scrutiny/KVC Committee
Observations and supporting proof verified by Standing Appellate Committee to clear the deficiencies
-
Proof of working capital (funds) (Refer APH 2018-19)- Not presented
-
Certificate issued by bank
manager regarding
financial status of application (Refer-APH 2018-19) -Not presented
-
Details of Classification of Land (Mega-/Metro/Urban/Rural) Certificate by the Competent Authority), Land Conversion Certificate & Land Use Certificate arc same.
-
Details of Site Plan and Complete Building Plan of proposed Technical Institute prepared by an Architect registered with Council for
Not produced. Not Accepted
Documents submitted. Accepted.
Architecture (COA)/licensed surveyor and duly approved by the
Competent Plan Sanctioning Authority of. The concerned State/UT Admission are same
-
Shortfall in Classroom, Laboratory and Seminar Hall-...
To continue reading
Request your trial