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Supreme Court of India

FOUNDATION FOR ORGANISATIONAL RESEARCH AND EDUCATION FORE SCHOOL OF MANAGEMENT vs ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE) on 30 May, 2017

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2017 INSC 472W.P.(C) No.-000388 - 2017Official PDFAuthor Arjan Kumar SikriBench Arjan Kumar Sikri, Deepak Gupta, Hemant GuptaAdvocates M. SHOEB ALAM

CIVIL ORIGINAL JURISDICTION

Heard learned counsel for the parties.

The present writ petition raises the issue concerning

the Post Graduate Diploma in Business Management-

International Business (PGDM-IB) program. By means of

letter dated 10.04.2017, the respondent sanctioned the

petitioner to increase its intake in the PGDM-IB program

by 60 students. Thus, the total seats available in the

PGDM-IB program became 120 (60 seats were already

sanctioned since 2007). The petitioner accordingly

notified its intake capacity of 120 seats in the PGDM-IB

course and on this basis started accepting fee and making

admissions to the said course. By means of corrigendum

letter dated 21.04.2017 the respondent withdrew the

increased intake of 60 seats thereby reducing the capacity

to 60 seats instead of 120 seats.

From the aforesaid it is clear that the respondents

Digitally signed by were satisfied with the fulfillment of requirements by theASHOK RAJ SINGH

aforesaid program is concerned and it is after the said

satisfaction that the number of seats were increased from

60 to 120.

The reason for issuing the corrigendum letter dated

21.04.2017 thereby withdrawing increase in intake was that

there was no accreditation by the National Board of

Accreditation. However, the fact remains that the

petitioner institution has been duly accredited by the

National Board of Accreditation. This accreditation

elapsed and the petitioner had well within the time

applied for renewal. Thereafter, it is the National Board

of Accreditation which took some time in giving this

renewal which has now been received on 18.05.2017.

Therefore, in the aforesaid circumstances there is no

reason why not to give the benefit of increase in seats

more so when the petitioner institution has already

admitted legitimate students against the said increase.

This writ petition is accordingly allowed; the

corrigendum letter dated 21.04.2017 is set aside and the

earlier letter dated 10.04.2017 by which increase in seats

was granted is restored.

[A.K.SIKRI]

Date : 30/05/2017 This petition was called on for hearing today.

CORAM :

For Petitioner(s)

Mr.Jayant Bhushan, Sr.Adv.

Mr.M.Shoeb Alam, Adv.

Mr.R.K.Joshi, Adv.

Mr.Talha A. Rehman, Adv.

Mr.Saurabh Joshi, Adv.

Ms.Fauzia Shakil, Adv.

Mr.Ujjwal Singh, Adv.

Mr.Mojahid Karim Khan, Adv.

For Respondent(s)

Mr.Anil Soni, Adv.

UPON hearing the counsel the Court made the following

The writ petition is allowed in terms of the signed order.

(Ashok Raj Singh) (Mala Kumari Sharma) Court Master Court Master (Signed Order is placed in the file)