Menda Srinivasa Rao vs. Adari Naga Durga Kishore

1

ITEM NO.19 + 50 COURT NO.11 SECTION XII-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 3501/2018

(Arising out of impugned final judgment and order dated 19-01-2018 in WP No. 1683/2017in WP No. 34857/2017 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh)

JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY THR. REGISTRAR Petitioner(s)

VERSUS

THE CHAIRMAN AND MANAGING DIRECTOR, TRANSMISSION CORPORATION OF TELANGANA LTD & ORS. Respondent(s)

(IA No.16980/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.16974/2018-PERMISSION TO FILE SLP/TP and IA No.18164/2018-I/A FOR PERMISSION TO FILE ADDITIONAL GROUNDS)

WITH SLP(C) No. 3755/2018 (XII-A)

Diary No(s). 3731/2018 (XII-A)

Diary No(s). 4347/2018 (XII-A) (FOR PERMISSION TO FILE SLP/TP ON IA 19756/2018 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 19758/2018)

Diary No.5836/2018 (FOR PERMISSION TO FILE SLP/TP ON IA 24573/2018 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 24574/2018)

Date : 16-02-2018 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Petitioner(s)	Mr. K.K. Venugopal, AG.
	Mr. Ramachander Rao, Adv.
	Mr. P. Venkat Reddy, Adv.
	Mr. A. Raghunath, Adv.
	Mr. Dharmesh, Adv.
	Mr. Prashant Tyagi, Adv.
	for M/S.<br>Venkat Palwai Law Associates, AOR
	Mr. Rakesh Dwivedi, Sr. Adv.

Mr. Sridhar Potaraju, AOR

	Mr. Prabhat Kumar, Adv.<br>Mr. Sindoora VNL, Adv.<br>Ms. Ankita Sharma, Adv.
	Mr. Neeraj Kishan Kaul, Sr. Adv.<br>Mr. P. Prabhakar, Adv.<br>Mr. B. Ramana Murthy, AOR
	Mr. C.S. Vardhyanathan, Sr. Adv.<br>Mr. P. Prabhakar, Adv.<br>Mr. Anil Kumar Tandale, AOR
	Mr. V.V.V. Pattabhi Ram, Adv.<br>Mr. Sanjay Kumar Tyagi, Adv.
For Respondent(s)	Mr. Gopal Subramanium, Sr. Adv.<br>Mr. K.G. Krishna Moorty, Adv.<br>Mr. G. N. Reddy, AOR
For AICTE	Mr. Harish Pandey, Adv.<br>Mr. Anil Soni, Adv.

UPON hearing the counsel the Court made the following O R D E R

SLP(C) Diary No(s). 3501/2018:

Permission to file the special leave petition is granted. Learned Attorney General has pointed out that in view of the judgment of this Court in "Bharathidasan University & Anr. Vs. All India Council For Technical Education & Ors.", (2001) 8 SCC 676, no prior approval of the All India Council for the Technical Education (AICTE) is required by the petitioner – University for starting engineering courses.

The petitioner – University is a State University and it gave admissions in transparent manner only to the Government Employees. There was a contact programme and faculty was available. Practical work also held. DEC gave ex-post facto approval. The standards have not been compromised.

2

It was also submitted that upto 2005, there were no bar for such courses being conducted even by Universities other than the State Universities. It is also stated that after 2009, the distance education system has been closed.

It has been suggested that it will be necessary to hear the UGC also.

AICTE and UGC are added as party - respondents.

Mr. Harish Pandey, Advocate appears and accepts notice on behalf of AICTE and seeks time to take instructions.

Let notice be issued to UGC, returnable on 21.03.2018.

In the meanwhile, status quo, as of today, shall be maintained by the parties.

In SLP(C) No. 3755/2018, SLP(C) Diary No(s). 3731/2018, SLP(C) Diary No(s). 4347/2018 & SLP(C)Diary No.5836/2018:

Put up these matters along with SLP(C) Diary No(s). 3501/2018.

(SWETA DHYANI) (PARVEEN KUMARI PASRICHA) SENIOR PERSONAL ASSISTANT BRANCH OFFICER