ITEM NO.26 COURT NO.1 SECTION IV-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). 36438/2022

(Arising out of impugned final judgment and order dated 23-09-2022 in WA No. 889/2022 passed by the High Court of Karnataka at Bengaluru)

ALL INDIA COUNCIL OF TECHNICAL EDUCATION Petitioner(s)

VERSUS

KEERTHANA Y. H. & ORS. Respondent(s)

( IA No.188491/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.188490/2022-PERMISSION TO FILE SLP)

Date : 14-12-2022 This petition was called on for hearing today.

CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

For Petitioner(s) Mr. Harish Pandey, AOR

For Respondent(s)

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

• 1 Permission to file the Special Leave Petition is granted.
• 2 The grievance of the petitioner is that
  • (i) the impugned order of the High Court dated 23 September 2022 directing a 10% increase in seats in IT related batches in colleges has been passed in a proceedings to which it was not a party; and

(ii) Such a direction could not have been issued having regard to the decision of this Court in Parshvanath Charitable Trust & Ors Vs All India

Council for Technical Education & Ors 1 .

• 3 Since the petitioner was not a party to the proceedings before the High Court, we are of the considered view that it would be appropriate if the petitioner is granted liberty to move the High Court for the grievance raised in these proceedings.
• 4 The petitioner is accordingly granted liberty to move the High Court.
• 5 If the petitioner is aggrieved by the judgment of the High Court rendered on the application moved by it, the petitioner would be at liberty to move this Court afresh including on the grounds which are set out in these proceedings.
• 6 In order to enable the petitioner to move the High Court, we direct that no coercive steps shall be taken against the petitioner for a period of six weeks.
• 7 The Special Leave Petition is accordingly disposed of.
• 8 Pending applications, if any, stand disposed of.

<span id="page-1-0"></span>(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR)

AR-CUM-PS ASSISTANT REGISTRAR