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Government Mohindra Institute of Information Technology & Anr. v. All India Council for Technical Education & Ors.

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 404 of 2015)Decided 10 Aug 2015
Writ Petition (Civil) No. 404 of 2015
Justice Anil R. Dave · Justice Kurian Joseph

Background

A 140-year-old government college in Punjab applied to the All India Council for Technical Education (AICTE) to start a new MCA course for the 2015-16 academic year. AICTE's Standing Appellate Committee rejected the application on 30 April 2015, citing deficiencies found during inspection, even though the college had already sent a letter on 24 April 2015 addressing those deficiencies. That letter was never placed before the Committee when it met on 27 April 2015 to decide the appeal.

Decision Breakdown

The Supreme Court held that failing to place the college's 24 April 2015 letter (showing deficiencies had been substantially removed) before the Standing Appellate Committee before it decided the matter violated the principles of natural justice. The Court found the respondent's own counsel did not dispute the underlying facts, and that any remaining defect was negligible given the college's long-standing reputation. It therefore quashed both the original rejection order (7 April 2015) and the appellate rejection order (30 April 2015), and directed AICTE and the affiliating university to reconsider and grant permission promptly, given the looming admission deadline of 15 August 2015, allowing intake of 60 students.

Lesson Learnt

A decision-making body must consider all relevant communications and evidence placed before it by a party before ruling against that party, failing to do so, even inadvertently, can amount to a violation of natural justice that renders the decision liable to be quashed.

Official source (sci.gov.in)View Judgment (PDF)

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