VidhiSangh

Supreme Court of India · 21/06/2019

FOUNDATION FOR ORGANIZATIONAL RESEARCH AND EDUCATION FORE SCHOOL OF MANAGEMENT THROUGH ITS DIRECTOR versus THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION THROUGH THE MEMBER SECRETARY

[2019] 8 S.C.R. 787 · 2019 INSC 695

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Summary

An institution could not admit students beyond AICTE’s sanctioned intake even if it considered the regulator’s handling of its expansion request arbitrary. The prescribed five-times-fee financial penalty for 42 excess admissions was upheld. To protect students who had completed the course, their admissions were preserved and award of degrees directed, while the institution remained liable for the penalty after crediting its court deposits.

Issues

  1. Whether alleged delay or arbitrariness in approval justified admissions beyond sanctioned intake.
  2. Whether the prescribed excess-admission penalty should be reduced.
  3. What relief should protect students who completed the course.

Provisions considered

Held

Result

Writ petition disposed of. ₹23.10 crore penalty upheld; ₹4 crore deposited in Court to be adjusted, with balance ₹19.10 crore payable to AICTE within eight weeks, failing which lawful action permitted. Degrees directed for the students who completed the course. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 787.