WA/635/2015 of Jawaharlal Nehru Technological University Hyderabad, Vs Mumtaz Yaruddowla Wakf, on 31 December 2015

HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE

ANDTHE HON’BLE SRI JUSTICE S.V. BHATT

W.A.No.635 OF 2015

PC:(Per the Hon’ble Sri Justice S.V.Bhatt)

Heard learned Advocate General for the appellant-University and Mr.K.V.Rusheek Reddy forrespondent-institution/college.

In terms of interim orders dated 15.07.2015, 23.09.2015 and 06.11.2015, the University and AICTE havecarried inspection of respondent-institution and further a re-verification inspection to find out compliance statuson deficiencies was carried out by the appellant-University and Assistant Registrar of this Court nominated forthis purpose. From the latest reports, it is evident that the deficiencies pointed out by the University, whichresulted in disaffiliation of a few courses in respondent-institution, are still subsisting. With the assistance oflearned counsel appearing for the parties, we have perused the reports on the faculty/ infrastructural facilities available in respondentinstitution. The college, pursuant to our order, has admitted a few students under convenor and managementquotas. At the earliest point of time, it was made clear that the respondent-institution on fact if is not entitled for grant of affiliation for the academicyear 2015-16 the students so admitted by the respondent-institution will be transferred and accommodated in other recognized institution/ college. Before proceeding to consider thealternative prayer, for the limited purpose of disposing of the appeal, we are constrained to observe that therefusal to accord affiliation for a few courses by the University is justifiable even by reports made availableduring subsistence of the batch of appeals. Keeping in mind the students already admitted, we are of the viewthat continuation of academic career of the students already admitted in the respondent-institution is not in theirinterest prosecuting these courses.

Learned Advocate General appearing for the appellant-University submits that students are admitted inrespondent-institution and these students would be accommodated/transferred to other recognized collegeswithin a period of two weeks from today. His statement is recorded and accepted.

The students admitted in the aforesaid courses under convenor quota are directed to approach theconvenor within a period of ten days from today. The convenor shall take steps to accommodate/transfer thesestudents in recognized college within ten days there from. The students admitted under management quota aredirected to approach the Registrar, JNTU within ten days from today. The Registrar, JNTU is directed toaccommodate the list of students admitted under management quota within a period of ten days there from.

With these directions, the appeal is disposed of. It is needless to mention that the order impugned in thewrit appeal renders ineffective insofar the respondent-institution/college in W.P.No.20179 of 2015. The respondent-institution shall refund the fees paid by students to be transferred as aforementioned within a period of one week from today. The students transferred/ accommodated in other recognizedinstitutions/colleges shall be subject to fee adjustment, if any.

Consequently, miscellaneous petitions, if any pending, also stand disposed of.

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DILIP B. BHOSALE, ACJ

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Date: 31.12.2015

Lrkm

S.V.BHATT, J