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| Court strikes down 1998 cabinet decision on Eng colleges | | |
Early Times Report
Jammu, June 8: Justice Nirmal Singh of Jammu and Kashmir High Court Jammu Wing, today struck down the cabinet decision dated September 14, 98 so far as it lays down the condition that no further request for setting-up engineering colleges in the state shall be entertained.
In the petition the private engineering college seeking quashment of provisions of the J&K Private Colleges (Regulation & Control) Act 2002 and the Rules framed under the said Act Vide SRO 339 of 2005 being ultra-virus of the Constitution. The petition also sought quashing cabinet decision of September 14, 98 being irrational, arbitrary and illegal and also seeking direction to the Board of Professional Entrance Examination to notify seats pertaining to the petitioner’s college for the purpose of counseling and allotment of seats for the sessions 2008-2009. The petition also sought direction to respondent state to consider case of petitioner for grant of permission to run the engineering college in view of the approval granted by AICTE.
Justice Nirmal Singh in approved for reporting judgment observed that it was only for ensuring coordinated development of technical education system, that the Act of 1987 was enacted by the central legislation and has been made applicable to the whole of country including the state of J&K. It is expected that the state authorities would be fair enough to act in accordance with the provisions of the Act and the Regulations framed there under.
Justice Singh disposed off the petition with the directions that Provision 3 (1) of SRO 339 of 2005 which prescribed prior permission from the competent authority for setting up new private engineering colleges is held to be ultra-virus of the Constitution and is accordingly quashed. The cabinet decision of September 14, 98, so far as it lays down the condition that no further request for setting-up of engineering college in the state shall be entertained is also held to be arbitrary, illegal, against the principles of natural justice and is struck-down. The petitioner trust shall be allowed to run its college in case the same has been granted approval by the AICTE in terms of the Act 1987. Court also directed University to consider the case of the trust for affiliation and allocation of students in accordance with the relevant rules for ensuing session 2009-10 and not for the sessions 2008-09 as the students if now allocated would not be able to cover the minimum attendance. Court also directed that state Government will formulate a policy regarding manpower requirement and other infrastructure facility for running of a new engineering college/institution in future but this shall be in consistence with the norms and standards laid down by the AICTE, appropriate steps in this regard be taken within a period of two months. JNF
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