HYDERABAD: In a major setback to Sultan Ul Uloom Educational Society (SUES) and engineering, pharmacy and MBA colleges run by the society, the Telangana High Court upheld the decision of AICTE in not granting affiliation or extension of approval to those courses in its institutions.
The society runs the Muffakham Jah College of Engineering, Amjad Ali Khan College of Business Administration and Sultan ul Uloom College of Pharmacy.
Back in 2017, AICTE did grant affiliation or extension on the grounds that the society and its colleges had failed to submit title or ownership of the lands where the colleges are situated. It had also failed to submit occupancy certificates (OCs) and other documents related to the title and buildings.
As per Clause 6 of the AICTE Regulations, 2016, for establishing a technical education institution, the promoter society/trust/company of a new technical education institution shall have the required land and lawful possession with clear title in the name of the promoter.
But, the land admeasuring around acres 24.10 guntas situated at road no. 3, Banjara Hills, and known as Mount Pleasant building, where the said colleges are situated and are claimed by the society is in dispute and title of ownership has not been given to the society. Several civil cases are pending over the said land.
After denial of approval, the society approached the Telangana High Court in 2017 challenging AICTE’s decision, stating that it will affect the future of around 6,000 students. The High Court had granted permission on the condition that the students shall be informed about the pending cases. Meanwhile, several private parties, who are claiming around six acres in the said land, approached the High Court in 2018 to direct the AICTE to withdraw the approval and not to extend approvals. Three designated senior counsels appeared in the batch of petitions.
S. Niranjan Reddy represented SUES, B. Chandrasen Reddy for the private parties and K. Vivek Reddy appeared for AICTE and another counsel M. Govind Reddy appeared for some of the private parties.
The pending petitions of 2017 and 2018 were disposed of by Justice C.V. Bhaskar Reddy on Thursday and the judge made it clear that AICTE, being the competent authority, is conferred with the power to grant approvals subject to fulfilling the conditions laid down under the regulations.
Justice Bhaskar Reddy also said that AICTE has rightly passed the impugned orders on the ground of non-compliance of regulations and the same does not suffer from any legal infirmities warranting interference.
However, the judge made it clear that dismissal of the writ petitions filed by the society will not affect the admission of students in its institutions for any of these academic years, nor the consequential issuance of certificates to the students.
The court also imposed costs of `50,000 each on the three colleges run by the society and on some private persons for filing writ petitions without any valid grounds. They were directed to pay the said costs at Sri Vidhyas Centre for the Special Children (Orphanage) situated at Plot No.24, Block No.3, Seva Mandal Society, Mahendra Hills within two weeks.
The High Court also rejected the society’s claim over the said land on the ground that it is in long possession of the subject property. The judge maintained that long possession over any land does not confer any right, unless the said possession has been recognised by granting declaratory decree by a competent court.
Justice Bhaskar Reddy also faulted the argument of the society that the approval must be granted on the ground that the AICTE had been continuously granting approvals with the same facts in cases of title disputes. The said contention is nothing but compelling the AICTE to repeat an illegality or to issue another unwarranted order, the judge observed.