Fore School of Management through its Director v. The All India Council for Technical Education

Foundation for Organizational Research and Education Fore School of Management through its Director v. The All India Council for Technical Education - Supreme Court Important Judgment 2019 - 

On 21st June, 2019, in the case of Foundation for Organizational Research and Education Fore School of Management through its Director v. The All India Council for Technical Education through the Member Secretary [Writ Petition (Civil) No.581 of 2016], the Supreme Court held that the action of the petitioner-educational institution in granting admission to the students beyond the seats sanctioned was “totally illegal and contrary to law.”

In the case at hand, the petitioner, despite having no permission for increase in seats, admittedly granted permission to students in excess of the seats. Without going into the submission made by the petitioner that the All India Council for Technical Education (AICTE) delayed the grant of permission and acted arbitrarily, the Supreme Court observed that “even assuming that the decision of the AICTE was not correct, the petitioner institution had no business to admit students beyond the number permitted by the AICTE. In case the petitioner institution felt that the AICTE was delaying the matter or was not acting fairly, the proper course for the petitioner was to have approached this Court and prayed for appropriate relief. The petitioner could not take the law into its own hand and grant admission to students in excess of the seats permitted by the AICTE.”

However, in the facts and circumstances of the case, the Supreme Court did not set aside the admission of the students “because that action would be too harsh upon the students who should not suffer for the totally illegal action of the petitioner institution.” The Supreme Court was of the considered view that “the students who had paid large sums of money should not be made to suffer.” Noticing that “they have already completed the course but the degrees have not been awarded to them”, the Supreme Court directed “that the degrees be awarded to the said students.”