Top Court asks JNTU to complete process of affiliation strictly in accordance with its Regulations, as State of Telangana has granted its NOC

Read Judgment: Jawaharlal Nehru Technological University vs. Crescent Educational Society & Others

Pankaj Bajpai 

New Delhi, November 26, 2021: The Supreme Court has recently directed Jawaharlal Nehru Technological University (JNTU-Appellant) to complete the process of affiliation strictly in accordance with its Regulations within a period of ten days, since the State of Telangana has granted its NOC on November 1, 2021.  

A Division Bench of Justice Dr. D.Y. Chandrachud and Justice A.S. Bopanna therefore observed that after JNTU completes the process of affiliation, after due verification and inspection of the infrastructure and other facilities available at the institutions concerned, an affidavit shall be filed before the High Court of Telangana indicating the outcome of the process. 

The Bench however clarified that it has not issued any mandate or direction for breaching the time lines which have been prescribed by All India Council for Technical Education (AICTE) for completion of the process of approval, affiliation and admissions.

The observation came pursuant to certain interim orders being passed by the Telangana High Court, whereby it had held that the action of Jawaharlal Nehru Technological University (JNTU-Appellant) in seeking the approval of the State Government before granting affiliation to new courses in existing institutions, which have already been approved by AICTE, was contrary to the decision of this Court in the case of Jaya Gokul Education Trust vs. Commissioner & Secretary to Govt. Higher Education Department, Thiruvananthapuram, Kerala State and Another. 

Consequently, the present appeal challenged the direction given by the High Court to the JNTU to notify the institutions in the course of the second phase of counseling, thereby allowing students to be admitted to the courses. 

After considering the arguments, the Top Court found that when the High Court had passed its interim orders, neither had the State granted its NOC nor had JNTU granted affiliation. 

During the pendency of the proceedings, the Higher Education (TE) Department of the Government of Telangana has granted its NOC on November 1, 2021, and the process of affiliation is yet to be completed by JNTU, added the Court. 

Hence, the Division Bench observed that the High Court ought not to have issued an interim direction so as to allow the institutions concerned to participate in the second round of counselling. 

Issuing such a judicial fiat even before the process contemplated by the Regulations is complete is likely to prejudice the students, often, in an irretrievable manner, in the event that the affiliation is eventually denied, concluded the Bench. 

“Experience indicates that the creation of equities in favour of students leads to serious issues subsequently, when the interim orders of the High Court lead to the admission of the students to an institution which may eventually be denied affiliation. Therefore, the interim direction cannot be sustained”, observed the Apex Court.  

The Apex Court further found that since the State Government has granted its NOC, JNTU has indicated in its submissions, a willingness to conduct the process of affiliation. Accordingly, the counsel on behalf of JNTU stated that JNTU will conduct the process of affiliation within a period of ten days.

Once the process of affiliation is complete, the High Court can be duly apprised of the result, in relation to each institution which has applied for permission. Meantime, the interim order would remain stayed, to abide by the final result of the affiliation process, added the Court.