Prof Shantha Sinha vs State Of Telangana And 7 Others

The petitioner before this Court has filed this writ petition as a public interest litigation being aggrieved by an order dated 29.04.2021 passed by the State Board of Technical Education and Training, Telangana, discontinuing certain diplomas courses. The petitioner’s contention is that the institution in question, Kamala Nehru Polytechnic for Women, is a very old institution and is offering various diploma courses for the last many years for girl students by charging subsidised charges and abruptly, by the order dated 29.04.2021, large number of diploma courses have been put to an end.

This Court has issued notice in the matter and a counter affidavit has been filed by the respondents. The counter affidavit filed by the respondent State reveals that it was the institution – respondent No.6, who has submitted a letter of request for closure of certain diploma courses and based upon the letter dated 24.04.2021 of the Secretary of Kamala Nehru Polytechnic for Women, the courses have been put to an end. Similarly, the All India Council for Technical Education (AICTE) has also taken a similar action in the matter. Meaning thereby, now the diploma courses like, DCCP, DGT, DPH, DHMCT & DAA have been closed down from the year 2021-22. Thus, the counter affidavit makes it very clear that it was the institution which has made a request to the State Government and to AICTE for closure of the courses.

Learned counsel for the respondents No.5 and 6 has argued before this Court that as the grant-in-aid was not being released, the institution was left with no other choice, except to close down the courses and subsequently, the institution on 03.08.2021 has requested the State Government to release the grant-in-aid and also to grant permission to continue the courses which have been closed down by the impugned order.

Learned Government Advocate is fair enough in stating before this Court that the request of the institution shall certainly be considered sympathetically, as the institution is catering to the need of girl students, that too from weaker sections of the society.

Learned counsel for the petitioner has argued before this Court that this is one particular institution in the State of Telangana which is providing only diploma courses to girl students making them eligible for jobs and other vocational opportunities and continuation of such courses is in larger public interest.

This Court, after hearing the learned counsel for the parties, is of the opinion that the State Government is certainly under an obligation to consider the request of the institution afresh in the light of the letter dated 03.08.2021 for continuing the courses and continuing the grant-in-aid, which the institution was receiving earlier. The State Government shall take an appropriate decision in the matter sympathetically within a period of 45 days from today. The AICTE shall also thereafter take appropriate decision based upon the decision taken by the State Government in the matter.

With the aforesaid, the public interest litigation stands disposed of.

The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.