ALL INDIA COUNCIL FOR TECH EDUCATION v. CAMBRIDGE ENGINEERING COLLEGE AND ORS
LPA/201/2015 · 2025-09-10
Harsimran Singh Sethi, Vikas Suri
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80646 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80646 (PNJ) · dailylaw.ai ]
Judgment text
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LPA-201-2015(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 203 LPA-201-2015(O&M) Date of Decision : 10.09.2025 All India Council for Technical Education (AICTE), New Delhi ... Appellant Versus Cambridge Engineering College and others ... Respondents
CORAM:
HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present: Mr. Nitin Kaushal, Advocate for the appellant. Mr. Suvir Sidhu, Advocate for respondent No.1. **** HARSIMRAN SINGH SETHI
J. (ORAL)
1. The present appeal has been filed against the order passed by the learned Single Judge dated 05.12.2014 by which, the direction was given to the appellant herein to reimburse the amount of scholarship fee and lodging fee which has been claimed by the respondent – College along with interest @ 9% qua the students admitted in the respondent – College.
2.
Learned counsel for the appellant has raised only one grievance qua the impugned judgment that the admission of students with respondent - College with regard to the courses under which such admissions were made,
LPA-201-2015(O&M) 2 the same were to be finalised before 30th September of each year and any admission of any student made beyond the said date, the scholarship fee qua such late admitted students could not be released, which fact has been ignored by the learned Single Judge while directing that all the students admitted by the respondent-college, and who studied therein, the tuition fee and the hostel fee of such students admissible to respondent – College, is to be released.
3.
Learned counsel for the appellant submits that no benefit of scholarship could be given to a student, whose admission has been made without following the process envisaged under law, and hence no amount qua such students qua their scholarship or accommodation fee can be given to respondent No.1.
4.
Learned counsel appearing on behalf of the respondent-College submits that once, no objection was taken up by the appellant qua the admission of any student that, whether the same has been done prior to 30th September or thereafter, and the students were allowed to study with the respondent – College, the scholarship fee admissible to such College qua all the students could not have been denied and keeping in view the said facts, the benefit of reimbursement has been allowed by the learned Single Judge, which judgment may kindly be upheld. 5. We have heard learned counsel for the petitioners and have gone through the case file with his able assistance. 6. It is a conceded fact that the admissions of students which were made prior to 30th September, the reimbursement qua the such number of
LPA-201-2015(O&M) 3 students regarding their tuition fee and hostel fee has been made by the appellant. The only grievance is with regard to the reimbursement of amount qua the tuition fee and hostel fee qua admissions of students made after 30th September. It may be noticed that once the admissions of students made even after 30th September has not been treated against the rules by the appellants in any manner and such students have been allowed to continue for their studies in respondent- institute and during the course of arguments it has also been brought to the notice of the Court that such students were later on transferred to other institutions for continuance of their studies, qua such students also, the respondent – institute is liable to be reimbursed. Once the admissions of students were allowed to be continued after 30th September and such students concededly studied with the respondent- College, the order passed by the learned Single Judge directing the reimbursement of scholarship fee to the respondent - institution, is perfectly valid and legal. 7. Further, the judgment of the learned Single Judge can only be interfered in case the same is contrary to the facts or perverse in law. No such perversity either on facts or law has been brought to the notice of this Court. Hence, no ground is made out for any interference and the appeal is dismissed. 8.
At this stage, learned counsel for the appellant submits that though certain documents have been submitted by respondent - institution to claim the amount of reimbursement qua the remaining students who were admitted after 30th September but in case there is any discrepancy in the said
LPA-201-2015(O&M) 4 documents, the same may also be asked from the College for clarification and the College be directed to respond to such queries made by the appellant qua these documents. 9.
Learned counsel for the respondent submits that all the relevant documents qua said remaining students have already been submitted and attached with the petition also and as the college has already closed for about last one decade, it would be very difficult to give any other document at this stage. Hence, entitlement of the the respondent – institution qua reimbursement of tuition fee and hostel fee qua students admitted after 30th September, be decided and released on the basis of the documents already submitted by the respondent-institution.
10. Keeping in view the said fact, on the basis of the documents already submitted or attached with the petition, the same be taken into
consideration for reimbursement of scholarship qua aforementioned students.
11. Let the order be complied with within a period of eight weeks from the date of receipt of certified copy of this order.
12. Pending application(s), if any, stands disposed of.
(HARSIMRAN SINGH SETHI)
JUDGE
(VIKAS SURI) 10.09.2025 JUDGE Satyawan Whether speaking/reasoned : Yes / No Whether reportable : Yes / No