Under EPSI umbrella, a team of very senior and learned lawyers comprising Mr. K. K. Venugopal; Mr. Huzefa Ahmadi; Mr. Gopal Shankranarayan; Mr. Naresh Kaushik; Mr. Rohit Bhatt and For Mrs. Lalita Kaushik Advocate Mr. Renjith B, presented and pushed the demand for extension of stay for academic session 2016-17 against the AICTE notification 2010 on PGDM B-schools in the Supreme Court and again emerged winner in successfully getting extension of Stay for 2016-17.
Petition I.A. NO.7/2015 in Writ Petition (Civil) No.92/2011 of Education Promotion Society for India & others came up for hearing on December 4, 2015 in the court no. 9 of Supreme Court of India before the bench of judges comprising Hon’ble Mr Justice M. Y. Eqbal and Hon’ble Justice C. Nagappan. The petition was heard early in the morning and immediately after the hearing the Apex Court granted extension of stay to EPSI against the AICTE controversial order of Dec 28, 2010 trying to disrupt the autonomy of PGDM B-schools.
Another significant achievement that EPSI was able to make during the hearing at Supreme Court in the early hours on Dec 4, 2015 was that the team of lawyers contesting the case on behalf of AICTE also could not object to the proposed order of the Supreme Court. In its historic order dated December 4, 2015, Hon’ble Supreme Court of India has highlighted this fact and states “Mr. Anil Soni, learned counsel appearing for the respondent-AICTE, submits that he has no objection in the event the interim orders passed by this Court are further extended for the
Academic Sessions 2016-2017.”
On behalf of EPSI the team of lawyers made humble submission and Hon’ble Supreme Court has accepted this fact in its order “Mr. K. K. Venugopal, learned Senior Counsel appearing for the petitioners, submits that having regard to the pendency of the matter before the Larger Bench, it would be proper for the ends of justice if the interim orders passed by this Court be extended for the Academic Sessions 2016-2017.”
After weighing the appeals and arguments from EPSI and AICTE, Hon’ble Supreme Court decided to extend the stay against AICTE order of Dec 2010 and passed the order “ In view of the aforesaid premises, we direct that the interim orders passed by this Court on 10.07.2012 and 18.02.2013 are extended and shall continue for the Academic Sessions 2016-2017. These interlocutory applications stand disposed of accordingly.”
The autonomy and status quo of PGDM B-schools on the Writ petition filed by EPSI will continue for 2016-17 also after the grant of extenmsion of stay by Honourable Supreme Court of India. the PGDM B schools were in dilemma whether to go ahead with their PGDM admission process for the academic year 2016-17. With this order the fog stands cleared now.
The order of Apex court comes as a great relief to PGDM B-schools who could not proceed with the admission process for the academic session 2016-17 as the earlier stay of the Supreme Court against AICTE notification was valid only for the academic year 2015-16.
Sharing the information Dr H Chaturvedi Alt President of Education Promotion Society for India (EPSI) informed immediately after the stay was granted “Supreme Court has granted Stay against AICTE order of 2010 which attempted disruption in autonomy of 600 PGDM Institutions.”
Now the PGDM institutes will be able to continue with their autonomous status and will accept admissions as earlier for the academic year 2016-17.
The extension in stay was sought to clear the way for PGDM admission process in academic session 2016-17 in 600 PGDM B-schools and for restoring the status quo and autonomy of PGDM institutions for the year academic year 2016-17. Accordingly EPSI filed a Writ petition which came up for hearing in the Supreme court early morning on December 4, 2015.
The Writ petition was filed when matter was not sorted out either by MHRD or AICTE. Education Promotion Society for India (EPSI) leadership earlier met HRD Minister Smriti Irani on September 2, 2015 and made a representation to solve the issue, and has also been trying to seek guidance from Chairman, AICTE to resolve the issue amicably, their efforts could not yield the desired and timely result.
Since the admission process for academic session to PGDM 2016-17 is about to begin shortly, EPSI was left with no alternative but to seek the directive from the Supreme Court of India on extension of prevailing interim orders for the Academic Year 2016-2017 and requested the Apex court to direct the respondent AICTE to continue the approvals for the Academic Year 2016-2017 for admissions.
Commenting on the need for filing petition in Supreme Court, Dr H Chaturvedi, Alt President, EPSI said, “Since we have not got support from MHRD or AICTE on this burning issue for admission of students for the year 2016-17, it is necessary to obtain extension of stay from the Hon’ble Supreme Court of India.”
It should be remembered that PGDM B-schools were created on the lines of IIMs by MHRD, Government of India as independent Centers of Excellence. In last 50 years, B-schools like XLRI, SPJIMR, MDI, IMI, IMT, TAPMI, BIMTECH and many others have met their promise by providing quality education to lakhs of the students.
Since 1987, as the statutory regulator, All India Council for Technical Education (AICTE), has framed policies for PGDM B-schools and PGDM B-schools have abided by it. However, on December 28, 2010, AICTE issued a notification under which autonomy of PGDM institutions with regards to admission, curriculum framing, evaluation, fee fixing and governance was proposed to be withdrawn. Since it had spelt disaster for the autonomy and effective functioning of PGDM programme, PGDM institutions had to approach the Supreme Court in the matter.
The Hon’ble Supreme Court in its four interim orders issued on March 17, 2011, July 26, 2011, March 1, 2012, August 29, 2013 and October 15, 2014 has restored the status quo and stayed AICTE’s Notification of December 2010. In its order dated Dec 4, 2015 Hon’blt Supreme Court has also highlighted and referred to its earlier orders “Reference may be made to this Court's order dated 15.10.2014 which reads as under: “We have heard Dr. A.M. Singhvi and Mr. K.K.
Venugopal, learned Senior Counsel appearing for the petitioners and also Mr. Amitesh Kumar, learned counsel appearing for the respondent-All India Council for Technical Education (AICTE). Mr. Amitesh Kumar, learned counsel submitted that since the matter concerning same subject is referred to the larger Bench and the matters are sub-judice, it would be appropriate to defer the hearing of these cases. However, he has no objection with regard to extension of interim relief granted by this Court on earlier occasions. Having regard to the submission made by Mr. Amitesh Kumar, learned counsel appearing for AICTE, the interim orders passed by this Court on 18.02.2013 as well as on 10.07.2012 shall continue for the academic session 2015-2016 also.”
Education Promotion Society for India (EPSI), a not for profit autonomous society with mandate from Universities and institutions as its members is the frontrunner to deliberate on the issues and concern to raise education quality and attain benchmark standards of the national and international level.
Other association and bodies are also supporting EPSI, which is fighting for the cause of autonomy and level-paying field for PGDM institutions.
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