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Supreme Court of India 2019-06-21 disposed

FOUNDATION FOR ORGANIZATIONAL RESEARCH AND EDUCATION FORE SCHOOL OF MANAGEMENT THROUGH ITS DIRECTOR vs THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION THROUGH THE MEMBER SECRETARY

Bench: 2 — Deepak Gupta, Surya Kant

In Brief

FORE School of Management sought approval from AICTE to increase seats but received only extension of existing approval. Despite lacking permission, it admitted 51 students in excess of approved capacity. AICTE subsequently rejected the increase request and imposed a penalty of ₹23.1 crore. The Court held that while the institution's conduct was entirely illegal and it could not unilaterally exceed approved capacity, setting aside student admissions would unfairly punish innocent students. The Court upheld AICTE's penalty as properly calculated under regulation and directed the institution to pay the balance due after adjusting deposited amounts, and awarded degrees to eligible students."

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Education Law Administrative Law Regulatory Compliance Admission Procedure Penalty and Damages

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