1. Learned Senior Counsel Sri Vivek Reddy, representing Sri M.Mehboob Ali, learned Standing Counsel for All India Council for Technical Education, appears for the appellant.
Learned Senior Counsel Sri S.Niranjan Reddy, representing learned counsel Sri Tarun G. Reddy, appears for respondents No.1 to 3/writ petitioners through video conferencing.
2. The present appeal is directed against the interim order dated 18.06.2026 passed in I.A.No.2 of 2026 in W.P.No.18787 of 2026, whereby the learned writ court, in respect of Extension of Approval (EoA) to the writ petitioner No.2 - institution for the academic year 2026-2027, inter alia, made the following observations:
“(i) There shall be interim direction to Respondent No.1–AICTE and other concerned authorities to forthwith enable access to the 2nd Petitioner-Institution for downloading the Extension of Approval (EoA) for the Academic Year 2026–27 from the petitioner No.2-institution’s online dashboard on the AICTE web portal.
(ii) There shall be interim direction to the respondents and all other concerned authorities to forthwith include the name of the petitioner No.2- institution in the TGEAPCET counselling process for the Academic Year 2026-27 in respect of all the courses offered by the petitioner No.2-institution, which is scheduled to commence from 19.06.2026.
(iii) It is, however, made clear that the grant of Extension of Approval, inclusion of the petitioner No.2-institution in the counselling process and all admissions made pursuant to this interim order shall be subject to the final outcome of the writ petition. The petitioners as well as respondents including concerned authorities are hereby directed to make mention of this interim order in their respective web portals as a communication to all the concerned including students.”
3. The writ petitioners, who are respondents No.1 to 3 herein, had approached the learned writ court for a direction upon the appellant - All India Council for Technical Education (AICTE), to provide access to them to download the EoA for the academic year 2026-2027 from their online dashboard on the AICTE web portal and to act upon their representations pending disposal of the writ petition.
4. As observed hereinabove, the matter relates to the academic year 2026-2027 for which the writ petitioners submitted application to the appellant – AICTE seeking EoA. Though after visit of the Expert Committee and inspection, such application was approved in the AICTE portal, as per the writ petitioners, they were not allowed to download the EoA, although the portal reflected the status “EoA issued”. Therefore, they made representations for downloading the EoA, which were not acted upon. In respect of some previous years also, the writ petitioners had approached this court seeking EoA. The said writ appeals are pending. The learned writ court, in the present matter, taking note of the fact that the counselling process for admission to the current academic year is scheduled to commence from 19.06.2026 and the status of writ petitioner No.2 - institution is shown on the online dashboard of AICTE portal as “EoA issued” for the academic year 2026-2027, passed the impugned interim direction to enable writ petitioner No.2 - institution to download the EoA for the academic year 2026-2027 from the AICTE web portal. The respondents therein and other authorities were also directed to include the name of writ petitioner No.2 - institution in the Telangana Engineering, Agriculture and Pharmacy Common Entrance Test (TGEAPCET) counselling process for the academic year 2026-2027 in respect of all the courses offered by writ petitioner No.2 - institution scheduled to commence from 19.06.2026. The grant of EoA, participation in the counselling process and admissions pursuant to the interim order were made subject to final outcome of the writ petition.
5. The aggrieved respondent No.1 therein/appellant – AICTE has approached this court in this appeal, inter alia, on the ground that the writ petitioners suppressed material facts, including prior rejection of their request to download EoA from the AICTE portal due to serious legal issues. The said EoA was shown on the portal on the basis of self-disclosure. If the institution fails to strictly comply with the All India Council for Technical Education (Grant of Approvals for the Technical Institutions) Regulations, 2020 (hereinafter referred to as, “the AICTE Regulations”) and the All India Council for Technical Education Approval Process Handbook 2024-25 to 2026-27 (hereinafter referred to as, “the Handbook”) by providing the mandatory documents, including occupancy certificates, approved building permissions and valid title documents, it was ineligible for EoA. The impugned interim order is, therefore, contrary to the law laid down by the Apex Court in Parshvanath Charitable Trust v. All India Council for Technical Education ((2013) 3 SCC 385). The interim order has been passed without a reasonable opportunity to the appellant to file the counter affidavit and place the relevant records justifying denial of EoA and without full consideration of the material facts and applicable law.
6. During the course of submissions, learned Senior Counsel for the appellant - AICTE has reiterated the above grounds.
7. Learned Senior Counsel appearing for the writ petitioners submits that pursuant to the impugned interim order, writ petitioner No.2 - institution has been allowed to participate in the counselling process and admissions for the current academic session to different courses have also been made. Learned Senior Counsel further submits that the appellant - AICTE has not filed any counter affidavit or sought vacation of the interim order before the learned writ court. The writ petitioners have either not filed any contempt petition for non-compliance of the interim order. The present cause of action has been raised in an independent proceeding before the learned writ court. The writ petitioners are bound to comply the AICTE Regulations and the Handbook for seeking such extension. It is submitted that the cut-off date for finalising the admission process is extended up to 14.08.2026. Since the main matter is pending before the learned writ court, at this stage, when the writ petitioners were permitted to participate in the counselling process and admissions have been made, which are subject to the outcome of the writ petition, this court may refrain from interfering in the impugned interim order.
8. Learned Senior Counsel for the appellant - AICTE, however, reiterates his submission that if the admissions to institutions are carried out without proper approval of extension and in teeth of the AICTE Regulations and the Handbook, it would lead to unwarranted results.
9. We have considered the submissions of the learned counsel for the parties.
10. It is to be noted that the impugned interim order was passed on 18.06.2026. There has been considerable delay given the seriousness of the matter in assailing it in appeal before this court. Meanwhile, it appears that the appellant - AICTE has not yet filed any counter affidavit or sought vacation of the interim order before the learned writ court. The writ petitioner No.2 - institution, acting upon the interim order, has participated in the counselling process and carried out admissions, which are subject to the final outcome of the writ petition.
11. Issues relating to compliances of statutory norms as per the AICTE Regulations are matters sub judice before the learned writ court. It is trite to observe that admissions to such courses for any academic year by an institution affiliated to AICTE are bound to adhere the statutory norms laid by the regulatory body. There is no quarrel on this legal position. In such circumstances, it would be in the fitness of things that a finality to the main matter is arrived at in the pending writ proceedings, so that the fate of students admitted in the meantime does not hang in balance and uncertainty.
12. Therefore, we are of the view that the main matter should be heard and decided by the learned writ court as early as possible. The appellant - AICTE is at liberty to file its counter affidavit and stay vacate petition in the writ petition latest by 07.08.2026. Reply affidavit, if any, be filed by the writ petitioners before the matter is taken up by the learned writ court.
13. In view of the aforesaid facts and circumstances, it would be proper that the writ petition be posted before the learned writ court for consideration on merits on 12.08.2026.
14. The present appeal is accordingly disposed of without getting into the merits of the issue taking into consideration that the main matter is pending before the learned writ court and observations, if any, either way would result in influencing the outcome of the pending matter. There shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.




