Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | All India Council for Technical Education |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | All India Council for Technical Education Act, 1987 - ss.2(h), 10, 11, 12 and 13- Technical education imparted by Universities and their affiliated colleges - Status of the affiliated colleges - Purview of definition of "technical institution" - Role of AICTE - Held: The role of the inspection conferred upon the AICTE vis-a-vis Universities is limited to the purpose of ensuring proper maintenance of norms and standards in the technical education system so as to conform to the standard laid down by it with no further or direct control over such Universities or scope for any direct action except bringing it to the notice of UGC - Role of AICTE vis-a-vis Universities is only advisory, recommendatory and one of providing guidance and has no authority empowering it to issue or enforce any sanctions by itself - Colleges affiliated to University/Universities are part of them and the exclusion of University in the definition of technical institution as defined in s.2(h) of the AICTE Act must be extended to the affiliated colleges also - Provisions of AICTE Act are to be implemented through UGC as Universities and its affiliated colleges are all governed by provisions of the said Act u/s.12A of the UGC Act read with Rules Regulations framed by the UGC in exercise of its power u/ss.25 and 26 of the said Act - Autonomy of the University is recognized and the object and intendment of the Parliament in excluding the Universities from the definition of technical institution as defined u/s.2(h)of the AICTE Act makes this explicitly clear- The powers and functions conferred for controlling and regulating the universities and its affiliated colleges has been explicitly conferred upon the UGC - University Grants Commission Act, 1956- s.12A r/w ss.25 and 26. All India Council for Technical Education Act, 1987 - s.2(g) - Technical education - Course in Computer Applications at post graduation level (MCA) - Contention raised on behalf of the AICTE that technical education includes MCA - Held: Stands to its reasoning and logic in view of the nature of MCA course imparted to the students at post graduation level by the institutions, constituent colleges and affiliated colleges to the Universities - Meanings of the words 'technology' and 'engineering' as per the dictionaries clearly show that MCA also comes within the definition of technology - The same is technical education and therefore, comes within the definition of technical education but for its proper conduct of courses and regulation, the role of AICTE must be advisory and for the same, a note shall be given to the UGC for its implementation by it but not the AICTE. All India Council for Technical Education Act, 1987 - s.2(g) - Course in Management at post-graduate level (MBA) - If 'technical education' u/s.2(g) of the A/GTE Act - Non- production of any material by the AICTE to show that MBA course is technical education - Held: MBA course is not a technical course within definition of the AICTE Act - Reasons assigned for MCA course being 'technical education' does not hold for MBA course - Approval from the AIGTE not required for obtaining permission and running MBA course by the appellant colleges. AlI India Council for Technical Education Act, 1987- s.24 - AICTE Regulations - Amended regulation introduced by AICTE in exercise of its power u/s. 10(k) of the AICTE Act - However, amended Regulation not placed before the Parliament as mandatorily required as per s.24 of the AICTE Act - Effect - Held: If the Statute prescribes a particular procedure to do an act in a particular way, that act must be done in that manner, otherwise it is not at all done - Non- placing of the amended Regulations on the floor of the Houses of the Parliament as required u/s.24 of the AICTE Act vitiated the amended Regulations in law - Administrative Law. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 278 |
Petitioner | Association Of Management Of Private Colleges, |
Respondent | All India Council For Technical Education & Ors. |
SCR | [2013] 6 S.C.R. 1054 |
Judgement Date | 2013-04-25 |
Case Number | 1145 |
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