| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 2015 Purpose of enactment technical education APJ Abdul Kalam Technological University Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | APJ Abdul Kalam Technological University Act, 2015:Purpose of enactment – Held: To regulate technical education inthe State of Kerala.APJ Abdul Kalam Technological University Act, 2015: s.30(2)– Power of Syndicate to lay down norms for grant of affiliation foradditional courses – Held: The source of power for the Syndicateto prescribe norms and standards for affiliation is s.30(2) – s.30(2)begins with the words “subject to the provisions of the Act and theStatutes” – So, if there is something in the Act or the Statutes whichregulates or controls the power of the Syndicate, then the Syndicatemay be bound by such prescription – But if there is nothing in theAct/Statutes or if there are no Statutes at all, then it cannot be saidthat the power itself is unavailable – Therefore, the absence ofStatutes, till they were made for the first time on 07.08.2020, did notmean that the power under s.30(2) could not be exercised – Theabsence of the Statutes (till 07.08.2020) would only mean theabsence of Statute-stipulated conditions and procedure foraffiliation, but not the absence of the very power of the Syndicateflowing out of s.30(2)(iii) – Thus, when the Statutes have notprescribed any conditions for affiliation but have left it to theSyndicate to take care of matters relating to affiliation, the functionof the Syndicate to lay down norms and standards by virtue of thepowers conferred by s.30(2), is made free of any fetters – HighCourt was in error in holding that the resolutions passed by theSyndicate prescribing norms and standards for the grant ofaffiliation for additional courses were ultra vires the Act –Universities – Education/Educational Institutions.APJ Abdul KalamTechnological University Act, 2015: s.14(6) – Whether High Courtwas correct in holding that in the absence of the Statutes, recoursewas available only to the Vice Chancellor under s.14(6) – Held:s.14(6) says that in the absence of the Statute, it is the Vice-Chancellor who has the power to regulate any matter which isrequired to be regulated by Statutes or Regulations – It cannot beinterpreted to mean that the Syndicate itself will be powerless in theabsence of the Statutes and that the Vice Chancellor will have thepower – In any case, the language of s.14(6) is such that the ViceChancellor may first regulate the matter by issuing directions andthereafter submit the same “as soon as may be” for the approval ofthe Board of Governors or other authority or body concerned – Byvirtue of s.30(2)(iii), the Syndicate can be taken to be the “otherauthority” referred to in s.14(6) – Therefore, it was not necessaryfor the Vice Chancellor to fall back upon s.14(6) on the groundthat there were no Statutes at that time – High Court erred in holdingthat in the absence of the Statutes, recourse was available only tothe Vice Chancellor under s.14(6), overlooking for a moment thatthe power under s.30(2)(iii) would not become otiose due to theabsence of the Statutes.APJ Abdul Kalam Technological University Act, 2015: Roleof appellant-University vis-a-vis AICTE – Enhancement of normsand standards for admission as prescribed by AICTE – Held: Whileit is not open to the Universities to dilute the norms and standardsprescribed by AICTE, it is always open to the Universities to prescribeenhanced norms – Universities.Universities: Power of Universities to incorporate anyadditional conditions for affiliation – Case laws discussed.AICTE – Development in AICTE after 2012 – After the adventof AICTE Regulations, 2012, the applications for extension ofapprovals are processed by AICTE only online, merely on the basisof the self-disclosure made by the colleges in their onlineapplications – Though AICTE has reserved to itself the power toconduct inspections and take penal action against colleges for falsedeclarations, such penal action does not serve any purpose for thestudents who get admitted to colleges which have necessaryinfrastructure only on paper and not on site – The Regulations ofthe AICTE are silent as to how the students will get compensated,when penal action is taken against colleges which host falseinformation online in their applications. |
| Judge | Hon'ble Mr. Justice V. Ramasubramanian |
| Neutral Citation | 2020 INSC 695 |
| Petitioner | G H Apj Abdul Kalam Technological University & Anr. |
| Respondent | Jai Bharath College Of Management And Engineering Technology & Ors. |
| SCR | [2020] 13 S.C.R. 732 |
| Judgement Date | 2020-12-10 |
| Case Number | 4016 |
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