Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Andhra Pradesh Education Act Parliamentary legislation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education: Andhra Pradesh Education Act, 1982 : Section 20-All India Council of Technical Education Act, 1987-Section 10-Establishment of technical institution-Approval granted by AlCTE Council but State Government declined permission under S. 20 of the A.P. Education Act-Competence of the State Government to refuse permission-Held, the State alone would be competent to say whether an 'institution should be established in an area to serve the educational needs, of that Locality-Constitution of India, 1950-Article 41-List 1, Entries 63 to 66 and List III, Entry 25. S. 20(3)(a)(i)-Held, is not repugnant to S. 10 of the AICTE Act-It is constitutionally valid-All India Council of Technical Education Act, 1987- Section 10. Constitution of India, 1950-Articles 245 and 246-Repugnancy between Parliamentary legislation and State legislation~Discussed Private educational institutions wanting to establish engineering colleges in the State of Andhra Pradesh applied to authorities under the All India Council of Technical Education Act, 1987 (AICTE Act) and were granted approval by the AICTE Council. They applied under Section 20 of the A.P. Education Act, 1982 for permission to establish the institution. The permission was declined on the ground that it was sought in places where already there were number of colleges and that the State Government was not satisfied about the educational needs of that locality. Writ Petitions were filed challenging the same. High Court held that Section 20(3)(a)(i) of the A.P. Education Act, 1982 is void and inoperative and the State Government had no legislative competence to pass such a legislation as the State provision was in the field already occupied by the enactment made by the Parliament, namely, AICTE Act . In appeal to this Court, State contended that Section 20 of the A.P. Education Act and Section 10 of the AICTE Act operate in different fields, and are not repugnant to each other; that the State Legislature has legislative competence to pass the said enactment and that, in view of Entry 25 of the Concurrent List, the State alone would be competent to say whether an institution should be established in an area to serve the educational needs of that locality. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2005 INSC 99 |
Petitioner | Govt. Of A.p. And Anr. |
Respondent | J.b. Educational Society And Anr. Etc. |
SCR | [2005] 2 S.C.R. 302 |
Judgement Date | 2005-02-23 |
Case Number | 976-978 |
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