Asson. Of Mgmt. Of Private Colleges vs All India Council For Tech.Edu.& Anr

2. Certain relevant facts in relation to the appeals are stated hereunder:--

5. On 16.8.2000, the aforesaid sub-regulation (2) was deleted and the said courses were added in Regulation 8(c) enabling the AICTE to prescribe the land and deposit requirements even in respect of Arts and Science Colleges having MBA or MCA courses.

6. On 3.3.2001, a communication was sent by the AICTE to the member colleges of the appellant in C.A. No.1145 of 2004 in respect of its proposal to commence MCA course requiring the colleges to furnish information regarding the proposed land and building. On 14.3.2001, a writ petition was filed by the appellant’s association seeking relief to prohibit the AICTE from in any way exercising its jurisdiction over its member colleges with reference to the MBA and MCA courses conducted by them. The said writ petition was dismissed by the learned single Judge holding that the AICTE Act and Regulations are enforceable against the said member colleges of the appellant, against which the Association had filed writ appeal. The same came to be dismissed by affirming the judgment of the learned single Judge by passing impugned common judgment which is under challenge in CA No.1145 of 2004.

6(a) So far as the facts in the connected appeals are concerned, they are stated in brief as under:

63. Report on affiliated colleges- The syndicate shall, at the end of every three years from the notified date, submit a report to the Government on the condition of affiliated and approved colleges within the University area. The Government shall take such action on it as they deem fit.” Therefore, the control upon the affiliated colleges of the University is vested with the University itself and it cannot be said that for certain type of courses the control will be with the AICTE. Further, the High Court has failed to notice the fact that the University to which the member colleges of the appellants belong is controlled by the University Grants Commission, which is a Central Governing Body formed under the Act of Parliament known as University Grants Commission Act of 1956, for controlling the affairs of the University recognized by it. The Bharathidasan University is recognized by the UGC. The relevant provisions of this Act which cover the said University and its colleges are Sections 12, 12A, 13 and 14, which will be extracted in the relevant paragraphs of this judgment. It is further urged that the aforesaid provisions would show that the UGC provisions for controlling the University are applicable and analogous to its affiliated colleges also and therefore to carve out a distinction between the University and its affiliated colleges and not treating the affiliated colleges as an integral part of the University in the impugned judgment by the High Court is not only erroneous in law but also suffers from error in law.

Answer to the points framed above

(2) The Commission shall communicate to the University the date on which any inspection under sub-section (1) is to be made and the University shall be entitled to be associated with the inspection in such manner as may be prescribed.

3) The Commission shall communicate to the University its views in regard to the results of any such inspection and may, after ascertaining the opinion of the University, recommend to the University the action to be taken as a result of such inspection.

4) All communications to a University under this section shall be made to the executive authority thereof and the executive authority of the University shall report to the Commission the action, if any, which is proposed to be taken for the purpose of implementing any such recommendation as is referred to in sub-section (3).

Accordingly, point nos.1 and 2 are answered in favour of the appellants.

Answer to Point No.3

Wharton’s Law Lexicon defines ‘Technology’ as:

46. For the foregoing reasons, the common impugned judgment and order passed in W.A. 2652 of 2001, W.A. No. 3090 of 2001, WA 2835 of 2001, WA 3087 of 2001, WA 2836 of 2001, WA 3091 of 2001, WA 3092 of 2001, WA 2837 of 2001, WA 3088 of 2001, WA 2838 of 2001 and WA 3089 of 2001 is hereby set aside. The civil appeals are allowed. The relief sought for in the Writ Petitions is granted in so far as not to seek approval from the AICTE for MBA and MCA courses are concerned.

There will be no order as to costs.