Gokul Educational Trust v. Commissioner and Secretary to Government High Education Department v. GOPALA GOWDA, J & Ors.

6 S.C.R. 1054 A s ASSOCIATION OF MANAGEMENT OF PRIVATE COLLEGES v. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION & ORS. (Civil Appeal No. 1145 of 2004) APRIL 25, 2013 [DR. B.S. CHAUHAN AND V. GOPALA GOWDA, JJ.] C 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 A/GTE - Held: The role of the inspection D conferred upon the A/GTE 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 E bringing it to the notice of UGC - Role of A/GTE 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 F of University in the definition of technical institution as defined in s.2(h) of the A/GTE 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 G UGC in exercise of its power ulss.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 uls.2(h) H 1054 --t ASSON. OF MAGMT. OF PVT. COLLEGES v.

ALL INDIA 1055 COUNCIL FOR TECH. EDU. of the A/GTE Act makes this explicitly clear- The powers and A 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 rlw ss.25 and 26. All India Council for Technical Education Act, 1987 - B s.2(g) - Technical education - Course in Computer Applications at post graduation level (MCA) - Contention raised on behalf of the A/GTE that technical education includes MCA - Held: Stands to its reasoning and logic in C 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, D comes within the definition of technical education but for its proper conduct of courses and regulation, the role of A/GTE must be advisory and for the same, a note shall be given to the UGC for its implementation by it but not the A/GTE All India Council for Technical Education Act, 1987 - s.2(g) - Course in Management at post-graduate level (MBA) If 'technical education' uls.2(g) of the A/GTE Act - Non - production of any material by the A/GTE to show that MBA course is technical education - Held: MBA course is not a technical course within definition of the A/GTE Act - Reasons assigned for MCA course being 'technical education' does not hold for MBA course - Approval from the A/GTE not required for obtaining permission and running MBA course by the appellant colleges.

A/I India Council for Technical Education Act, 1987- s.24 - A/GTE Regulations - Amended regulation introduced by A/GTE in exercise of its power u/s. 10(k) of the A/GTE Act - However, amended Regulation not placed before the Parliament as mandatorily required as per s.24 of the A/GTE E F G H 1056 SUPREME COURT REPORTS [2013] 6 S.C.R. A 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 A/GTE Act B vitiated the amended Regulations in law - Administrative Law. Writ petition was filed by the appellant association of colleges seeking relief to prohibit the All India Council for Technical Education (AICTE) from exercising its jurisdiction over its' member colleges (affiliated to C Bharathidasan University or Manonmaniam Sundaranar University) with reference to the Master of Business Administration (MBA) and Master of Computer Applications (MCA) courses conducted by them.

The writ petition was dismissed by the single Judge of the High D Court holding that the All India Council for Technical Education Act, 1987 (AICTE Act) and the AICTE Regulations were enforceable against the member colleges of the appellant Association. Writ appeal filed thereagainst was also dismissed. E Vide the impugned judgment, the High Court interpreted the provisions of the AICTE Act and held that even though the University concerned was not required to take permission from the AICTE, its affiliated colleges F were required to do so; and further that the appellant colleges should get its course of Master of Computer Applications (MCA) ratified by AICTE as per the prescribed format. In the instant appeals, therefore, the following G questions of law arose for consideration:- (1) Whether the colleges affiliated to the University concerned comes within the purview of exclusion of the definition of "Technical Institution" as defined under Section 2(h) of H ASSON. OF MAGMT OF PVT. COLLEGES v.

ALL INDIA 1057 COUNCIL FOR TECH. EDU. the AICTE Act, 1987; and whether the AICTE A has got the control and supervision upon the affiliated colleges of the respective universities of the member colleges of the appellant in C.A.No.1145/2004 and the appellants in connected appeals? B (2) Whether the MCA course be construed as technical education in terms of definition under section 2(g) of the AICTE Act? (3) Whether the Regulation B(c) and B(iv) of the C AICTE Regulations by way of amendment in the year 2000 inserting the words 'MBA and MCA' before Architecture and Hotel Management courses is applicable to the concerned colleges of the appellants; and D whether non placement of the amended Regulations before Houses of the Parliament as required under Section 24 of the AICTE Act is vitiated in law? Allowing the appeals, the Court E HELD: 1.

The AICTE Act does not contain any evidence of an intention to belittle and destroy the authority or autonomy of other statutory bodies which they are assigned to perform. Further, the AICTE Act does F not intend to be an authority either superior or to supervise or control the universities and thereby superimpose itself upon the said universities merely for the reason that it is laying down certain teaching standards in technical education or programmes G formulated in any of the department or units. While enacting the AICTE Act, the Parliament was fully alive to the existence of the provisions of UGC Act, 1956. Special care has consciously and deliberately been taken to make specific mention of university, wherever and H 1058 SUPREME COURT REPORTS [2013] 6 S.C.R. A whenever the AICTE alone was expected to interact with university and its departments as well as constituent institutions and units. The role of the inspection conferred upon the AICTE vis-a-vis universities is limited to the purpose of ensuring proper maintenance of norms B 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. The role of AICTE vis-a-vis universities is only advisory, c recommendatory and one of providing guidance and has no authority empowering it to issue or enforce any sanctions by itself. It can only advise the UGC for formulating the standard of education and other aspects to the UGC. AICTE norms can be applied to the affiliated colleges through UGC. [Para 38] [1108-E-H; 1109-A-C, F; 1110-C] 0 E

1.

It is also relevant to refer to the exclusion of university from the definition of 'technical institution' as defined under section 2(h) of the AICTE Act. The Institution means an institution not being university, the applicability of bringing the university as defined under clause 2 (f) of UGC Act includes the institution deemed to be a university under Section 3 of the said Act and therefore the affiliated colleges are excluded from the F purview of technical institution definition of the AICTE Act. Section 12A of the UGC Act clearly speaks of regulation of fees and provisions of donation in certain cases which refers to the phrase affiliation together with its grammatical variation included in relation to a college, G recognition of such college by, association of such college with, and admission of such college to the privileges of universities. A careful reading of sub sections (2)(c), (3), (4) and (5) of Section 12A of the UGC Act makes it abundantly clear about colleges which are H required to be affiliated to run the courses for which ASSON. OF MAGMT. OF PVT. COLLEGES v.