LexASSOCIATION OF MANAGEMENT OF PRIVATE COLLEGES, versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION & ORS.
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(2013] 6 S.C.R. 1054 A ASSOCIATION OF MANAGEMENT OF PRIVATE COLLEGES v. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION & ORS. s (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. B 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 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 coll
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