GOVT. OF A.P. AND ANR. versus J.B. EDUCATIONAL SOCIETY AND ANR. ETC.

Citation: [2005] 2 S.C.R. 302 · Decided: 23-02-2005 · Supreme Court of India · Bench: K.G. BALAKRISHNAN · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
c 
GOVT. OF A.P. AND ANR. 
v. 
J.B. EDUCATIONAL SOCIETY AJl.fl) ANR. ETC. 
FEBRUARY _23, 2005 
[K.G. BALAKRISHNAN AND B.N. SRIKRISHNA, JJ.j 
' 
. 
. 
Education: 
Andhra Pradesh Education Act, 1982 : 
Section 20-All India Council uf Technical Education Act, 1'~87-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 
D State alone would be competent to say whether an 'institution should be 
established in an area to serve the educational needs, of that /oca/ity-
Constitution of India, 1950-Article 41-List I, Entries 63 to 66 and Listi/I, 
Entry 25. 
S.20(3)(a)(i)-Held, is not repugnant to S. l 0 of the AICTE Act-It is · 
E constitutionally valid-All India Council of Technical Education Act, 1987-
Section JO. 
Constitution.of India, 1950-Articles 245 and 246-Repugnancy between 
Parliamentary legislation and State legislation~Discussed 
F 
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 theA.P. Education Act, 1982 for permission to establish the institution. 
The permission was declined on the ground that it was sought in places 
G where already there were number of colleges and that the State 
Government was not satisfied about the educational needs of that locality. 
H 
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 
302 
\ 
•• 
GOVT. OF A.P. v. J.B. EDUCATIONAL SOCIETY 
303 
and the State Government had no legislative competence to pass such a 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 .. 
Ed.ucation Act and Section 10 of the AICTE Act operate in different fields, 
and are not repugnant to each other; that the State Legislature has. B 
legislative ~ompetence 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. 
Allowing the appeals, the Court 
.C 
HELD : 1.1. The provisions of the AICTE Act are intended to 
improve the technical education and the various authorities under the Act 
have been given exclusive responsibility to coordinate and determine the 
standards of higher education. It is a general power given to evaluate, D 
harmonise and secure proper relationship to any project of national 
importance. Such a coordinate action in higher education with proper 
standard is of paramount importance to national progress. Section 20 of 
the A.P.Education Act does not in any way encroach upon the powers of 
the authorities under the Central Act. Section 20 says that the competent 
authority shall, from time to time, conduct a survey to identify the E 
educational needs of the locality under its jurisdiction notified through the 
local newspapers calling for applications from the educational agen'!ies. 
Section 20(3)(a)(i) says that before permission is granted, the authority 
concerned must be satisfied that there is need for providing educational 
facilities to the people in the locality. The State authorities alone can decide F 
about the educational facilities and needs of the locality. If there are more 
colleges in a particular area, the State would not be justified in granting 
permission to one more college in that locality. (312-E-H) 
1.2. Entry 25 of the Concurrent List gives power to the State 
Legislature to make laws regarding education, including technical G 
education. Of course, this is subject to the provisions of Entry 63, 64, 65 
and 66 of List I. Entry 66 of List I to which the legislative source is traced 
for the AICTE Act deals with the general power of the Parliament for 
coordination, determination of standards in institutions for higher 
education or research and scientific and technical educational institutions 
and Entry 65 deals with the union agencies and institutions for H 
304 
SUPREME COURT REPORTS 
[2005] 2 S.C.R. 
A professional, vocational an

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