RUNGTA ENGINEERING COLLEGE, BHILAI & ANOTHER versus CHHATTISGARH SWAMI VIVEKANAND TECHNICAL UNIVERSITY & ANOTHER

Citation: [2014] 12 S.C.R. 796 · Decided: 25-09-2014 · Supreme Court of India · Bench: JASTI CHELAMESWAR · Disposal: Disposed off
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Judgment (excerpt)

[2014] 12 S.C.R 796 
A 
RUNGTA ENGINEERING COLLEGE, BHILAI & ANOTHER 
v. 
CHHATTISGARH SWAMI VIVEKANAND TECHNICAL 
UNIVERSITY & ANOTHER 
(Writ Petition (Civil) No.653 of 2014) 
B 
SEPTEMBER 25, 2014 
[J. CHELAMESWAR AND A.K. SIKRI, JJ.) 
All India Council for Technical Education Act, 1987 -
c ss.2(h), 3 and 10(k) -
Establishment and running of 
institutions imparting technfcal education - Regulation of -
Held: Educational institutions imparting technical education 
are amenable to th'e control of AICTE:under the 1987 Act in 
certain aspects and the regulatory authority of the. State, and 
D Universities established by or under a legislation of the State, 
in certain other aspects. 
All India .Council for Technical Education Act, 1987 -
ss.2(h), 3 qnd 1 O(k) -Authority to grant/decline affiliation to 
institution imparting technical education - Objections of 
E respondent-University for declining affiliation to first petitioner 
college - Challenge to - Held: Each one of the objections 
squarely fell within the sweep of one or the other areas which 
only the A/GTE had the exclusive jurisdiction to deal with -
None of them fell within the area legally falling within the 
F domain of the respon.dents - Only course of action available 
· for the respondents was to bring the shortcomings noticed by 
them to the notice of the A/GTE and seek appropriate aution 
against the petitioner college ~ Decision of respondent not 
to grant affiliation to the first petitioner college wholly 
G untenable - The Chhattisgarh Swami Vivekanand Technical 
University Act, 2004. 
Disposing of the writ petition, the Court 
H 
796 
RUNGTA ENG COLLEGE, BHILAI v. CHHATIISGARH SWAMI 
797 
VIVEKANAND TECHNICAL UNIVERSllY 
HELD:1. Educational institutions imparting technical 
education are amenable to the control of AICTE under the 
A 
All India Council for Technical Education Act, 1987 in 
certain aspects and the regulatory authority of the State, 
and Universities established by or under a legislation of 
8 
the State, in certain other aspects. [Para 32] [810-G-H] 
2. In the instant case, each one of the objections 
which according to the respondent formed the basis for 
declining affiliation to the first petitioner institution, 
squarely fall within the sweep of one or the other areas 
which only the AICTE has the exclusive jurisdiction to 
deal with. None of them are demonstrated to be matters 
falling within the area legally falling within the domain of 
the respondents. AICTE, on inspection of the 1st pe~itioner 
college reported that the 1st petitioner college fulfils all the 
conditions prescribed by the norms and standards laid 
down by AICTE. The respondents did not make any 
specific assertion that such a report of the AICTE is 
factually incorrect. Assuming for the sake of argument 
that, in the opinion of the respondents, the petitioner 
college has not in fact fulfilled any one of the conditions 
required under the norms specified by the AICTE, the 
only course of action available for the respondents is to 
bring the shortcomings noticed by them to the notice of 
the AICTE and seek appropriate action against the 
petitioner college. [Para 42] [815-A-D] 
3. The decision of the respondent not to grant the 
affiliation to the first petitioner college is wholly untenable 
and is required to be set aside. [Para 43] [815-E] 
State of T.N. and Another v. Adhiyaman Educational & 
Research Institute and Otheri (1995) 4 SCC 104: 1995 (2) 
SCR 1075; Jaya Gokul Educational Trust v. Commissioner 
& Secretary to Government Higher Education Department, 
c 
D 
E 
F 
G 
H 
798 
SUPREME COURT REPORTS 
(2014] 12 S.C.R. 
A Thiruvanathapuram, Kera/a State and Another (2000) 5 SCC 
231: 2000 (2) SCR 1234 and Bhartia Education Society v. 
State of H.P. (2011) 4 SCC 527: 2011 (2) SCR 461 -
referred to. 
B 
Case Law Reference:· 
1995 (2) SCR 1075 
referred to 
Para 33 
2000 (2) SCR 1234 
referred to 
Para 34 
2011 (2) SCR461 
referred to 
Para 34 
c 
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 
653 Of 2014. 
I 
Under Article 32 of the Constitution of India. 
D 
T. Mahipal for the Petitioner. 
Vikrant Singh Bais for the Respondents. 
The Judgment of the Court was delivered by 
E 
J. CHELAMESWAR, J. · 1. A Society called GDR 
F 
Educational Society claims to be running a number of colleges. 
It is claimed in the writ petition that the 'first petitioner' is one 
of such colleges and the second petitioner is a Secretary of 
the said Educational Society
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