TMI Blog2003 (3) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... not exist any effective machinery for planning and coordination of higher education at the State level vis--vis implementation of the programmes made by the University Grants Commission (UGC). With a view to give effect to the said policy, UGC constituted a committee to go into the said matter and make recommendations regarding setting up of the said Councils of higher education and programme of action to be taken in that behalf. The pressing need for constituting effective machinery for promotion and coordination of higher education at the State level and coordination of State level programmes with those of the UGC was felt and pursuant thereto and in furtherance thereof, UGC formulated guidelines for setting up of such Councils as recommended by the Committee. In the year 1986 the State of Andhra Pradesh passed an Act known as the Andhra Pradesh Commissionerate of Higher Education Act, 1986 (hereinafter called as 'the Commissionerate Act'). The Commissionerate Act was enacted purported to be pursuant to or in furtherance of the recommendations of the Vice-Chancellors' Committee on higher education in the State of Andhra Pradesh. The constitutionality of the said A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v) To evolve perspective plans for development of higher education in the State. (v) To monitor the progress of implementation of such development programmes. 11.0 Annual Report The Council shall prepare an Annual Report giving an account of its activities during the previous year and copies thereof shall be forwarded to the State Government and the Government shall cause the same to be laid before the Legislative Assembly. A copy of the Annual Report should be sent to University Grants Commission. Pursuant to or in furtherance of the said recommendations revised guidelines as approved by the Commission were issued in January, 1988 and relying on or acting on the basis thereof the Government of Andhra Pradesh decided to fill up the gaps by constituting State Council of Higher Education as recommended in the National Education Policy of the Government of India as also in terms of the recommendations made by the Committee constituted by the UGC. Consequently, the Government of Andhra Pradesh enacted Andhra Pradesh State Council of Higher Education Act, 1988. On the same premise which led to the declaration of 1986 Act as ultra vires the Constitution, a Writ Petition came ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to decide on the need for, and location of new colleges and courses of study including Engineering Colleges. Section 11(1)(f) provides power to the Commissionerate to establish and develop resources centers for curriculum materials and continuing education of teachers. Section 11(1)(g) confers power on the Commissionerate to co-ordinate the academic activities of various institutions of higher education in the State. It is also the duty of the Commissionerate to undertake examination reforms and assume accreditation functions [Section 11(1)(h) and (i)]. Section 11(1)(j) states that it is the duty of the Commissionerate to organise entrance test for University admission. Section 11(1)(k) states that it shall administer and grant scholarship and organise work study programmes. Section 11(1)(o) provides power to transfer teachers from one aided private college to another such college, subject to the rules made by the government. There is yet a devastating provision on the autonomy of Universities. Section 11(2) states that every University or college including the private college shall obtain the prior approval of the Commissionerate in regard to : (i) certain of new posts; (ii) finan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... institutions for higher education. The Parliament has enacted the UGC Act for that purpose. The University Grants Commission has, therefore, a greater role to play in shaping the academic life of the country. It shall not falter or fail in its duty to maintain a high standard in the Universities. Democracy depends for its very life on a high standard of general, vocational and professional education. Dissemination of learning with search for new knowledge with discipline all round must be maintained at all costs. It is hoped that University Grants Commission will duly discharge its responsibility to the Nation and play an increasing role to bring about the needed transformation in the academic life of the Universities. This exercise on the part of the Central Government and the UGC must have been undertaken in furtherance of the said observations. The High Court in its impugned judgment compared the provisions of the Commissionerate Act and the impugned Act and came to the conclusion that even if the Act had been enacted in accordance with the guidelines issued by the UGC and pursuant to the recommendations made by the High Level Committee; as the State Government lacks ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t read thus: Sec. 11. Powers and functions of the Council: (1) It shall be the general duty of the Council to co-ordinate and determine standards in institutions of Higher Education or Research and Scientific and Technical institutions in accordance with the guidelines issued by the University Grants Commission from time to time. (2) The functions of the Council shall include: I. Planning and Co-ordination: (i) to prepare consolidated programmes in the sphere of Higher Education in the State in accordance with the guidelines that may be issued by the University Grants Commission from time to time, and to assist in their implementation, keeping in view the overall priorities and perspectives to Higher Education in the State. (ii) to assist the University Grants Commission in respect of determination and maintenance of standards and suggest remedial action of Higher Education in the State; (iii) to evolve perspective plans for development of Higher Education in the State; (iv) to forward the Developmental Programmes of Universities and Colleges in the State to the University Grants Commission along with its comments and recommendations; (v) to monitor the progre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its impugned judgment that the Council also derives its power to coordinate and determine the standards of institutions of higher education or research and technical institutions including planning and coordination to prepare consolidated programmes in the sphere of higher education in the State keeping in view the overall priorities and perspectives of higher education. Although the High Court has noticed that the principal duties and functions of the Council is to assist the UGC in respect of determination and maintenance of standards and suggest remedial action; to evolve the developmental programmes of Universities and Colleges in the State to the UGC along with its comments and recommendations to monitor the progress of implementation of such developmental programmes; to promote cooperation and coordination of educational institutions among themselves and to explore the scope for interaction with industry and other related establishments which not only had been done in accordance with the guidelines issued by the UGC from time to time. Despite the same it was held: On a comparative study of the provisions of the Act 26 of 1986 and Act 16 of 1988, the functions of the Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owers and functions of the Council is found to be subject to the guidelines issued by the UGC and the perspective plan prepared by it would be subject to its approval, the question of standard of education set up by the State Act cannot be said to be leading to wipe out or appreciably abridge the central field. The 1988 Act expressly states that the same would be subject to the Central Act. It emphasizes that the provisions thereof are for the purpose of filling up of the gaps and to control effectively a large number of universities within which, having regard to their sheer number, the UGC itself would not be in a position to have effectively control over them. If the UGC has an overall control over the State Council, the Central field is not entrenched upon. In a situation of this nature the doctrine of pith and substance must also be held to be applicable. We must also take notice of the fact that the State of Tamil Nadu as also the State of West Bengal in terms of the National Education Policy, 1986 as also the recommendations of the Committee framed by the University Grants Commission enacted similar Acts. The provisions of the impugned Act would clearly show that the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e field is not occupied by any Union legislation. Secondly, the State cannot, while controlling education in the State, impinge on standards in institutions for higher education. Because this is exclusively within the purview of the Union Government. Therefore, while prescribing the criteria for admission to the institutions for higher education including higher medical education, the State cannot adversely affect the standards laid down by the Union of India under Entry 66 of List I. Secondly, while considering the cases on the subject it is also necessary to remember that from 1977, education, including, inter alia, medical and university education, is now in the Concurrent List so that the Union can legislate on admission criteria also. If it does so, the State will not be able to legislate in this field, except as provided in Article 254. [See also State of Haryana Anr. Vs. Chanan Mal etc. {(1976) 3 SCR 688, In re Hindu Women's Rights to Property Act {(28) AIR 1941 FC 72} and R.M.D. Chamabraugwalla Vs. the Union of India {(1957) SCR 930}] In Public Service Tribunal Bar Association Vs. State of U.P. and another (2003 AIR SCW 653), a bench of which one of us (Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and examinations, fixing norms and guidelines for charging tuition fee and other fees, granting approval for starting new technical institutions or introducing new courses or programmes, to lay down norms or granting autonomy to technical institutions, providing guidelines for admission of students, inspecting or causing to inspect colleges, for withholding or discontinuing of grants in respect of courses and programmes, declaring institutions at various levels and types fit to receive grants, advising the Commission constituted under the Act for declaring technical educational institutions as deemed universities, setting up of National Board of Accreditation to periodically conduct evaluation on the basis of guidelines and standards specified and to make recommendations to it or to the Council or the Commission or other bodies under the Act regarding recognition or de-recognition of the institution or the programme conducted by it. Thus, so far as these matters are concerned, in the case of the institutes imparting technical education, it is not the University Act and the University but it is the Central Act and the Council created under it which will have the jurisdiction. To ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of clause (2) of Article 254, the State legislation being repugnant to the Central legislation, the same would be inoperative. (iv) Whether the State law encroaches upon Entry 66 of the Union List or is repugnant to the law made by the Centre under Entry 25 of the Concurrent List, will have to be determined by the examination of the two laws and will depend upon the facts of each case. (v) When there are more applicants than the available situations/ seats, the State authority is not prevented from laying down high standards or qualifications than those laid down by the Centre or the Central Authority to short-list the applicants. When the State authority does so, it does not encroach upon Entry 6 of the Union List or make a law which is repugnant to the Central law. (vi) However, when the situations/seats are available and the State authorities deny an applicant the same on the ground that the applicant is not qualified according to its standards or qualifications, as the case may be, although the applicant satisfies the standards or qualifications laid down by the Central law, they act unconstitutionally. So also when the State authorities de-recognise or disaffiliate an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
