TMI Blog2001 (9) TMI 1126X X X X Extracts X X X X X X X X Extracts X X X X ..... ay determine; to provide for research and for the advancement and dissemination of knowledge; to institute degrees, titles, diplomas and other academic distinctions; to hold examinations and to confer degrees, titles, diplomas and other academic distinctions on persons who have pursued an approved course of study in a University college or laboratory or in an affiliated or approved college and have passed the prescribed examinations of the University; to confer honorary degrees or other academic distinction under conditions prescribed; and to institute, maintain and manage institutes of research, University colleges and laboratories, libraries, museums and other institutions necessary to carry out the objects of the University, etc. In other words, it is a full-fledged University recognized by the University Grants Commission also. When the appellant-University commenced courses in technology such as Information Technology Management, Bio- Engineering Technology, Petrochemical Engineering Technology, Pharmaceutical Engineering and Technology, etc., the AICTE filed a Writ Petition No.14558 of 1998 before the Madras High Court seeking for a writ of mandamus to forebear the U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Commission Act, 1956, the Andhra Pradesh State Council for Higher Education Act, the A.P. Universities Act, 1991, the AICTE Act and the All India Council for Technical Education (Grant of approval for starting new Technical Institutions, introduction of courses or programmes and approval of intake capacity of seats for the courses or programmes) Regulations, 1994 [hereinafter referred to as `the Regulations], the High Court arrived at a conclusion that the AICTE Act being a special law on a particular category of education, overrides even the University Grants Commission Act, which, in the opinion of the High Court, was in the nature of a general law in regard to imparting of education by Universities in general in respect of common matters covered thereunder. In spite of both the Acts being those made by the Parliament within its legislative competence even as later law, the AICTE Act was held to be binding. As for the relative operation of the AICTE Act and the State Act dealt with therein, it was held that the AICTE Act occupied the field and that, therefore, the State Act has to yield and consequently statutory regulations made are not only valid and had the force of law as a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that both the Andhra Pradesh and Madras High Courts have failed to properly construe the relevant provisions of the Act, applying the correct principles of interpretation and also giving due consideration and weight to the various stipulations contained in Section 10 which made specific reference wherever the universities also have to adhere to the provisions of the AICTE Act, Rules and Regulations. It was also urged that no Rules or Regulations inconsistent with the provisions of the Act could have been either made under the Act or sought to be enforced, legitimately. Strong reliance has also been placed on the decisions reported in S.K. Singh Others vs V.V. Giri another (AIR 1970 SC 2097); D.K. Trivedi Sons and others vs State of Gujarat and others (AIR 1986 SC 1323) as also the very decision in Unni Krishnan, J.P. and others vs State of Andhra Pradesh and others [(1993) 1 SCC 645] and State of T.N. and another vs Adhiyaman Educational Research Institute and others [(1995) 4 SCC 104] and Medical Council of India vs State of Karnataka and others [(1998) 6 SCC 131]. Dr. J.P. Verghese, learned counsel for the AICTE, while drawing sustenance from the reasoning of the judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an interpretation which would tend to do violence to the express language as well as the plain meaning and patent aim and object underlying the various other provisions of the Act. Even in endeavouring to maintain the object and spirit of the law to achieve the goal fixed by the legislature, the Courts must go by the guidance of the words used and not on certain pre-conceived notions of ideological structure and scheme underlying the law. In the statement of objects and reasons for the AICTE Act, it is specifically stated that the AICTE, was originally set up by a Government resolution as a National Expert Body to advice the Central and State Governments for ensuring the coordinated development of technical education in accordance with approved standards was playing an effective role, but, However, in recent years, a large number of private engineering colleges and polytechnics have come up in complete disregard of the guidelines, laid down by the AICTE and taking into account the serious deficiencies of even rudimentary infrastructure necessary for imparting proper education and training and the need to maintain educational standards and curtail the growing erosion of standards s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itutions in clause (p) of sub-section (1) of Section 10 without any reservation whatsoever, when it comes to the question of universities it is confined and limited to ascertaining the financial needs or its standards of teaching, examination and research. The inspection may be made or cause to be made of any department or departments only and that too, in such manner as may be prescribed as envisaged in Section 11 of the Act. Clause (t) of sub-section (1) of Section 10 envisages the AICTE to only advice the UGC for declaring any institution imparting technical education as a deemed University and not do any such thing by itself. Likewise, clause (u) of the same provision which envisage the setting up of a National Board of Accreditation to periodically conduct evaluation of technical institutions or programmes on the basis of guidelines, norms and standards specified by it to make recommendation to it, or to the Council, or to the Commission or to other bodies, regarding recognition or de-recognition of the institution or the programme. All these vitally important aspects go to show that the AICTE created under the Act is not intended to be an Authority either superior to or super ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d purpose to be pressed into service in this case. As a matter of fact, even this Court, which formulated a scheme to prevent evils of capitation fees etc., specifically excluded from its purview colleges run by the Government and the Universities. Equally, the consideration in Adhiyaman Engineering College case (supra), the question was as to the relative scope and extent of control of a professional engineering college by the State Government in the teeth of the AICTE Act and the powers exercisable by the AICTE under the provisions of the said Act, Rules and Regulations made thereunder. The decisions, the correctness of which are under our consideration in this case, have not kept into consideration before the nature and character of the issues raised in the two decisions of this Court noticed above before relying upon the observations contained therein in dealing with the rights of an university constituted under a State enactment, which, apart from the enactment constituting it, is governed by the provisions of the UGC Act, also made by the Parliament. The decision of the Andhra Pradesh High Court in M. Sambasiva Raos case (supra) has unduly oversimplified and underscored the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Institutions. In the statement of objects to the AICTE Act, the evil sought to be curbed was stated to be the coming up indiscriminately of number of private engineering colleges and polytechnics in complete disregard of the guidelines resulting in diluted standards, unplanned growth, inadequate facilities and lack of infra-structural facilities in them and not of any anomalies arising out of any university bodies or UGC to even think of either sidelining or subjugating them by constituting AICTE. The guarded language employed for the said purpose and deliberate omission to refer to the universities in Section 10 (1) (k) of the AICTE Act while empowering AICTE to accord approval for starting new technical institutions and introduction of new programmes or courses by or in such institutions cannot be ignored to be of any insignificance. A careful analysis of the various provisions contained in Sections 10,11 and 22 will further go to show that the role of interaction conferred upon AICTE vis-a-vis Universities is limited to the purpose of ensuring the proper maintenance of norms and standards in the technical education system so as to conform to the standards laid down by it, with n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (k) specifically confines the limits of such power of AICTE only to be exercised vis- -vis technical institutions, as defined in the Act and not generally. When the language is specific, unambiguous and positive, the same cannot be over-looked to give an expansive meaning under the pretext of a purposive construction to perpetuate an ideological object and aim, which also, having regard to the Statement of Objects and Reasons for the AICTE Act, are not warranted or justified. Therefore, the regulation insofar as it compels the universities to seek for and obtain prior approval and not to start any new department or course or programme in technical education (Regulation 4) and empower itself to withdraw such approval, in a given case of contravention of the regulations (Regulation 12) are directly opposed to and inconsistent with the provisions of Section 10(1)(k) of the Act and consequently void and unenforceable. The fact that the regulations may have the force of law or when made have to be laid down before the legislature concerned do not confer any more sanctity or immunity as though they are statutory provisions themselves. Consequently, when the power to make regulations a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n excludes from its purview a `University. When by definition a `University is excluded from a `technical institution, to interpret that such a clause or such an expression wherever the expression `technical institution occurs will include a `University will be reading into the Act what is not provided therein. The power to grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned is covered by Section 10(k) which would not cover a `University but only a `technical institution. If Section 10(k) does not cover a `University but only a `technical institution, a regulation cannot be framed in such a manner so as to apply the regulation framed in respect of `technical institution to apply for Universities when the Act maintains a complete dichotomy between a `University and a `technical institution. Thus, we have to focus our attention mainly to the Act in question on the language adopted in that enactment. In that view of the matter, it is, therefore, not even necessary to examine the scope of other enactments or whether the Act prevails over the University Act or effect of competing entries fal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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