TMI Blog2013 (4) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... ) TMI 1126 - Supreme Court Of India], applicable to the fact situation of the concerned colleges of the appellants? - CIVIL APPEAL NO. 1145 OF 2004 , CIVIL APPEAL NOS. 5736-5745 OF 2004 - - - Dated:- 25-4-2013 - Dr. B.S. CHAUHAN V. GOPALA GOWDA, JJ JUDGMENT V. Gopala Gowda, J. The appellants filed these civil appeals questioning the correctness of the common judgment and order dated 19.11.2003 passed by the High Court of judicature at Madras in W.A. 2652 of 2001, W.A. No. 3090 of 2001, WA 2835 of 2001, WA 3087 of 2001, WA 2836 of 2001, WA 3091 of 2001, WA 3092 of 2001, WA 2837 of 2001, WA 3088 of 2001, WA 2838 of 2001 and WA 3089 of 2001, dismissing the writ appeals thereby affirming the dismissal of writ petitions by wrongly interpreting the provisions of All India Council for Technical Education Act, 1987 (for short AICTE Act) and held that even though the University is not required to take permission from the All India Council for Technical Education (for short AICTE), its affiliated colleges are required to do so. Further, the High Court has held, while dismissing the writ appeals, that the appellant colleges should get its course of MCA ratified by AICTE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , a communication was sent by the AICTE to the member colleges of the appellant in C.A. No.1145 of 2004 in respect of its proposal to commence MCA course requiring the colleges to furnish information regarding the proposed land and building. On 14.3.2001, a writ petition was filed by the appellant s association seeking relief to prohibit the AICTE from in any way exercising its jurisdiction over its member colleges with reference to the MBA and MCA courses conducted by them. The said writ petition was dismissed by the learned single Judge holding that the AICTE Act and Regulations are enforceable against the said member colleges of the appellant, against which the Association had filed writ appeal. The same came to be dismissed by affirming the judgment of the learned single Judge by passing impugned common judgment which is under challenge in CA No.1145 of 2004. 6(a) So far as the facts in the connected appeals are concerned, they are stated in brief as under: The colleges run by the appellants in the connected appeals are affiliated to Bharathidasan University and it has approved the courses and programmes which are being conducted by the said colleges including MCA and MBA. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ster of Computer Applications is a technical course within the purview of the definition of technical education as contained in Section 2(g) of the AICTE Act as it stands today? (c) Whether the Courts can read something in a Statute, which is not expressly provided in the language of the Act, and/or insert words and/or punctuations, which are not there? (d) Whether the impugned amendment dated 16.8.2000 of the 1994 Regulations would not take effect without the same being placed before the Parliament? (e) Whether the Rules or Regulations made under an Act can override or enlarge the provisions of the Act? 7. In support of the aforesaid questions of law, the learned senior counsel and other counsel on behalf of the appellants have urged the following legal contentions:- The High Court has erred in holding that even though the University is not required to take permission of the AICTE to start or run a course of technical nature, the colleges affiliated to the University/Universities cannot claim such a right. This interpretation is not the correct legal position for the reason that when the Universities are exempted from taking permission/approval from the AICTE, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so. 10. The High Court has noticed that the University was created under the statute to provide, among other things, for rendering instruction and training to their students of the affiliated colleges in such branches of learning as it may determine; to provide for research and for the dissemination of knowledge; to institute degrees, titles, diplomas and other academic distinctions on persons who have pursued an approved course of study in a university college or laboratory and have passed the prescribed examination of the university in the light of the afore-mentioned judgment pronounced by this Court. 11. It is clear from the Bharathidasan University Act that the colleges affiliated to University impart education in different courses run by University in which the students have to pass the prescribed examination of the University for making themselves eligible for degrees. Therefore, the interpretation given by the High Court in the impugned judgment that the colleges affiliated to the University which are imparting education to their students on behalf of the University will have to seek AICTE s approval for technical courses, though such approval is not required to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irements of enrolment or attendance or both by an order of the Syndicate passed on the recommendation of the Standing Committee on Academic Affairs made under the regulations prescribed. Exemptions granted under this section shall be subject to such condition, as the syndicate may think fit. 63. Report on affiliated colleges- The syndicate shall, at the end of every three years from the notified date, submit a report to the Government on the condition of affiliated and approved colleges within the University area. The Government shall take such action on it as they deem fit. Therefore, the control upon the affiliated colleges of the University is vested with the University itself and it cannot be said that for certain type of courses the control will be with the AICTE. Further, the High Court has failed to notice the fact that the University to which the member colleges of the appellants belong is controlled by the University Grants Commission, which is a Central Governing Body formed under the Act of Parliament known as University Grants Commission Act of 1956, for controlling the affairs of the University recognized by it. The Bharathidasan University is recognized by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ICTE having control over the colleges affiliated by the Universities by displacing UGC norms. 15. Further, the learned senior counsel places strong reliance on Bharathidasan University s case (supra) and contends that the affidavit filed by the UGC does not raise any issue which has been dealt with by this Court in the Bharathidasan University s case. He has placed reliance upon paragraph 8 of the Bharathidasan University s judgment in support of his submissions, that though legislative intent finds specific mention in the provisions of the Act itself, the same cannot be curtailed by conferring undue importance to the object underlying the Act particularly, when the AICTE Act does not contain any evidence of an intention to belittle and destroy the authority or autonomy of other statutory bodies, having their own assigned roles to perform. Further strong emphasis is placed by him at Paragraph 10 of the Bharathidasan University s case (supra) wherein this Court, with reference to the provisions of AICTE Act held that the Act is not intended to be an authority either superior to or supervise and control the universities and thereby superimpose itself upon such universities merely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g any students then undergoing such course of study therein to any university for the award of the Degree for the qualification concerned. Subsection (5) of Section 12A further provides for the Commission to forward a copy of the order made by it under sub-section (4) to the University concerned, and on and from the date of receipt by the University of a copy of such order, the affiliation of such college to such University shall, in so far as it relates to the course of study specified in such order, stand terminated and on and from the date of termination of such affiliation for a period of three years thereafter affiliation shall not be granted to such college in relation to such similar course of study by that or any other University. Sub-Section (6) speaks that in case of termination of affiliation of any college under sub-section (5), the Commission shall take all such steps as it may consider appropriate for safeguarding the interests of the students concerned. Sub-section (7) further states that regulations made for the purpose of the aforesaid provisions of Section 12A of the UGC Act shall have effect notwithstanding anything inconsistent therewith contained in any other l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fidavit is without any foundation and it has stated that the affiliated colleges are distinct and different than the constituent colleges of the University, therefore, it cannot be said that constituent colleges also include affiliated colleges. The learned senior counsel further submitted that the assertion made by the UGC that the UGC Act does not have any provision to grant approval to technical institution, is facile. It is stated in its written submission that the AICTE norms will apply through UGC as observed by this Court in Bharathidasan University and Parshvanath Charitable Trust cases (supra). A reading of the notifications referred to supra issued by the AICTE shows that regulation of governing council, infrastructure such as land and in matters of salary and employment of staff in the affiliated colleges are totally without jurisdiction and contrary to the decisions of this Court. Further, strong reliance is placed by learned senior counsel Dr. Dhavan that issues which are raised in this case are answered in the TMA Pai Foundation v. State of Karnataka. (2002) 8 SCC 481 19. The learned senior counsel submitted that Section 14 of the UGC Act provides for consequences ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t prevail over the State enactments is totally untenable in law. Learned senior counsel submits that the legislation can be derived from a single Entry from the List mentioned in VIIth Schedule of the Constitution. For a single Legislation that is AICTE Act, the Parliament cannot operate under both, List I as well as List III. He further submits that the phrase subject to used in Entry 25 of List III of VIIth Schedule limits the power of both the Union as well as the State. Therefore, reference to Article 254 in those judgments by this Court in the cases referred to supra are wholly inapplicable to the fact situation in this case on the question of repugnancy under Article 254 (2) of the Constitution as it does not arise for the reason that the law in relation to establishment of Bharathidasan University and other University in respect of which member colleges of the appellant Association are affiliated to, is legislated by the State legislature and the AICTE Act is enacted by the Parliament under Entry 66 of List I. Therefore, the question of repugnancy between the two enactments referred to supra do not arise at all since repugnancy under Article 254(2) of the Constitution woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etween the words engineering and technology when it is one word in the statute and is mentioned as engineering technology in the definition of technical education as contained in Section 2(g) of the AICTE Act. The High Court has committed serious error in giving such an erroneous reading of the aforesaid provision of Section 2(g) and enlarging the scope of the Act and extending its sphere to the colleges involved in these proceeding which was not intended by the Parliament. Therefore, the learned counsel submits that the interpretation made by the High Court on the phrase engineering technology by reading the words engineering and technology to bring within the definition of the technical education as defined in Section 2(g) of the AICTE Act, is not only in contravention of the settled principles of interpretation of statutes but also in contravention to the settled position of law as laid down by this Court in catena of cases. 24. It is further contended by the learned counsel that this Court has held in number of cases that the courts cannot add or delete words or punctuations in a statute. It is also well settled proposition of law that the court shall gather ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1994 came into force and undoubtedly all the colleges of the appellants herein got approval from the above said University and started running MCA course much before the amended Regulations of 2000 came into force. Therefore, the said regulations cannot be applied to the appellants colleges. Further, the provision of Section 10 (k) of the AICTE Act, which deals with power and functions of the Council, clearly states that the council may grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned . 27. The learned counsel further contends that the Bharathidasan University is regulated and controlled by the UGC constituted under the provisions of the UGC Act, Rules and Regulations. The relevant provisions of the UGC Act cover the institutions and its constituents colleges as well as its affiliated colleges which are being run by the appellants herein and similarly placed colleges under Section 12, 12A, 13 and 14 of the UGC Act. The aforesaid provisions of UGC Act would show that those provisions would speak of Regulations of the university that is applicable and analogous to its affilia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for research and for the dissemination of knowledge; 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 examination of the University . Thus, it is clear that the colleges are affiliated to the university to impart education in different courses run by the university in which the students have to pass the prescribed examination of the University for making themselves eligible to obtain degrees. Therefore, any provision or direction requiring the colleges affiliated to university or imparting education to the students on behalf of the university to seek AICTE s approval for conducting MCA course when no such approval is required for the university for the aforesaid purpose will be contrary to the judgment rendered in Bharathidasan University s case (supra). 30. Learned counsel placed strong reliance upon the counter affidavit filed by the AICTE on 16.1.2013 in Civil Appeal No.1145 of 2004. Subsequent to the filing of the present appeal in 2004, the AICTE framed new Regulations in 2005 and 2006 which p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rch in such branches of engineering and technology, science and arts as the institute may think fit. Further, the National Institute of Technology Act, 2007 envisages certain institutions of national importance to provide for instructions and research in branches of engineering, technology, management, education, sciences and arts. He further contends that though one does not find a comma, between engineering and technology in Section 2(g) of the AICTE Act, the composition of the council envisaged by Section 3(4)(f)(iii) and (iv) and Section 13(1)(iii) and (iv) in relation to establishment of Board of Studies would clearly go to show that engineering and technology are two separate branches of study. Even if, engineering technology is considered to be a single expression that will not reduce the width and scope of the subject, it will nevertheless indicate both the branches of study of engineering and technology and will cover both the subjects. Therefore, the existence or absence of comma between the two words is of no significance and the crucial issue is delineation of the scope of engineering technology . Existence and absence of comma and its scope should be determined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts of this Court, namely, Adhiyaman Education and Research Institute (supra) and Jaya Gokul Educational Trust (supra) referred to in Paragraph 11 of the Bharathidasan University case, the powers of AICTE under the AICTE Act and Regulations framed thereunder, are lucidly explained and it is held that the provisions of the UGC Act enacted by the Parliament are also applicable to the university under State enactments in so far as technical education is concerned. Learned senior counsel submits that in Bharathidasan University s case the earlier judgments in Adhiyaman Education and Research Institute and Jaya Gokul Educational Trust were noted but their correctness was not considered. Also, the Bharathidasan University case did not make any observation about their actual accuracy and in the said case this Court did not go into the question as to whether the AICTE Act would prevail over the UGC Act or the effect of competing entries in the three lists of VII Schedule of the Constitution. On the other hand, a bare perusal of Adhiyaman Education and Research Institute and Jaya Gokul Educational Trust cases would clearly show that this Court was considering the applicability of AICTE A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct enumerated above show that if it is made applicable to the technical institutions, it will overlap and will be in conflict with the provisions of the Central Act in various areas and, in particular, in the matter of allocation and disbursal of grants, formulation of schemes for initial and in-service training of teachers and continuing education of teachers, laying down norms and standards for courses, physical and institutional facilities, staff pattern, staff qualifications, quality instruction assessment and examinations, fixing norms and guidelines for charging tuition and other fees, granting approval for starting new technical institutions and for introduction of new courses or programmes, taking steps to prevent commercialisation of technical education, inspection of technical institutions, withholding or discontinuing grants in respect of courses and taking such other steps as may be necessary for ensuring compliance of the directions of the Council, declaring technical institutions at various levels and types fit to receive grants, the constitution of the Council and its Executive Committee and the Regional Committees to carry out the functions under the Central Act, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nion List, it would be void and inoperative. (iii) If there is a conflict between the two legislations, unless the State legislation is saved by the provisions of the main part 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 higher 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 66 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p. 126) that Section 10 of the Central Act dealt with various matters (including granting approval for starting new technical institutions), and that so far as these matters were concerned 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 that extent, after the coming into operation of the Central Act, the provisions of the University Act will be deemed to have become unenforceable . (SCC pp. 126-27, para 30) Thus, in the two passages set out above, this Court clearly held that because of Section 10(k) of the Central Act which vested the powers of granting approval in the Council, the T.N. Act of 1976 and the University Act, 1923 could not deal with any questions of approval for establishment of technical institutions. All that was necessary was that under the Regulations, the AICTE Council had to consult them. 19. In our opinion, even if there was a State law in the State of Kerala which required the approval of the State Government for establishing technical institutions, such a law would have been repugnant to the AICTE Act and void to that extent, as held in T.N. case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e observations made in Bharathidasan University s case supra upon which strong reliance was placed by the learned senior counsel for the appellant, would show that this Court referred to Section 2(h) of the AICTE Act where the definition of technical institution excludes university from its scope. In the said judgment, this court has observed that the AICTE Act maintains a complete dichotomy between a University and a Technical Institution . It was further submitted that the expression constituent institutions as used in paragraphs 12 and 15 of the Bharathidasan University s judgment refers to technical institutions which are started by the university itself or as an adjunct to the university or affiliated colleges or are not started, managed and governed by the university itself, whereas constituent institutions are started, managed and governed by the university itself under powers given by the university enactment. In view of the aforesaid factual position he submits that issues in relation to coverage of affiliated colleges imparting technical education under Section 10(k) of AICTE Act stand decided and concluded by the judgments in Adhiyaman Education and Research Insti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Regulation 8(c) and 8(iv) by way of amendment in the year 2000 inserting the words MBA and MCA before Architecture and Hotel Management courses is applicable to the concerned colleges of the appellants? (5)Whether non placement of the amended Regulations before Houses of the Parliament as required under Section 24 of the AICTE Act is vitiated in law? (6)Whether the law laid down by this Court in Bharathidasan University s case, Adhiyaman Education and Research Institute case and Jaya Gokul Educational Trust case is applicable to the fact situation of the concerned colleges of the appellants? Answer to the points framed above 36. Point Nos. 1 and 2 are answered in favour of the appellants by assigning the following reasons:- For this purpose, it would be very much necessary to extract the definition of technical institution , university and technical education in Sections 2(h), 2(i) and 2(g) respectively read with Section 10(k) of the AICTE Act and also the definition of 2(f) of the UGC Act read with Sections 12, 12A, 12B, 12(2) (c) of the UGC Act. Section 2 (f), (g), (h) and (i) of the AICTE Act read as: 2. Definitions. .. (f) Regulations means ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties established or incorporated by or under a Central Act for the maintenance and development of such Universities or for any other general or specified purpose: (c) allocate and disburse, out of the Fund of the Commission, such grants to other Universities as it may deem 1[necessary or appropriate for the development of such Universities or for the maintenance, or development, or both, of any specified activities of such Universities] or for any other general or specified purpose: Provided that in making any grant to any such University, the Commission shall give due consideration to the development of the University concerned, its financial needs, the standard attained by it and the national purposes which it may serve, 2[(cc) allocate and disburse out of the Fund of the Commission, such grants to institution deemed to be Universities in pursuance of a declaration made by the Central Government under section 3, as it may deem necessary, for one or more of the following purposes, namely:- (i) for maintenance in special cases, (ii) for development, (iii) for any other general or specified purpose;] 1[ (ccc) establish, in accordance with the regulations made under th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of study for obtaining any qualification from a university and which, in accordance with the rules and regulations of such university, is recognized as competent to provide for such course of study and present students undergoing such course of study for the examination for the award of such qualification. (c) prosecution in relation to a course of study, includes promotion from one part or stage of the course of study to another part or stage of the course of study. (d) qualification means a degree or any other qualification awarded by a university. (e) regulations means regulations made under this Act. (f) specified course of study means a course of study in respect of which regulation of the nature mentioned in sub-section (2) have been made. (g) student includes a person seeking admission as a student; (h) university means a university or institution referred to in subsection (1) of Section 22. (2)Without prejudice to the generality of the provisions of section 12 if, having regard to- (c) the minimum standards which a person possessing such qualification should be able to maintain in his work relating to such activities and the conseque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ission under section 12 or section 13 [or contravenes the provisions of any rule made under clause (f) or clause (g) of sub-section (2) of section 25, or of any regulation made under clause (e) or clause (f) or clause (g) of section 26,] the Commission, after taking into consideration the cause, if any, shown by the university [for Such failure or contraventions] may withhold from the University the grants proposed to be made out of the Fund of the Commission. 37. In Bharathidasan University s case, the question which fell for consideration is referred to in the first paragraph of the judgment upon which strong reliance is placed by the learned senior counsel for the respondent Mr. Rakesh Dwivedi to substantiate his submission that the ratio laid down in Bharathidasan University s case (supra) is in relation to the question raised regarding the university created under the Bharathidasan Universities Act to start a department for imparting a course or programme in technical education or a technical institution as an adjunct to the university itself for conducting technical courses of its choice and selection. Therefore, the ratio laid down in the said case has no application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act does not contain any evidence of an intention to belittle and destroy the authority or autonomy of other statutory bodies, having their own assigned roles to perform. Merely activated by some assumed objects or desirabilities, the courts cannot adorn the mantle of the legislature. It is hard to ignore the legislative intent to give definite meaning to words employed in the Act and adopt 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 preconceived 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 AICTE was originally set up by a government resolution as a national expert body to advise the Central and State Governments for ensuring the coordinated development of technical education in accordance with approved standards was playing an effective role, but, [h]owever ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eful to advert to Sections 10(1)(c), (g), (o) which would go to show that universities are mentioned alongside the technical institutions and clauses (k), (m), (p), (q), (s) and (u) wherein there is conspicuous omission of reference to universities, reference being made to technical institutions alone. It is equally important to see that when AICTE is empowered to inspect or cause to inspect any technical institution 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 AICTE to only advise 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 envisages the setting up of a National Board of Accreditation to periodically conduct evaluation of technic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19 and 20 of Parashavananth Charitable Trust s case (supra) read as hereunder: 19. Section 10 of the AICTE Act enumerates various powers and functions of AICTE as also its duties and obligations to take steps towards fulfillment of the same. One such power as envisaged in Section 10(1)(k) is to grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned . It is important to see that the AICTE is empowered to inspect or cause to inspect any technical institution in clause (p) of sub-section (1) of Section 10 without any reservation whatsoever. However, 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 caused to be made of any department or departments only and that too, in such a manner as may be prescribed, as envisaged in Section 11 of the AICTE Act. 20. All these vitally important aspects go to show that the Council (AICTE) created under the AICTE Act is not intended to be an authority either superior to or to supervise and control the univ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own by it with no further or direct control over such universities or scope for any direct action except bringing it to the notice of UGC. In that background, this Court in Bharathidasan University case made it very clear by making the observation that it has examined the scope of the enactment as to whether the AICTE Act prevails over the UGC Act or the fact of competent entries fall in Entry 66 List I vis- -vis Entry 25 of List III of the VII Schedule of the Constitution. A cumulative reading of the aforesaid paragraphs of Bharathidasan University s case which are extracted above makes it very clear that this Court has exempted universities, its colleges, constituent institutions and units from seeking prior approval from the AICTE. Also, from the reading of paragraphs 19 and 20 of Parashvanath Chartitable Trust case it is made clear after careful scanning of the provisions of the AICTE Act and the University Grants Commission Act, 1956 that the role of AICTE vis- -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. It is rightly pointed out from the affidavit filed by UGC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2A of the UGC Act clearly speaks of regulation of fees and provisions of donation in certain cases which refers to the phrase affiliation together with its grammatical variation included in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of universities. A careful reading of sub-sections (2)(c), (3), (4) and (5) of Section 12A of the UGC Act makes it abundantly clear about colleges which are required to be affiliated to run the courses for which sanction/approval will be accorded by the university or under the control and supervision of such universities. Therefore, affiliated colleges to the university/universities are part of them and the exclusion of university in the definition of technical institution as defined in Section 2(h) of the AICTE Act must be extended to the affiliated colleges to the university also, otherwise, the object and purpose of the UGC Act enacted by the Parliament will be defeated. The enactment of UGC Act is also traceable to Entry 66 of List I. The aforesaid provisions of the UGC Act have been examined by this Court with reference to the provisions of AICTE Act in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in Unni Krishnan case has the effect of nationalizing education in respect of important features viz. the right of a private unaided institution to give admission and to fix the fee. By framing this scheme, which has led to the State Governments legislating in conformity with the scheme, the private institutions are indistinguishable from the government institutions; curtailing all the essential features of the right of administration of a private unaided educational institution can neither be called fair nor reasonable. Even in the decision in Unni Krishnan case it has been observed by Jeevan Reddy, J., at p. 749, para 194, as follows: 194. The hard reality that emerges is that private educational institutions are a necessity in the present-day context. It is not possible to do without them because the governments are in no position to meet the demand - particularly in the sector of medical and technical education which call for substantial outlays. While education is one of the most important functions of the Indian State it has no monopoly therein. Private educational institutions - including minority educational institutions - too have a role to play. It has been clea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sities should be released from the control of politics. Liberal education.-All education is expected to be liberal. It should free us from the shackles of ignorance, prejudice and unfounded belief. If we are incapable of achieving the good life, it is due to faults in our inward being, to the darkness in us. The process of education is the slow conquering of this darkness. To lead us from darkness to light, to free us from every kind of domination except that of reason, is the aim of education. Para 71 of the said decision, which deals with the rights of the private aided non-minority professional institutions, is extracted hereunder: Private aided professional institutions (non-minority) 71. While giving aid to professional institutions, it would be permissible for the authority giving aid to prescribe by rules or regulations, the conditions on the basis of which admission will be granted to different aided colleges by virtue of merit, coupled with the reservation policy of the State. The merit may be determined either through a common entrance test conducted by the university or the Government followed by counselling, or on the basis of an entrance test conducted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd controlled institution. Normally, the aid that is granted is relatable to the pay and allowances of the teaching staff. In addition, the management of the private aided institutions has to incur revenue and capital expenses. Such aided institutions cannot obtain that extent of autonomy in relation to management and administration as would be available to a private unaided institution, but at the same time, it cannot also be treated as an educational institution departmentally run by Government or as a wholly owned and controlled government institution and interfere with constitution of the governing bodies or thrusting the staff without reference to management. 40. A reading of the aforesaid paragraphs extracted from TMA Pai s case makes it very clear that in view of decision of the eleven Judges Constitution Bench of this Court, the scheme framed under the Unni Krishnan s case has been overruled. Therefore, the autonomy of the university is recognized in the said case and the object and intendment of the Parliament in excluding the universities from the definition of technical institution as defined under Section 2(h) of the AICTE Act makes is explicitly clear, after scanni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lexicon defines Technology as: any information (including information embodied in software) other than information in the public domain, that is capable of being used in- (i) the development, production or use of any goods or software; (ii) the development of, or the carrying out of, an industrial or commercial activity or the provision of a service of any kind. Explanation, when technology is described wholly or partly by reference to the uses to which it (or the goods to which it relates) may be put, it shall include services which are provided or used, or which are capable of being used, in the development, production or use of such technology or goods. [Weapons of Mass Destruction and their delivery system ]. Means a branch of knowledge; the knowledge and means used to produce the material necessities of a society . Further, Encyclopedia Law Lexicon presents Technology as: any information (including information embodied in software) other than information in the public domain, that is capable of being used in- (i) the development production or use of any goods or software; (ii) the development of, or the carrying out of, an industrial or commercial activity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nology and engineering as per the dictionaries referred to supra would clearly go to show that MCA also comes within the definition of technology. Therefore, the contention that technical education includes MCA as raised by the learned senior counsel on behalf of the AICTE stand to its reasoning and logic in view of the nature of MCA course which is being imparted to the students at post graduation level which is being conducted by the institutions, constituent colleges and affiliated colleges to the universities. The same is a technical education and therefore, it comes within the definition of technical education but for its proper conduct of courses and regulation the role of AICTE must be advisory and for the same, a note shall be given to the UGC for its implementation by it but not the AICTE. Accordingly, point no.3 is answered in favour of respondent AICTE. 43. As per definition of technical education under Section 2(g) of the AICTE Act and non production of any material by the AICTE to show that MBA course is a technical education, we hold that MBA course is not a technical course within the definition of the AICTE Act and in so far as reasons assigned for MCA cours ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Taylor v. Taylor which was followed by Lord Roche in Nazir Ahmad v. King Emperor who stated as under: 32. This rule has since been approved by this Court in Rao Shiv Bahadur Singh v. State of V.P. and again in Deep Chand v. State of Rajasthan. These cases were considered by a three-Judge Bench of this Court in State of U.P. v. Singhara Singh and the rule laid down in Nazir Ahmad case was again upheld. This rule has since been applied to the exercise of jurisdiction by courts and has also been recognised as a salutary principle of administrative law. In view of the above said decision, not placing the amended Regulations on the floor of the Houses of Parliament as required under Section 24 of the AICTE Act vitiates the amended Regulations in law and hence the submissions made on behalf of the appellants in this regard deserve to be accepted. Accordingly, point Nos. 4 and 5 are answered in favour of the appellants. 45. In so far as point no.6 is concerned, the law laid down in Bharathidasan University case, for the reasons recorded by us while answering point nos.1 and 2 in favour of the appellants, the said decision on all fours be applicable. We have distinguished Adhiyam ..... 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