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Issues Involved:
1. Whether the State Government has the power to grant and withdraw permission to start a technical institution after the All India Council for Technical Education Act, 1987 (Central Act) came into force. 2. The conflict between the Central Act and the Tamil Nadu Private Colleges (Regulation) Act, 1976 (State Act) and the Madras University Act, 1923 (University Act). 3. The scope of legislative powers of the Union and the State legislatures under the Constitution concerning technical education. Issue-wise Comprehensive Details: Issue 1: State Government's Power Post-Central Act The primary question was whether the State Government retained the power to grant and withdraw permission to start a technical institution after the enactment of the Central Act. The Court held that after the passing of the Central Act, the State Government had no power to cancel the permission granted to start the College. The learned Single Judge ruled that the only course open to the State Government was to refer the matter to the All India Council for Technical Education (Council). The Division Bench confirmed that the State Government had no jurisdiction to derecognize the College. Issue 2: Conflict Between Central and State Acts The Court examined the conflict between the Central Act and the State Act, including the University Act. It was found that the provisions of the State Act, if made applicable to technical institutions, would overlap and conflict with the Central Act in various areas. The Central Act's primary objective is to coordinate and determine standards of technical education throughout the country, which is a subject within the exclusive legislative field of the Central Government under Entry 66 of the Union List. Therefore, the provisions of the State Act that impinge upon the Central Act are void and unenforceable. Issue 3: Legislative Powers of Union and State Legislatures The Court discussed the respective spheres of the Central and State legislatures under the Constitution. Entry 66 of List I (Union List) pertains to the "coordination and determination of standards in institutions for higher education or research and scientific and technical institutions," which has always been the preserve of the Parliament. The Court held that the norms and standards set by the Council under the Central Act should be uniform throughout the country to ensure coordinated and integrated development of technical education. The State cannot prescribe higher standards that conflict with those set by the Council. Conclusion The Supreme Court upheld the High Court's judgment, asserting that the Central Act prevails over the State Act in matters of technical education. The derecognition by the State Government and disaffiliation by the State University on grounds inconsistent with the Central Act are inoperative. The appeals and special leave petitions were dismissed with costs.
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