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TMI Blog2013 (4) TMI 728X X X X Extracts X X X X X X X X Extracts X X X X ..... itution not being university, the applicability of bringing the university as defined under clause 2 (f) of UGC Act includes the institution deemed to be a university under Section 3 of the said Act and therefore the affiliated colleges are excluded from the purview of technical institution definition of the AICTE Act. 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. From TMA Pai s case [ 2002 (10) TMI 739 - SUPREME COURT] , 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 [ 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned 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. The amended Regulation Nos. 8(c) and 8(iv) of 2000 were introduced by the AICTE in exercise of its power under section 10(k) of AICTE Act by adding the MBA and MCA courses within the purview of the provisions of AICTE as it is included in the Regulation as a technical education. It is the case made out by learned counsel for the appellant Mr. Prashant Bhushan that the amended Regulation has not been placed before the Parliament which is mandatory as per the provisions of Section 24 of the AICTE Act, the said contention has not been disputed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 865 institutions in the country offering 40,792 seats for the MCA course which had the approval of the AICTE. Within the State of Tamil Nadu the number of institutions which have received such approval are 208. As per the affidavit filed on behalf of the State, it is stated that apart from the member colleges of the first appellant and colleges of the second appellant, all other institutions offering MCA have obtained the approval of the AICTE. 3. Regulations 1994 have been prescribed in Form II which is in terms of Regulation 5(2)(b) and were framed pursuant to Section 10(k) of the AICTE Act for grant of approval to the colleges who have started new technical institutions, introduction of courses or programmes and approval of intake capacity of seats for the courses or programmes. Form II is titled "Application for Existing Institution(s) seeking AICTE approval without additional course(s) and/or additional intake(s) in engineering/technology, architecture, pharmacy, applied arts, etc." 4. In the 1997, Regulation 2(2) framed by the AICTE was added by way of an amendment to the 1994 Regulations, providing that the regulations are not applicable inter alia, to the proposals relati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the earlier amendment of 1997 in which MCA course was not within the purview of the AICTE Act. Through the said amendment MCA course was conspicuously added in Rule 8(c) of the Regulations. By virtue of the said amendment, the AICTE claimed that it has got powers to check and regulate the MCA course. The High Court of Madras after hearing some of the appellant colleges quashed the letter dated 31.5.2000 of the AICTE. However, the High Court left it open to the appellant colleges to challenge the vires of the amended AICTE Regulation vide order dated 22.11.2000. The appellant colleges preferred writ petitions in the High Court of Madras challenging the amended Regulation dated 16.8.2000 mainly on the ground that it is ultra vires to the AICTE Act as the MCA course which are being run by the appellants colleges do not fall under the definition of technical education as contained in Section 2(g) of the Act and it was also challenged on the ground that since the amended Regulation has not been placed before the Houses of Parliament for approval they cannot be enforced. The aforesaid appeals are filed framing certain questions of law which are mentioned hereunder:- (a) Whether the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the courses are being run by the Universities. 9. It is further urged that if the interpretation given by the High Court with regard to the provisions of the AICTE Act and Regulations is accepted by this Court, it will run contrary to the law laid down by this Court in the Bharathidasan University case (supra). In this decision, this Court clearly dealt with the scope and purpose of the University for which it has been established, the relevant para of which reads as under:- "2. The Bharathidasan University Act, 1981 created the University in question to provide, among other things, for instruction and training in such branches of learning as it may 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; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f any institutions maintained, recognized or approved by, or affiliated to, the University, and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in respect of any matter connected with the University, The chancellor shall in every case give notice to the University of his intention to cause such inspection or inquiry to be made and the university shall be entitled to be represented thereat. 33. Statutes- Subject to the provisions of this Act the statutes may provide for all or any of the following matters, namely:- .... (xvii) the conditions of recognition of approved colleges and of affiliation to the University of affiliated colleges; (xviii) the manner in which, and the conditions subject to which a college may be designated as an autonomous college or the designation of such college may be cancelled and the matters incidental the administration of autonomous colleges including the constitution and reconstitution, powers and duties of Standing Committee on Academic Affairs, Staff Council, Boards of Studies and Boards of Examiners; 39. Admission to University examinations.- No candidate shall be admitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in them and their examination process under Section 10 of the AICTE Act. 14. Dr. Rajiv Dhavan, learned senior counsel appearing on behalf of the appellant in CA No.1145 of 2004 submits that the AICTE Act and its Regulations do not apply to University/Universities or constituent colleges and its institutions but according to the AICTE the provisions of AICTE Act would apply to the affiliated colleges of the Universities. He further submits that the issues in questions in this case are-- notification of 6th February, 2001 about the governing body of the member colleges of the appellant Association, notification of 3rd March, 2001 regarding land area and also pointed out the other notifications issued by the AICTE covering a wide canvas namely notifications issued on 9.9.2002 in relation to the governing body, staff etc. of the member colleges of the appellant, notification dated 22.10.2003 regarding the unaided institutions, notification dated 30.10.2003 regarding salary and notification dated 28.10.2003 regarding guidelines for common entrance test(s) for admission to MCA Programmes in the country. In contrast, UGC guidelines are issued on 20th December, 2003 and 29th December, 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d determination of standards at university level of institutions as well as institutions for higher studies. Further, with reference to definition of "technical institution" as defined in Section 2(h) of the AICTE Act, the Parliament has taken special care to make conspicuous and deliberate mention of the universities to highlight wherever and whenever the AICTE alone was expected to interact with the university, its departments as well as its constituent institutions. In this regard, he also placed strong reliance upon Section 12A of the UGC Act under Chapter III which deals with the powers and functions of the University Grants Commission. Clause (a) of Section 12A speaks of affiliation with its grammatical variations and includes in relation to a college, recognition of such college, Association of such college with admission of such college to the privileges of a university. Clause (d) speaks of qualification which means a degree or any other qualification awarded by a University. Also strong reliance is placed upon sub-section (4) of Section 12A which authorizes UGC to conduct an inquiry in the manner provided under the Regulations, if the Commission is satisfied after providi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted colleges. He has placed reliance upon the observations made by this Court in Para 19 of Parashavananth Charitable Trust & Ors. v. AICTE 2013 (3) SCC 385 . In the written submission submitted by the appellant's counsel with reference to UGC affidavit filed in this Court he has placed reliance upon Para 20 of the case referred to supra wherein it is observed by this Court in the said decision that the AICTE created under the Act is not intended to be an authority either superior to or to supervise and control the universities and thereby superimpose itself upon such universities merely for the reason that they are imparting the technical education or programmes in any of their departments or units. He further submitted that a careful scanning of the provisions of the AICTE Act and the provisions of UGC Act, 1956 in juxtaposition it is observed that the said provision will show that the role of AICTE with regard to the university/universities is only advisory, recommendatory and one of providing guidance, to subserve the cause of maintaining appropriate standards and qualitative norms and not as an authority empowered to issue and enforce any sanctions by itself. 18. Further, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egulations. Therefore, the learned senior counsel Dr. Dhavan submits that the role of AICTE under the provisions of the Act is only advisory and recommendatory in nature and it cannot have any administrative or any other control upon the colleges which are affiliated to the universities which fall within the definition of Section 2 (f) of the UGC Act including the grant of approval for opening of a new course in relation to technical education including MCA. 20. Further, after referring to the earlier decisions of this Court, namely, State of Tamil Nadu v. Adhiyaman Education and Research Institute (1995) 4 SCC 104 ,Jaya Gokul Educational Trust v. Commissioner and Secretary to Government High Education Department, Thiruvananthapuram (2000) 5 SCC 231 And Parshvanath Charitable Trust (supra), wherein this Court has referred to the provisions of UGC Act and made certain observations that if there is conflict between two legislations namely the State Legislation and the Central Legislation, under clause (2) of Article 254 of the Constitution, the State Legislation being repugnant to the Central legislation would be inoperative as the State Law encroaches upon Entry 66 of Union List un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of the respective Universities Act and the UGC Rules and Regulations. 22. Mr. Prashant Bhushan, the learned counsel for the appellants in the connected appeals contended that in the impugned judgment, the High Court has erred in holding that the Master of Computer Applications is a technical education course and is therefore covered by the definition of 'technical education' as defined in Section 2(g) of the AICTE Act, which is extracted in the relevant portion of the judgment. It is further contended by learned counsel that the definition of 'technical education' in the Act as it stands today is an exclusive definition and does not cover the courses of Master of Computer Applications imparted by the colleges run by the appellant colleges. The Central Government has been given power to include any other area or course/courses in its purview by issuing an official notification to be published in the Official Gazette to this effect. Such notification has not been issued so far by the Central Government. Therefore, he submits that when the MCA course is not covered within the definition of 'technical education' it does not come under the purview of the AICTE Act at all a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt dated 16.8.2000 of Regulations 2(2), 8(c) and 8(iv) has been kept ignoring the mandatory provision of Section 24 and therefore the impugned amendment to the aforesaid Regulations has been rendered invalid and void ab initio in law. This aspect of the matter has not been considered by the High Court while interpreting the said provisions in holding that as a result of the amendment of the aforesaid Regulations, the provisions of AICTE Act will be applicable to the courses which are being conducted by the colleges affiliated to the University/Universities. This approach of the High Court is erroneous and therefore the same cannot be allowed to sustain in law. Further, it is contended by the learned counsel that the High Court has failed to examine the above said legal aspect of the amendment to the Regulations of AICTE in the year 2000 enlarging the scope of the Act to areas for which it is not meant. Such amendment in Regulations will be ultra vires to the Act itself and cannot be sustained on this count alone. This Court in several cases has laid down the legal principle that the Rules and Regulations made under the Act cannot override or enlarge the object or purpose of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (k) of the AICTE Act and consequently void and unenforceable in law. Placing strong reliance on the observations made in para 14 of said judgment and after referring to the Regulations, this Court held that the AICTE could not have been made to bind universities/UGC within the confines of the powers conferred upon it. It cannot be enforced against or to bind a university as a matter of any necessity to seek prior approval to commence a new department or course and programme in technical education in any university or any of its departments and constituent institutions. The said observation also applies in the present case that the Regulations have no application to the MCA course which is being run by the colleges of the appellants herein. 29. It is further contended by the learned counsel that Bharathidasan University which was incorporated under the provisions of UGC Act, 1956 is a controlling authority of its affiliated colleges for all its courses including MCA course. The University confers degrees on the students studying in its affiliated colleges. Thus, for all intents and purposes, the courses are run by the University. In fact in Bharathidasan University's case (supra) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of MCA course in the appellant colleges but also after the impugned judgment in this appeal and after filing of the appeals, cannot be made applicable to the colleges of the appellant herein who are running MCA course since this will result in giving the amended Regulations retrospective effect as the Regulations do not provide for it. 31. On the other hand, Mr. Rakesh Dwivedi, learned senior counsel appearing on behalf of respondent AICTE, sought to justify the impugned judgment in these appeals by placing strong reliance upon the dictionary meaning of the expression "engineering" and "technology" from the following dictionaries, namely Webster's Comprehensive Dictionary, Wharton's Law Lexicon, Encyclopedic Law Lexicon, The New Shorter Oxford English Dictionary, Advanced Law Lexicon, P Ramanatha Aiyar's the Law Lexicon and Stroud's Judicial Dictionary of Words and Phrases. After a careful reading of the meanings of 'technical engineering' which speaks of the art or source of making practical applications of the knowledge of pure science as physics, chemistry, etc. as in the construction of engines, bridges, buildings, mines, chemical plants and the like, he submits that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, town planning, management, pharmacy and applied arts and crafts and such other programme or areas as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare;" The expression "Engineering Technology" in Section 2(g) of AICTE Act would clearly comprehend within its scope, the MCA course offered by the appellant colleges. The contention on behalf of the appellants herein is that the colleges affiliated to the universities are outside the scope and purview of the AICTE Act in relation to obtaining approval from the AICTE for establishing technical institution or introducing new course or programme as required under Section 10(k) read with Section 2(h) of the Act. Since the definition of "technical institution" makes no mention of colleges providing technical education which are affiliated to the universities thereby expressly excluding such colleges from the definition of "technical institution" under the AICTE Act as they are covered under the affiliated colleges of the universities, the contention made above is not tenable in law. Also, the said definition, based on the judgment of this Court in Bharathidasan University's ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tute case (supra) and Jaya Gokul Education Trust case (supra). The relevant portions of the Adhiyaman Education and Research Institute case are extracted hereunder: "12. The subject "coordination and determination of standards in institutions for higher education or research and scientific and technical institutions" has always remained the special preserve of Parliament. This was so even before the Forty-second Amendment, since Entry 11 of List II even then was subject, among others, to Entry 66 of List I. After the said Amendment, the constitutional position on that score has not undergone any change. All that has happened is that Entry 11 was taken out from List II and amalgamated with Entry 25 of List III. However, even the new Entry 25 of List III is also subject to the provisions, among others, of Entry 66 of List I. It cannot, therefore, be doubted nor is it contended before us, that the legislation with regard to coordination and determination of standards in institutions for higher education or research and scientific and technical institutions has always been the preserve of Parliament. What was contended before us on behalf of the State was that Entry 66 enables Parli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon the provisions of the Central Act are void and, therefore, unenforceable. It is for these reasons that the appointment of the High Power Committee by the State Government to inspect the respondent-Trust was void as has been rightly held by the High Court. 41. What emerges from the above discussion is as follows: (i) The expression 'coordination' used in Entry 66 of the Union List of the Seventh Schedule to the Constitution does not merely mean evaluation. It means harmonisation with a view to forge a uniform pattern for a concerted action according to a certain design, scheme or plan of development. It, therefore, includes action not only for removal of disparities in standards but also for preventing the occurrence of such disparities. It would, therefore, also include power to do all things which are necessary to prevent what would make 'coordination' either impossible or difficult. This power is absolute and unconditional and in the absence of any valid compelling reasons, it must be given its full effect according to its plain and express intention. (ii) To the extent that the State legislation is in conflict with the Central legislation though the former is purported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 64, 65 and 66 of List I; vocational and technical training of labour." Thus, the State law under Entry 23 of List III would be repugnant to any law made by Parliament under Entry 66 of List I, to the extent of inconsistency. The Tamil Nadu Act was of 1976 and the University Act was of 1923 and were laws referable to List III. Whether they were pre-constitutional or post-constitutional laws, they would be repugnant to the AICTE Act passed by Parliament under Entry 66 of List I. In the above case this Court referred to the various provisions of the AICTE Act and on the question of repugnancy held (see SCC p. 120) as follows: (SCC para 22) "Hence, on the subjects covered by this statute, the State could not make a law under Entry 11 of List II prior to Forty-second Amendment nor can it make a law under Entry 25 of List III after the Forty-second Amendment. If there was any such existing law immediately before the commencement of the Constitution within the meaning of Article 372 of the Constitution, as the Madras University Act, 1923, on the enactment of the present Central Act, the provisions of the said law if repugnant to the provisions of the Central Act would stand impliedly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt with the AICTE Act or its Regulation or the conditions imposed by AICTE. Therefore, the procedure for obtaining the affiliation and any conditions which could be imposed by the University, could not be inconsistent with the provisions of the Central Act. The University could not, therefore, in any event have sought for "approval" of the State Government. 30. Thus, the University ought to have considered the grant of final or further affiliation without waiting for any approval from the State Government and should have acted on the basis of the permission granted by AICTE and other relevant factors in the University Act or statutes, which are not inconsistent with the AICTE Act or its Regulations." 33. The learned senior counsel further submits that the question of law which was being considered was whether the universities created in the Bharathidasan University Act, 1981 should seek prior approval of the AICTE to start a department or imparting a course or a programme in technical education or technical institution as an adjunct to the university itself to conduct technical courses of its choice. In that case, this Court was not concerned with the question of starting of a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and standards in the technical education system in the country so as to conform to the standards laid down by it. Therefore, learned senior counsel for the respondent AICTE submits that the contention urged by Dr. Dhavan, with respect to the member colleges of the appellant and learned counsel Mr.Prashant Bhushan in connected appeals that the AICTE, except bringing to the notice of UGC regarding standards to be maintained by the colleges affiliated to the universities in relation to technical education, has no role to play or it has no power to regulate or control such colleges, is wholly untenable in law and therefore the submissions made in this regard cannot be accepted. 35. On the basis of the factual and rival legal contentions urged on behalf of the parties the following points would arise for consideration of this Court in these civil appeals:-- (1)Whether the colleges affiliated to a university comes within the purview of exclusion of the definition of "Technical Institution" as defined under Section 2(h) of the AICTE Act, 1987? (2)Whether the AICTE has got the control and supervision upon the affiliated colleges of the respective universities of the member colleges of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it may think fit for ensuring coordinated and integrated development of technical education and management and maintenance of standards and for the purposes of performing its functions under this Act, the Council may- ...... (k) grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned:" Further, the relevant sections of University Grants Commission Act, 1956 read as under: "2.Definitions. ........ (f) "University" means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act. 12. Functions of the Commission- It shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or University on any question which may be referred to the Commission by the Central Government or the State Government or the University, as the case may be; (h) collect information on all such matters relating to University education in India and other countries as it thinks fit and make the same available to any University; (i) require a University to furnish it with such information as may be needed relating to the financial position of the University or the studies in the various branches of learning undertaken in that University, together with all the rules and regulations relating to the standards of teaching and examination in that University respecting each of such branches of learning; (j) perform such other functions as may be prescribed or as may be deemed necessary by the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions. 12A. Regulation of fees and prohibition of donations in certain cases- (1) In this section- (a) "affiliation", together with its grammatical variation, includes, in relation to a college, recognition of such college by, association of such college with, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , cause an inspection of any department or departments thereof to be made in such manner as may be prescribed and by such person or persons as it may direct. (2) The Commission shall communicate to the University the date on which any inspection under sub-section (1) is to be made and the University shall be entitled to be associated with the inspection in such manner as may be prescribed. (3) The Commission shall communicate to the University its views in regard to the results of any such inspection and may, after ascertaining the opinion of the University, recommend to the University the action to be taken as a result of such inspection. (4)All communications to a University under this section shall be made to the executive authority thereof and the executive authority of the University shall report to the Commission the action, if any, which is proposed to be taken for the purpose of implementing any such recommendation as is referred to in subsection (3). 14. Consequences of failure of Universities to comply with recommendations of the Commission- If any University [grants affiliation in respect of any course of study to any college referred to in sub-section (5) of section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the State Enactments covered in those cases. Therefore, the said decisions are applicable to the fact situation of this case. This contention is rightly rebutted by the learned senior counsel Dr. Rajiv Dhavan and Mr. Prashant Bhushan, the learned counsel appearing on behalf of the appellants in both set of appeals inviting our attention to the various provisions of the AICTE Act and UGC Act with reference to the principles laid down in Bharathidasan University's case. Also, the relevant paragraphs from the decision rendered in T.M.A. Pai Foundation (supra) will be referred to in this judgment. With reference to the above said rival legal contentions, it will be worthwhile to refer to the principle laid down in Bharathidasan University and Parashavananth Charitable Trust cases (supra). The relevant paragraphs of Bharathidasan University case (supra) read as under: "8. We have bestowed our thoughtful consideration to the submissions made on either side. When the legislative intent finds specific mention and expression in the provisions of the Act itself, the same cannot be whittled down or curtailed and rendered nugatory by giving undue importance to the so-called object underl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause (f) of Section 2 of the University Grants Commission Act, 1956 and also to be inclusive of an institution deemed to be a university under Section 3 of the said Act. Section 10 of the Act enumerates the various powers and functions of AICTE as also its duties and obligations to take steps towards fulfilment of the same. One such 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". Section 23, which empowers the Council to make regulations in the manner ordained therein emphatically and specifically, mandates the making of such Regulations only "not inconsistent with the provisions of this Act and the Rules". The Act, for all purposes and throughout maintains the distinct identity and existence of "technical institutions" and "universities" and it is in keeping tune with the said dichotomy that wherever the university or the activities of the university are also to be supervised or regulated and guided by AICTE, specific mention has been made of the university alongside the technical institutions and wherever the university is to be left out a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iate action. The conscious and deliberate omission to enact any such provision in the AICTE Act in respect of universities is not only a positive indicator but should be also one of the determining factors in adjudging the status, role and activities of AICTE vis-à-vis universities and the activities and functioning of its departments and units. All these vitally important facets with so much glaring significance of the scheme underlying the Act and the language of the various provisions seem to have escaped the notice of the learned Judges, their otherwise well-merited attention and consideration in their proper and correct perspective. The ultraactivist view articulated in M. Sambasiva Rao case on the basis of supposed intention and imagined purpose of AICTE or the Act constituting it, is uncalled for and ought to have been avoided, all the more so when such an interpretation is not only bound to do violence to the language of the various provisions but also inevitably render other statutory authorities like UGC and universities irrelevant or even as non-entities by making AICTE a superpower with a devastating role undermining the status, authority and autonomous functioni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontain any evidence of an intention to belittle and destroy the authority or autonomy of other statutory bodies which they are assigned to perform. Further, the AICTE Act does not intend to be an authority either superior or to supervise or control the universities and thereby superimpose itself upon the said universities merely for the reason that it is laying down certain teaching standards in technical education or programmes formulated in any of the department or units. It is evident that while enacting the AICTE Act, the Parliament was fully alive to the existence of the provisions of UGC Act, 1956 particularly, the said provisions extracted above. Therefore, the definition in Section 2(h) technical institution in AICTE Act which authorizes the AICTE to do certain things, special care has consciously and deliberately been taken to make specific mention of university, wherever and whenever the AICTE alone was expected to interact with university and its departments as well as constituent institutions and units. It was held after analyzing the provision of Sections 10, 11 and 12 of the AICTE Act that the role of the inspection conferred upon the AICTE vis-à-vis universiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an only advise the UGC for formulating the standard of education and other aspects to the UGC. In view of the law laid down in Bharathidasan University and Parashvanath Charitable Trust cases (supra), the learned senior counsel Dr. Dhavan has rightly submitted for rejection of the affidavit of the UGC, which we have to accept as the same is without any factual foundation and also contrary to the intent and object of the Act. 39. It is also relevant to refer to the exclusion of university from the definition of 'technical institution' as defined under section 2(h) of the AICTE Act. The Institution means an institution not being university, the applicability of bringing the university as defined under clause 2 (f) of UGC Act includes the institution deemed to be a university under Section 3 of the said Act and therefore the affiliated colleges are excluded from the purview of technical institution definition of the AICTE Act. The submission made on behalf of the colleges which are affiliated to the respective universities which are being run by the appellants in the connected appeals will also come within the purview of the university referred to in the above definition of technical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) wherein this Court has overruled the directions given in Unni Krishnan J.P. & Ors. v. State of Andhra Pradesh & Ors. 1993 (1) SCC 645 to the Central Government and others regarding the reservations and schemes. The relevant paragraphs of T.M.A. Pai case read as under:- "37. Unni Krishnan judgment has created certain problems, and raised thorny issues. In its anxiety to check the commercialization of education, a scheme of "free" and "payment" seats was evolved on the assumption that the economic capacity of the first 50% of admitted students would be greater than the remaining 50%, whereas the converse has proved to be the reality. In this scheme, the "payment seat" student would not only pay for his own seat, but also finance the cost of a "free seat" classmate. When one considers the Constitution Bench's earlier statement that higher education is not a fundamental right, it seems unreasonable to compel a citizen to pay for the education of another, more so in the unrealistic world of competitive examinations which assess the merit for the purpose of admission solely on the basis of the marks obtained, where the urban students always have an edge over the rural students. In p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommission, in paras 29 and 31, it referred to autonomy in education which reads as follows: "University autonomy.-Freedom of individual development is the basis of democracy. Exclusive control of education by the State has been an important factor in facilitating the maintenance of totalitarian tyrannies. In such States institutions of higher learning controlled and managed by governmental agencies act like mercenaries, promote the political purposes of the State, make them acceptable to an increasing number of their population and supply them with the weapons they need. We must resist, in the interests of our own democracy, the trend towards the governmental domination of the educational process. Higher education is, undoubtedly, an obligation of the State but State aid is not to be confused with State control over academic policies and practices. Intellectual progress demands the maintenance of the spirit of free inquiry. The pursuit and practice of truth regardless of consequences has been the ambition of universities. Their prayer is that of the dying Goethe: 'More light', or that of Ajax in the mist 'Light, though I perish in the light.' * * * The respect in which the u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ching and non-teaching staff. In many States, there are various statutory provisions to regulate the functioning of such educational institutions where the States give, as a grant or aid, a substantial proportion of the revenue expenditure including salary, pay and allowances of teaching and non-teaching staff. It would be its responsibility to ensure that the teachers working in those institutions are governed by proper service conditions. The State, in the case of such aided institutions, has ample power to regulate the method of selection and appointment of teachers after prescribing requisite qualifications for the same. Ever since In Re, Kerala Education Bill, 1957 this Court has upheld, in the case of aided institutions, those regulations that served the interests of students and teachers. Checks on the administration may be necessary in order to ensure that the administration is efficient and sound and will serve the academic needs of the institutions. In other words, rules and regulations that promote good administration and prevent maladministration can be formulated so as to promote the efficiency of teachers, discipline and fairness in administration and to preserve harm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n University case (supra) on all fours be applicable to the fact situation of these appeals and we have to apply the said principle in the cases in hand whereas in the decisions of Adhiyaman Education and Research Institute case and Jaya Gokul Education Trust's case (supra) this Court has not examined the cases from the aforesaid perspective. Therefore, the same cannot be applied to the fact situation. The reliance placed upon those judgments by the learned senior counsel on behalf of the AICTE is misplaced. Accordingly, point nos.1 and 2 are answered in favour of the appellants. Answer to Point No.3 41. Learned senior counsel for AICTE, Mr. Rakesh Dwivedi, with reference to the definition of technical education under the provisions of the AICTE Act, urged that the definition of engineering and technology has to be construed and interpreted to bring MCA course under its fold in view of the meaning assigned to those words occurred in the definition clause by placing reliance on the different dictionaries, which are extracted as hereunder: As per the Webster's Comprehensive Dictionary, 'Technology' means: "(1) Theoretical knowledge of industry and the industrial arts. (2) The ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resulting in the creation of new products, new manufacturing processes, or more efficient methods of distribution. (WTO)." The meaning of Engineering as given in Dictionaries are read as under: Webster's Comprehensive Dictionary - Engineering - Enginering in the broader sense, is that branch of human endeavour by which the forces of nature are brought under human control and the properties of matter made useful in structures and machines" Advanced Law Lexicon - The activity or the functions of an Engineer; the science by which the properties of matter and the sources of energy in nature are made useful to man in structures, machines and products; relating to engineering. The New Shorter Oxford English Dictionary - The work done by or the occupation of, an engineer, the application of the science for directly useful purposes as, construction, propulsion, communication or manufacture. The action of working artfully to bring something about. A field of study or activity concerned with deliberate alteration or modification in some particular area. Law Lexicon - The activity or the functions of an engineer; the science by which the properties of matter and the sources of energy in na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and it before the expiry of the session immediately following the session or the successive sessions, aforesaid, both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation." The position of law is well settled by this Court that if the Statute prescribes a particular procedure to do an act in a particular way, that act must be done in that manner, otherwise it is not at all done. In the case of Babu Verghese v. Bar Council of Kerala 1999 (3) SCC 422, after referring to this Court's earlier decisions and Privy Council and Chancellor's Court, it was held as under: "31. It is the basic principle of law long settled that if the manner of doing a particular act is prescribed under any statute, the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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