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TMI Blog2000 (4) TMI 824X X X X Extracts X X X X X X X X Extracts X X X X ..... approval for establishing an Engineering and Technical College. The abovesaid approval was subject to the fulfilment of specific conditions mentioned in Annexure I and the general conditions mentioned in Annexure II to the said letter. In the event of contravention of the conditions, guidelines, norms and regula-tions of the AICTE, the AICTE could withdraw the approval at any time. Under the impression that the State Govt. was to grant permission, the appellant requested the State Government by letter dated 24.6.1995 for permission to start the college. Meanwhile, the Mahatama Gandhi University by their letter dated 31.5.1995 forwarded to the Government a list of Colleges and Courses for affiliation during the academic year 1995-96. The appellant's college was shown as one of the colleges among the affiliated colleges for the said period. The appellant sent a reminder to the Government on 26.8.1995 for permission for starting the college for the academic year 1995-96 and ultimately the Government refused permission by informing the appellant by a letter dated 16.8.1996 as follows : In inviting your attention to the reference cited, I am to inform you that Government regre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndards of the education. The AICTE had consulted the State of Kerala as well as the Mahatama Gandhi University. The University had granted conditional approval, as stated earlier. Therefore the AICTE consti-tuted a Task Force and obtained its opinion and thereafter granted its approval on 13.11.1995 subject to various conditions. According to the learned senior counsel it was indeed not necessary for the appellant to have applied to the State Government for any further sanction to establish the college. It might be that under the relevant statutes of the University, the University was required to obtain the views of the State Government but that did not amount to requiring any approval of the State Government and indeed if any such statute required the approval of the state Government, it would be void in view of what was stated by this Court in State of Tamil Nadu Another v. Adhiyaman Educational Research Institute Others,[l995] 4 SCC 104. Learned senior counsel for the appellant Sri T.L. Viswanatha Iyer also contended that though the State Government stated in its counter affidavit filed in the High Court that the policy of the Government was not to grant approval ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and whether the University should have granted further orders to continue the affiliation solely on the basis of the AICTE permission? Point 1 : This point is more or less covered by the judgment of this Court in State of Tamil Nadu Another v. Adhiyaman Educational Research Institute Others,[l995] 4 SCC 104. But, in the context of section 10(K) regarding 'approval' for starting a technical institution, certain aspects of the judgment need to be highlighted. Before we refer to the abovesaid judgment, it will be necessary to refer to certain provisions of the AICTE Act and the relevant regulations. The abovesaid Act was an act to provide for the establishment of All India Council for Technical Education with a view to the proper planning and coordinated development of the technical education system throughout the country, the promotion of qualitative improvement of such education in relation to planned quantitative growth and the regulation and proper main- tenance of norms and standards in the technical education system and for matters connected therewith. Under section 10 of the Act, it is stated that it is the duty of the Council constituted und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essary steps to prevent commercialisation of technical education, clause (o) to provide guidelines for admission of students to technical institutions and Universities imparting technical education, clause (p) to inspect or cause inspection to any technical institution, clause (q) to withhold or discontinue grant, clause (r) to strengthen the existing organisa-tions etc., clause (s) to declare technical institutions as fit to receive grants, clause (t) to advice for declaring institutions to be deemed as universities, clause (u) to set up a National Board of Accreditation. Section 11 of the Act deals with inspection. Regulations have been framed on 31st October, 1994 by the AICTE in exercise of powers conferred on it by section 23(1) of the AICTE Act. Regulation 2 states that these regulations will be applicable to proposals relating to (a) grant of approval of the Council for establishment of new technical institutions including Universities or University depart-ments and deemed Universities and for technical institutions function-ing on the date of commencement of these regulations at Degree and Diploma levels; (b) grant of approval of the Council for introduction of any cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ituted under regulation 9(5) and consider the recommendations of the State Level Committee and send its recommendations to the Member Secretary of the Council. Sub-clauses 8 9 of Regulation 8 are important and read as follows : Reg. 8(8) If there is a disagreement in the recommendations made by the State Government, University or the Regional Committee, the Central Task Force shall invite representatives of the respective agencies for further consultations before making final recommenda-tion; (9) On the recommendation of the Central Task Force, the Council shall decide the question of grant of approval as sought for in the application : Provided that the Council may, for reasons to be communicated to the applicant, allow the approval with such restrictions or modifications as it may deem necessary. Sub-clause 10 of Regulation 8 states that the decision of the Council shall be communicated to the State Government concerned or the UGC, as the case may be, the concerned University or the State Board, the Regional Office and the applicant before 30th April in case the application was made before the preceding 31st December. The Tamil Nadu case : As stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle 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 repealed to the extent of repugnancy. Such repugnancy would have to be adjudged on the basis of the tests which are applied for adjudging repugnancy under Article 254 of the Constitution . We shall now refer to the relevant paras of the above judgment dealing with the question of 'approval' for establishing technical institutions under section 10(K) of the AICTE Act. The Tamil Nadu Rules of 1976 made under the 1976 Act had no doubt excluded technical institutions from the purview of the Rules but this Court pointed out that the Rules were capable of being amended so as to extend to such technical institutions and that if they were so extended, the State Act of 1976 and the Rules would require approval' by the State Government and that would be void. It was stated (see p. 124 SCC) that inasmuch as the State Act, will overlap and will be in conflict with the provisions of the Central Act in various areas........., granting approval for starting new technic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in clause 9(7) of the Kerala University First Statute. It reads as follows : (9) Grant of affiliation : (1)..................... (3)..................... (7) After considering the report of the Commission and the report of the local inquiry, if any, and after making such further inquiry as it may deem necessary, the Syndicate shall decide, after ascer-taining the view of the Government also, whether the affiliation be granted or refused, either in whole or part. In case affiliation is granted, the fact shall be reported to the Senate at its next meet-ing : It will be noticed that clause 9(7) of the statute required that before the University took a decision on affiliation , it had to ascertain the views of the State Government. The reference to the Commission in the above clause 9(7) is to the Commission of Inspection appointed by the University. Sub-clause (1) of clause (9) of the statute required verification of the facilities that may exist for starting the new colleges/course . The Commission was to inspect the site, verify the title deeds as regards the proprietary right of the management over the land (and buildings, if any) offered, buildin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Government. Thus we hold, in the present case that there was no statutory require-ment for obtaining the approval of the State Government and even if there was one, it would have been repugnant to the AICTE Act. The University statute 9(7) merely required that the 'views' of the State Government be obtained before granting affiliation and this did not amount to obtaining 'approval'. If the University statute required 'approval', it would have been repugnant to the AICTE Act. Point 1 is decided accordingly. Point 2 : Factual position and pleadings in this case : On facts, the position was that the AICTE had granted approval on 30.4.95 expressly stating that this was on consideration of the observations made by the Expert Committee and the recommendations made by the Central Regional Committee, State Level Committee, Central Task Force as per the provisions of AICTE Regulations dated 31.10.94 . The AICTE had granted condition approval and the conditions were specified in Annexure I to the order and the general conditions were enlisted in Annexure II. The State Government was directed by the AICTE to announce admission in accordance with Regulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this year . These are stated to be the reasons for the government's rejection by letter dated 16.8.96. State Government's refusal to grant permission is illegal and void on merits : As already stated, in view of the judgment of this Court in Tamil Nadu case, it is obvious that there is no need to approach the State of Kerala for its approval for starting the Engineering colleges. There is no power vested in the State under any State Law to grant approval and even if it was so vested, it would have been void in view of Tamil Nadu case. This ground of repugnancy alone would be sufficient to quash the State Government's letter dated 16.8.1996 refusing to give their approval. Even on merits, the reasons given by the State Government in its counter are not tenable in law. The Director of Technical Education of the State was a member of the State Level Committee as per regulation 9(4) of the AICTE Regulations. The Secretary, Technical Education of the State of Kerala was also a member of that Committee. The AICTE's approval dated 30.4.95 showed that the approval had been given by the State Level Com-mittee of which they were obviously members. It is, therefore, not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TE, to enable the latter to take appropriate action. Decision of University in not granting further or fined affiliation wrong on merits : Admittedly, the University's inspection report was in favour of the appellant. This is clear from the appellant's letter dated 31.5.95 to the State Government. The only requirement as per the statute 9(7) was for the University to obtain the views of the State Government. Obtaining the 'views' of the State Government, as already stated, did not amount to obtaining its 'approval'. Procedure and conditions for affiliation could not be inconsistent with the provisions of the Central Act, in particular section 10(k) of the Regulation, and the University could not seek approval of Government. The University was also one of the agencies consulted by the council of the AICTE under Regulation 8. Once that was over, and approval was granted by the AICTE, if there was any default on the part of the College in compliance with the conditions of approval, the only remedy for the Univer-sity was to bring those facts to the notice of the AICTE so that the latter could take appropriate action. Reliance for the respondent was p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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