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TMI Blog2012 (12) TMI 1088X X X X Extracts X X X X X X X X Extracts X X X X ..... y community trust in the year 1993. One of its objects was to establish educational institutions. Consequently, it established the Parshavanath College, after obtaining approval of all the concerned authorities on 11th June, 1994 with the intake capacity of 140 students for academic year 1994-95. This college was running at the premises being Survey No.27 (part) at Kasarvadavali, Ghodbunder Road in the district of Thane. The annual approvals by the All India Council for Technical Education (for short, the AICTE ) continued till the year 2008. On 29th April, 2008, the appellant sought a No Objection Certificate from the University of Mumbai. It also applied for an occupation certificate from the Municipal Corporation of Bombay for shifting the college to new premises located at a distance of barely 300 meters from the old site being Survey No. 12/1, 2, 4, 13/8, 9, 10A and 13/10B. In furtherance to this, the appellant had made an application dated 24th May, 2008 to the Regional Office of the AICTE seeking its permission to shift the college to the new premises and also submitted all the requisite documents. The appellant had also written to the Directorate of Technical Education ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd if it desires to shift to another site, it has to follow the complete procedure as per the norms of AICTE. The show cause notice reads as under:- Your institutions i.e. PARSHWANATH COLLEGE OF ENGINEERING and VEER MATA HIRABEN P. SHAH COLLEGE OF PHARMACY are approved by AICTE for running engineering and pharmacy course at GODBHUNDER ROAD, KASAR VADAVALI 400601 DIST. THANE as per our records as a permanent site. As per AICTE norms, the institute has to run the courses in the approved site only. In any case, if the institute wants to shift the institute to another location, due process has to be followed as per AICTE norms to get AICTE approval for shifting. However, it was found that you have shifted your Engineering And Pharmacy institutions to another location without obtaining approval from AICTE, which is gross violation of AICTE norms. In the above circumstances, you are requested to show-cause as to why disciplinary action should not be initiated including withdrawal of approval or reducing your intake/stop admission. Your reply should reach AICTE headquarters and Regional Office within three working days. 10. To this, the appellant Trust submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tely instruct the concerned persons to place the name of the petitioner-engineering college on the website of the centralised online admission process today itself. 12. It needs to be noticed at this stage that during the proceedings before the Division Bench, the Municipal Corporation of Thane had stated that Occupancy Certificate had not been granted to the appellant-college; however, reason thereof could not be brought to the notice of the Court at that stage because of shortage of time. In the meanwhile, certain disputes also arose among the management of the appellant-Trust. 13. Subsequent to the above order of the High Court, on 7th January, 2011, the AICTE passed an order withdrawing the approval granted to the appellant-college in terms of Clause 2.11 of the Approval Process Handbook and the Guidelines for the academic year 2008-2009 and the terms and conditions mentioned in the Letter of Approval. The basis for withdrawing the approval was shifting of the college to the new location without Occupancy Certificate, without informing the State Government and without obtaining the requisite permission from the AICTE as per regulations. The Expert Committee had also no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he land documents are in vernacular language, Notarized English translation of the document must to be produced. Land use Certificate/Land Conversion Certificate for the new site allowing the land to be used for educational purpose, from the Competent Authority along with Topo-sketch/Village Map indicating land Survey Nos. and a copy of city map showing location of proposal site of the institution. Site Plan, Building Plan for the new site prepared by a registered Architect and duly approved by the Competent Plan Sanctioning Authority designated by the concerned State. Proof of completion of the building structure at the new site as per approved Engineering Architectural Building Plan, in the form of Color photographs giving External and Internal views. An undertaking by the Institution stating that the changes shall not affect the admission procedure and the fee that a student has to pay. (emphasis supplied) 15. While noticing the above Clauses, the High Court proceeded on the admitted position that the appellant-college had shifted to the new site without the necessary permission and further it had no ownership to the land in question at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the students studying in the college including those studying in pursuance of the interim orders passed by the same High Court. 19. We allow this application and, in fact, the affected appellant- students have been heard along with parties in the main appeal. Thus, as already noticed, we would dispose of both these appeals by this common judgment. 20. Before we dwell upon the merit or otherwise of the contentions raised, it is necessary for us to notice certain settled legal principles which would help in judicious disposal of these appeals. 21. The provisions of the All India Council for Technical Education Act, 1987 (for short the AICTE Act ) are intended to improve the technical education system throughout the country. The various authorities under the AICTE Act have been given exclusive responsibility to coordinate and determine the standards of higher education. It is a general power given to evaluate, harmonise and secure proper relationship to any project of national importance. Such coordinated action in higher education with proper standard is of paramount importance to national progress. 22. The provisions of the AICTE Act, including its preamble, make it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the University Grants Commission Act, 1956 in juxtaposition, will show that the role of AICTE vis- -vis the universities is only advisory, recommendatory and one of providing guidance, thereby subserving the cause of maintaining appropriate standards and qualitative norms and not as an authority empowered to issue and enforce any sanctions by itself. Reference can be made to the judgments of this Court in the case of Adarsh Shiksha Mahavidyalaya v. Subhash Rahangdale [(2012) 2 SCC 425], State of Tamil Nadu v. Adhiyaman Educational Research Institute [(1995) 4 SCC 104] and Bharathidasan University v. All India Council for Technical Education [(2001) 8 SCC 676]. 25. From the above principles, it is clear that the AICTE has varied functions and powers under the AICTE Act. It is a specialized body constituted for the purpose of bringing uniformity in technical education all over the country and to ensure that the institutions which are recognised by the AICTE are possessed of complete infrastructure, staff and other facilities and are capable of maintaining education standards for imparting technical education. 26. It is not necessary for us to refer to various provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the State Governments and the universities concerned. The State-Level Committee and the Central Regional Committees contained various experts and State representatives. In case of difference of opinion as between the various consultees, AICTE would have to go by the views of the Central Task Force. These were sufficient safeguards for ascertaining the views of the State Governments and the universities. No doubt the question of affiliation was a different matter and was not covered by the Central Act but in T.N. case it was held that the University could not impose any conditions inconsistent 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. 23. Thus we hold, in the present case that there was no statutory requirement 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) mere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act shall take precedence in the matters which are covered by such legislation and the State enactments shall pave way for such legislations to the extent they are in conflict or repugnant. As per the established canons of law, primacy of the Central Act is undisputable which necessarily implies primacy of AICTE in the field of technical education. Statutes like the present one as well as the National Council for Teachers Education Act, 1993, the Medical Council of India Act, 1956, etc. fall within the ambit of this canon of law. The AICTE is the authority constituted under the Central Act with the responsibility of maintaining operational standards and judging the infrastructure and facilities available for imparting professional education. It shall take precedence over the opinion of the State as well as that of the University. The concerned department of the State and the affiliating university have a role to play, but it is limited in its application. They cannot lay down any guidelines or policies in conflict with the Central statute or the standards laid down by the Central body. The State can frame its policies, but such policy again has to be in conformity with the directi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ational institutions and the departments controlling them. 18. This is a classic case where an educational course has been created and continued merely by the fiat of the court, without any prior statutory or academic evaluation or assessment or acceptance. Granting approval for a new course or programme requires examination of various academic/technical facets which can only be done by an expert body like AICTE. This function cannot obviously be taken over or discharged by courts. In this case, for example, by a mandamus of the court, a bridge course was permitted for four year Advance Diploma holders who had passed the entry level examination of 10+2 with PCM subjects. Thereafter, by another mandamus in another case, what was a one time measure was extended for several years and was also extended to Post Diploma holders. Again by another mandamus, it was extended to those who had passed only 10+1 examination. Each direction was obviously intended to give relief to students who wanted to better their career prospects, purely as an ad hoc measure. But together they lead to an unintended dilution of educational standards, adversely affecting the standards and quality of engin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Expert Committee. They, inter alia, related to some disputes within the management of the Trust, failure to obtain NOC from the State Government, Occupancy Certificate from the Municipal Corporation, Thane and NOC from the University of Mumbai, omission to seek/obtain the approval of AICTE and finally shifting to the new premises despite such non-compliance. 31. We have already noticed that the compliance with the conditions for approval as well as regulations and provisions of the AICTE Act is an unexceptionable condition. Clause 9.22 of the Handbook of Approval Process issued by the AICTE provides a complete procedure for change of location, station and the same is permissible subject to compliance with the procedure. It contemplates obtaining of No Objection Certificate from the concerned State Government or UT Administration and affiliating body. The same clause also requires submission of the land documents in original and clearly provides that the same may be a registered sale deed, irrevocable government lease for a minimum period of 30 years, etc. by the concerned authority of the Government. Further, it provides that site plan, building plan for new site should be pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oever to extend this date. We have already noticed various judgments of this Court stating that the Court is required to strictly construe and comply with the schedule for admission. Even on that count, the appellant would not be entitled to any other relief. 36. Another argument raised before us is that the appellant-college had applied for shifting of the college to the new premises on 24th May, 2008, but even after a lapse of two years, the AICTE had not finally disposed of said request. 37. The college had shifted to the new premises without requisite permission/approval and still permission was granted for the two years, i.e., 2008-09 and 2009-10 and the show cause notice was issued only on 18th May, 2010. We have no hesitation in observing that the AICTE is evidentiary at fault and it ought not to have granted any approval for the academic years 2008-09 and 2009-10. There has been definite slackness and irresponsibility in functioning on the part of the AICTE. The approval itself was issued by the Regional Committee when the application for transfer was pending with the AICTE itself. It is a matter of regret that as a result of such approval granted by the AICTE, the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e can result in serious consequences and can jeopardize not only the interest of the college students but also the maintenance of proper standards of technical education. The authorities concerned, particularly the AICTE, should ensure proper and timely action upon the applications submitted to it. It must respond to the applicant within a reasonable time period and should not let the matter drag till the final date giving rise to avoidable speculations by all stakeholders. Thus, it would be appropriate for these authorities to bring to the knowledge of the parties concerned, the deficiencies, if any, and the defects pointed out by the Expert Committee during the inspection within three weeks from the date of such inspection or pointing out of defects, as the case may be. For better administration, the AICTE should also state the time within which such deficiencies/defects should be removed by the applicant. This will help in building of a coherent and disciplined method of working to ensure the proper implementation of the entire formulated scheme of technical education. The AICTE will not have any jurisdiction or authority to issue approval for commencement of a new course or for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urse exercised. The Schedule for admission for the coming academic year, i.e., 2013-2014 has been submitted to the Court after the matter was reserved for judgment. The said Schedule reads as under : |Event |Schedule | |Conduct of Entrance Examination |In the month of May | |(AIEEE/State CET/ Mgt. quota | | |exams etc.) | | |Declaration of Result of |On or before 5th | |Qualifying Examination (12th |June | |Exam or similar) and Entrance | | |Examination | | |1st round of counselling/ |To be completed on | |admission for allotment of seats|or before 30th June | |2nd round counselling for |To be completed on | |allotment of seats |or before 10th July | |Last round of counselling for |To be completed on | |allotment of seats |or before 20th July | |Last date for admitting |30th July. | |candidates in seats other than |However, any number | |allotted above |of rounds for | | |counselling could be| | |conducted depending | | |on local | | |requirements, but | | |all the rounds shall| | |be completed before | | |30th July | |Commencement of academic session|1st August | |Last date upto which students |30th August | |can be admitted against | | |vacancies arising due to any | | |reaso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lotted above |of rounds for | | |counselling could be| | |conducted depending | | |on local | | |requirements, but | | |all the rounds shall| | |be completed before | | |30th July | |Commencement of academic session|1st August | |Last date upto which students |15th August | |can be admitted against | | |vacancies arising due to any | | |reason (no student should be | | |admitted in any institution | | |after the last date under any | | |quota) | | |Last date of granting or |10th April | |refusing approval by AICTE | | |Last date of granting or |15th May | |refusing approval by University | | |/ State Govt. | | 44. The admission to academic courses should start, as proposed, by 1st August of the relevant year. The seats remaining vacant should again be duly notified and advertised. All seats should be filled positively by 15th August after which there shall be no admission, whatever be the reason or ground. 45. We find that the above Schedule is in conformity with the affiliation/recognition schedule afore-noticed. They both can co-exist. Thus, we approve these admission dates and declare it to be the law which shall be strictly adhered to by all concerned and none of the aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rent erroneous approach and default which can be for anything but bona fide reasons. Thus, we impose costs of ₹ 50,000/- upon the AICTE for such irresponsible working. The costs would be payable to the Supreme Court Legal Services Committee and would be recovered from the salary of the erring officials/officers involved in this erroneous approach. The recovery shall be effected in accordance with law. 48. For the reasons afore-recorded, we find no merit in both the appeals afore-referred. While dismissing these appeals, we issue the following directions : (i) Both grant/refusal of approval and admission schedule, as aforestated, shall be strictly adhered to by all the authorities concerned including the AICTE, University, State Government and any other authority directly or indirectly connected with the grant of approval and admission. (ii) No person or authority shall have the power or jurisdiction to vary the Schedule prescribed hereinabove. (iii) While dealing with the application for grant of approval to new colleges or additional seats, the AICTE shall inform the applicant within three weeks from the date of receipt of its application or date of inspe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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