Important Point Law expects a rational perception, logical approach and a studied and well-deliberated decision from authorities.

Headnote:(A) Constitution of India—Article 51-A—Role of education—Education is spine of any civilized society—Formal education has its own significance for it depends upon systemic imparting of learning regard being had to syllabus prescribed for the course and further allowing space for cultivation by individual endeavour—Sacrosanctity of formal education gains more importance in field of technical studies because theory, practical training and application in field cumulatively operate to make a student an asset to country and in a way enables him to achieve excellence as contemplated under Article 51A of Constitution—Natural corollary, in ultimate eventuate, is acceleration of growth of nation. (Para 1)
       (B) All India Council for Technical Education Act, 1987—Sections 10 and 11—All India Council For Technical Education (Grant of Approval for Starting New Technical Institutions, Introduction of Courses or Programmes and Approval of Intake Capacity of Seats for the Courses or Programmes) Regulations, 1994—Regulation 8(15)—Teachers Training Education—Role of AICTE—Problem occurs every year, for despite days for counselling are fixed, adequate number of students are not called for counselling as a result of which many students who have cleared CET do not get opportunity to undertake counselling and eventually admission does not take place—University cannot behave like alien to national interest—Blame game has been going on by educational institutions on one hand and AICTE and University on the other and on certain occasions between AICTE and University—All of them function in field of education—Such kind of cavil and narrowness is likely to create a concavity in educational culture of country—Law expects a rational perception, logical approach and a studied and well-deliberated decision from authorities—Concerted effort has to be made by AICTE and University to avoid recurrence of this kind of piquant and agonising situations—Authorities who are Incharge of giving approval, preparing syllabus, imparting education and carrying on such other activities, are required to behave with responsibility—Lack of concern is only indicative of beginning of destruction—That cannot be allowed to occur—AAICTE and University cautioned to see to it that things are done on time following fixed time schedule—Directions issued. (Paras 27 to 29)
       Facts of case—Present batch of writ petitions pertains to counselling and admission in certain categories of courses which are approved and controlled from many a spectrum regard being had to sustenance of standard in education by All India Council for Technical Education. Controversy involved in this batch of cases has a past. In all these cases, Court is concerned with adherence to schedule pertaining to approval by AICTE, counselling and admission by authorities of the University. That being centripodal issue.
       Findings of Court—In a State of good governance, a problem is taken note of so that appropriate and timely steps are taken to avoid any recurrence. The authorities who are Incharge of giving approval, preparing syllabus, imparting education and carrying on such other activities, are required to behave with responsibility. Lack of concern is only indicative of the beginning of destruction. That cannot be allowed to occur. Avoidance of unpleasant litigation is a progressive step in a civilized society governed by rule of law.
       Result Writ Petitions disposed of with directions.

JUDGMENT

Dipak Misra, J.

Education is the spine of any civilised society. Formal education has its own significance, for it depends upon systemic imparting of learning regard being had to the syllabus prescribed for the course and further allowing space for cultivation by individual endeavour. The sacrosanctity of formal education gains more importance in the field of technical studies because theory, practical training and application in the field cumulatively operate to make a student an asset to the country and, in a way, enables him to achieve excellence as contemplated under Article 51A of the Constitution. The natural corollary, in the ultimate eventuate, is the acceleration of the growth of the nation. But, a pregnant one, when an attitude of apathy or lackadaisical propensity or proclivity of procrastination of the statutory authorities creeps in as a consequence of which the time schedule meant for approval of the educational institutions and commencement of the courses is not adhered to, a feeling of devouring darkness seems to reign supreme as if “things fall apart”. There is a feeling of discomfiture - how to find out a solvation to the agonizing problem in exercise of the jurisdiction under Article 32 of the Constitution of India, for there are some compelling reasons to do so to protect the national interest as well as not to scuttle the aspirations of young students or to comatose their hopes stating that all cannot be well in the State of Denmark and there should not be a Sisyphean endeavour. We are constrained to commence with such a prologue as the present batch of writ petitions pertains to counselling and admission in certain categories of courses which are approved and controlled from many a spectrum regard being had to the sustenance of standard in education by the All India Council for Technical Education (for brevity, “AICTE”), and also some categories of courses which are directly governed by the statutes and regulations of the University, namely, Guru Gobind Singh Indraprastha University (hereinafter referred to as “the University”) in the backdrop of extension of time schedule fixed by this Court in respect of technical courses.

2. The controversy involved in this batch of cases has a past, which requires to be exposited with requisite respect for chronology. We have already indicated at the beginning that in all these cases, we are concerned with the adherence to schedule pertaining to approval by AICTE, counselling and admission by the authorities of the University. That being the centripodal issue, our advertence shall remain restricted to the said arena. At this juncture, we may state that at the appropriate stage, we shall refer to some necessitous facts from W.P.(C) No. 853/2014.

3. We are obligated to sit in a time machine to appreciate how the schedule was fixed by the AICTE under the All India Council for Technical Education Act, 1987 (for brevity, “the 1987 Act) and the Regulations framed thereunder and how the said schedule was appositely re-fixed by this Court in Parshvanath Charitable Trust Vs. All India Council for Technical Education, (2013) 3 SCC 385. In the said decision, a two-Judge Bench scanning the anatomy of the 1987 Act, observed thus:

“17. 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 the national progress.

18. The provisions of the AICTE Act, including its Preamble, make it abundantly clear that AICTE has been established under the Act for coordinated and integrated development of the te

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Important Point Law expects a rational perception, logical approach and a studied and well-deliberated decision from authorities.

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