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Andhra Pradesh High Court
Judges : S.S.HUSSAINI, U.C.BENERJEE
Government Of A.P., PRINCIPAL SECRETARY, HIGHER EDUCATION DEPT.HYDERABAD - Appellant
Versus
J.B.EDUCATIONAL SOCIETY, HYDERABAD - Respondent
Decided On : 04-28-98
All India Council for Technical Education Act, 1987 - Sections 10,10(1) (a) - the Andhra Pradesh Education (Amendment) Act, 1987 - Sections 20, 20(1)(3) -REGULATIONS of 1984 - Regulations 8(4),8(6),8 (8),8(9),9(2),9(4) and 9(5) - Constitution Of India,1950 - Articles 246,254 and 372 - Directing Convenor (EAMCET-1997 - Engineering Admissions) to allot candidates to respondents-writ petitioners-Institutions forthwith in accordance with Rules for Academic year subject to grant of affiliation by concerned University - Permit or reject application for establishment of Private engineering Colleges - terms and conditions laid down under provisions of Central Act for establishing Engineering colleges and imparting education in different disciplines or courses and also the State Act. Though approval was granted for Academic year 1997-98 by All India Council for Technical Examination as per the norms and standards to respondents-writ petitioners in above appeals respectively but State Government exercising its powers under state Act did not grant permission. - Whether provisions under Section 20 (2), (3) (a) (i) and (4) of state Act enacted under Entry 25 of List III to vii Schedule of Constitution are repugnant to Section 10 (1) (a) of Central Act enacted under Entry 66 of List I (Union List) to vii Schedule of Constitution and Regulations framed under Act? (2) Whether State Government has legislative competence to refuse/ withhold permission for establishing Private Engineering Colleges in covered Revenue Divisions as per State Government’s policy after Council grants approval? (3) Whether permission of State Government is necessary for establishment of Private Engineering Colleges under the provisions of State Act?- Held, State Government or its nominees dealing with Technical Education, have effective participation in entire process of decision making by Council as their objections/ recommendations are considered at State Level Committee at stage of scrutiny of applications - Upon recommendations considered by state Level Committee, final approval is granted by Council for establishing Private Engineering Colleges. - We may now examine provisions of State Act: Sec. 20 permission for establishment of educational institutions Under Section 20 (2) any Educational agency including local authority or registered body of persons intending to establish an Institution imparting education has to file an application with in such period in such manner and to such authority as may be notified for grant of permission - Section 20 (3) (a) states that any educational agency applying for permission under sub-section (2) shall before permission is granted satisfy authority concerned - Court have held that Sec. 20 (3) (a) (i)of State Act is repugnant to Section 10 (1) (a) of Central Act and regulations framed thereunder Court hold that State Government has no legislative competence to refuse/withhold permission for establishing Private engineering Colleges in covered Revenue Divisions as per State government’s policy after Council grants approval. – Court may examine relevant provisions under State Act viz. 20 (2) (a) and (4) : sec. 20 "permission for establishment of educational institutions" states that State Government s permission is necessary. Section 20 (2) states that any educational agency including local authority or registered body of persons intending (a) to establish institutions imparting education may make an application within such period in such manner and to such authority as may be notified for grant of permission thereof - (4) states that on and from commencement of Andhra Pradesh education Act no educational institution shall be established except in accordance with provisions of this Act - Court are of the opinion that vast powers conferred upon Council by section 10 including those specified above do extend to and entitle it to issue an order to the above effect - It can also say that even in existing institutions no new course faculty or class shall be opened except with its approval - It can also pass appropriate directions to existing institutions as well for achieving purposes of Act - Such an order may indeed be necessary for proper discharge of wide ranging functions conferred upon Council - Court had referred to A. P. Education Act,1982 as well which provides that no educational institution shall be established in State except with permission of competent authority" - Writ Appeals allowed
( 1 ) THESE three writ appeals arise against the common judgment of the learned single Judge, dated 4-12-1997 allowing the Writ Petition Nos. 27598/1997, 27612/1997 and 27617/1997, holding that Section 20 of the A. P. Education Act, 1982 (hereinafter referred to as "state Act") insofar it relates to establishment of Technical Institutions viz. , Engineering Colleges and other connected matters, as it overlaps and repugnant to Section 10 of the All India Council for Technical Education Act, 1987 (hereinafter referred to as "central Act ) and the Regulations framed thereunder; as such void and unenforceable, and directing the Convenor (EAMCET-1997 - Engineering Admissions) to allot the candidates to the respondents-writ petitioners-Institutions forthwith in accordance with the Rules for the Academic year 1997-98 subject to grant of affiliation by the concerned University.
( 2 ) THE factual matrix of the case in the above appeals is that respondents-writ petitioners have applied, after fulfilling the terms and conditions laid down under the provisions of the Central Act for establishing Engineering colleges and imparting education in different disciplines or courses and also the State Act. Though approval was granted for the Academic year 1997-98 by the All India Council for Technical Examination (sic. Education) (hereinafter referred to as "council") as per the norms and standards on 29-5-1997, 22-9-1997 and 26-9-1997 to the respondents-writ petitioners in the above appeals respectively; but the State Government exercising its powers under state Act did not grant permission.
( 3 ) THE learned Advocate General appearing for State submits that both the Acts viz. the Central Act and the State Act travel in different directions and they cover different areas and there is no repugnancy with the provisions of these two Acts. The Council is entitled to grant approval in accordance with the Central Act; but it does not mean that the State Government is bereft of its powers either to permit or reject the application for establishment of Private engineering Colleges under Section 20 of the State Act. Therefore, he submits that in spite of the approval having been granted by the Council for establishment of Private Engineering Colleges to the respondent-writ petitioners, it is still open for the State Government to refuse the permission on the basis of the policy decision taken by it that no permission should be granted to establish Private Engineering College in the covered area of Revenue division in the interests of integrated and uniform development of the State. The provisions of the Central Act and the Regulations and Rules framed thereunder, do not prevail over the provisions of Section 20 of the State Act. The question of repugnancy is applicable to the provisions of enactment or statute and not for the delegated legislation.
( 4 ) HE has drawn our attention to the Statement of Objects and reasons of the Central Act and submitted that its main purpose is for co-ordinated development of the Technical Education system throughout the country and that does not imply that the provisions of the Central Act prevail over the state Act, for their fields of operation are different. The State Act deals with the laws relating to the Educational system in the State for reforming, organizing and developing the said Educational system and to provide for matters connected therewith or incidental thereto. Under Section 20 of the state Act, the competent authorities from time to time have to conduct a survey, as to identify the educational needs of the areas under its jurisdiction and before the permission is granted, they have to satisfy the authority that there is a need for private educational facilities to the people in the area, that there is adequate financial provision for continued efficient maintenance of the institution as prescribed by the competent authority and for other requirements as per Section 20 (1) an
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