B. K. SOMASEKHARA, J.

( 1 ) THESE matters involving common questions of facts and law are heard together and being disposed of with this common judgment.

( 2 ) NOTWITHSTANDING each case seeking reliefs by the petitioners, W. P. No. 19652/96 being the Public Interest Litigation (PIL) involving same important questions the determination of which having bearing on the results of the other cases, is being taken up initially. With the representation of several advocates for the parties on both the sides, the stipulated grounds in the respective cases in the form of contentions, counter-contentions, and the rejoinders were, with all learning, presented by Mr. M. V. S. Suresh Kumar, mr. Satyanarayana Prasad, Mr. B. Sudhakar Reddy, Mr. R. Subhash Reddy and Mr. Raghunandan for the petitioners and Mr. H. S. Gururaja Rao for 1st respondent, Mr. K. Ramakantha Reddy, Mr. I. Dakshinamurthy, Mr. B. Nalini kumar, Mr. C. Malla Reddy, Mr. A Gopal Rao, Mr. C. V. Mohan Reddy, Mr. V. Rajagopal, Mr. P. Kamalakar, Mr. M. Subramanyam Kurella, Mr, Innayya reddy, Mr. K. Ramakanth Reddy, G. P. for Higher Education, Mr. T. S. Harinath and the learned Advocate General.

( 3 ) HAVING heard the learned Advocates above, and with the pleadings and the material papers forming the basis of these cases, we have proposed to consider and determine the following questions:1. Whether the petition (W. P. No. 19652/96) involves public interest (PIL) and maintainable as PIL?2. (a) Whether the All India Council for Technical Education Act, 1987 (in short, AICTEA) is constitutionally valid? (b) Whether it conflicts with the provisions of University Grants commission Act, 1956 (Act 3 of 1956), (in short UGC Act)? (c) Whether it conflicts with Andhra Pradesh Universities Act, 1991 (in short, APU Act)?3. (a) Whether 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 (in short, the regulations) are framed by the Council with the powers under sub-sec. (1) of Sec. 23 of AICTEA? (b) (i) Whether the Council has powers to frame regulations? (ii) If so, whether they have force of law? (c) Whether they are inconsistent or repugnant to any of the provisions of AICTEA? (d) In particular, whether the Regulation No. 4 conflicts with the object and purpose of AICTEA? (e) Whether the Regulations are repugnant to the autonomy of universities under the A. P. Universities Act. If so, to what extent?4. Whether the approval of the Council under AICTEA is necessary (i) for starting new technical institutions; (ii) introduction of new courses or programmes by all the institutions, colleges and authorities including the Universities?5. Whether the Council has powers to provide the guidelines for the admission of students to the technical institutions and universities imparting technical education? If so, whether they are binding on such institutions and Universities?6. (a) Whether the Council has powers to frame regulations? (b) If so, whether they have force of law (c) Whether they are inconsistent or repugnant to any of the provisions of AICTEA?7. Whether the approval of the Council is necessary, (a) to start, (i) Technical Institutions? (ii) University Technical Department? (b) to introduce any course or programme (i) by any Technical Institution (ii) by Universities or deemed Universities (iii) by University Department, or (iv) by the College (v) by the Government (vi) by any agency or College (c) to continue to admit students for degree or diploma course or programmes by any (i) Technical Institution (ii) University (iii) deemed University (iv) University Department (v) Government (vi) any agency or the College (d) To increase or vary the approval regarding the intake capacity of seats;8. (a) Whether the approval of the Council is necessary as a condition precedent for affiliation of Technical Institutions, Colleges