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Karnataka High Court
MAHATHMA GANDHI VIDYA PEETHA TRUST - Appellant
Versus
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, new DELHI - Respondent
Decided On : 10-05-05
Writ Petition : 20280 of 2005
Cases Referred: Referred: (1995) 4 SCC 104; (1987) 3 SCC 82; AIR 2005 SC 666.
INTERPRETATION OF STATUTES - Preamble - Preamble -What it expresses. - [Abdul Nazeer, J]: . The preamble to the statute is an admissible aid to construction. The preamble is expected to express the scope, object and purpose of the Act.
Cases Referred: Referred: (1995) 4 SCC 104; (1987) 3 SCC 82; AIR 2005 SC 666.
Powers of Council
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987 - Section 10 -Powers of Council -Excess admissions made by institution in the current academic year -Council has power to reduce intake in the next academic year, which power is incidental to general statutory power conferred on it.
[Abdul Nazeer, J]: The preamble to the Act read with Section 10 makes it clear that the Act has conferred broad powers on the Council to maintain standards in technical and management education. The Act empowers the Council to provide guidelines for admission of students to technical institutions and universities imparting technical education and also to take all necessary steps to prevent commercialisation of technical education. This Court is of the view that conferment of general statutory power carries with it the incidental and ancillary powers such as reduction of intake in future academic years to off-set the effect of excess admission made in the previous academic year.
Cases Referred: (1995) 4 SCC 104; (1987) 3 SCC 82; AIR 2005 SC 666.
Doctrine of statutory power
ADMINISTRATIVE LAW - Doctrine of statutory power -Scope.
[Abdul Nazeer, J]: It is well established that a statutory power will be construed as impliedly authorising everything which can fairly be regarded as incidental or consequential to the power itself and Doctrine is not applied narrowly.
Cases Referred: Referred: (1995) 4 SCC 104; (1987) 3 SCC 82; AIR 2005 SC 666.
EDUCATION - Excess admissions under management quota - Excess admissions made under management quota -Effect on next acdemic year. Settled Principles: If any private medical college in a given academic year for any reason grants admission in its management quota in excess of its prescribed quota, the management quota for the next academic year shall stand reduced so as to set off the effect or excess admission in the management quota in the previous academic year (AIR 2005 SCC 666).
Cases Referred: Referred: (1995) 4 SCC 104; (1987) 3 SCC 82; AIR 2005 SC 666.
Preamble
INTERPRETATION OF STATUES
Preamble -What it expresses.
[Abdul Nazeer, J]: . The preamble to the statute is an admissible aid to construction. The preamble is expected to express the scope, object and purpose of the Act.
Cases Referred: (1995) 4 SCC 104; (1987) 3 SCC 82; AIR 2005 SC 666.
Powers of All India Council for Technical Education
EDUCATION
Powers of All India Council for Technical Education - Excess admissions made by institution in the current academic year -Council has power to reduce intake in the next academic year, which power is incidental to general statutory power conferred on it.
[Abdul Nazeer, J]: The preamble to the Act read with Section 10 makes it clear that the Act has conferred broad powers on the Council to maintain standards in technical and management education. The Act empowers the Council to provide guidelines for admission of students to technical institutions and universities imparting technical education and also to take all necessary steps to prevent commercialisation of technical education. This Court is of the view that conferment of general statutory power carries with it the incidental and ancillary powers such as reduction of intake in future academic years to off-set the effect of excess admission made in the previous academic year.
Excess admissions under management quota
EDUCATION
Excess admissions made under management quota -Effect on next acdemic year. Settled Principles: If any private medical college in a given academic year for any reason grants admission in its management quota in excess of its prescribed quota, the management quota for the next academic year shall stand reduced so as to set off the effect or excess admission in the management quota in the previous academic year (AIR 2005 SCC 666).
Cases Referred: (1995) 4 SCC 104; (1987) 3 SCC 82; AIR 2005 SC 666.
All India Council for Technical Education Act, 1987 - Section 10 - Powers of Council - Section 10 -Powers of Council -Excess admissions made by institution in the current academic year -Council has power to reduce intake in the next academic year, which power is incidental to general statutory power conferred on it. [Abdul Nazeer, J]: The preamble to the Act read with Section 10 makes it clear that the Act has conferred broad powers on the Council to maintain standards in technical and management education. The Act empowers the Council to provide guidelines for admission of students to technical institutions and universities imparting technical education and also to take all necessary steps to prevent commercialisation of technical education. This Court is of the view that conferment of general statutory power carries with it the incidental and ancillary powers such as reduction of intake in future academic years to off-set the effect of excess admission made in the previous academic year.
Cases Referred: (1995) 4 SCC 104; (1987) 3 SCC 82; AIR 2005 SC 666.
( 2 ) THE annual intake of the 2nd petitioner-college was fixed by the aicte at 730 in the undergraduate level courses for the academic year 1979-80 and onwards in various disciplines. By a communication dated 30-4-2003, AICTE reduced the annual intake of the college for the academic year 2003-2004 to 600. The college has sent a letter dated 23-5-2003 to the AICTE seeking restoration of the intake. Challenging the fixation of the intake, the petitioners filed a writ petition before this court in W. P. No. 25952 of 2003 for a mandamus, directing the AICTE to withdraw the said communication insofar as it sought to reduce the intake in the college and restore the existing annual intake. This Court granted an interim order of stay of the communication dated 30-4-2003. The writ petition was disposed of on 9-6-2003 by directing the AICTE to treat the communication of the college dated 23-5-2005 as an appeal and to dispose of the same in accordance with law. Until the appeal is disposed of the interim order granted earlier was maintained. The aicte did not entertain the appeal of the college and the intake was maintained at 600 as per the communication dated 12-6-2003. The aicte passed a revised order dated 12-6-2003 fixing the annual intake at 600 for the academic year 2003-2004. The petitioners challenged both the orders in W. P. No. 30900 of 2003. An interim order was passed in the writ petition on 6-8-2003. In a subsequent interim order dated 8-10- 2003, this Court observed that the college is entitled to admit 730 students in various disciplines for the academic year 2001-2003. The aicte by a communication dated 14-5-2005 restored the intake of the petitioners institution at 730 for the academic year 2004-2005. The petitioner withdrew the said writ petition on 18-1-2005 on the ground that the intake was restored to 730. However, it was made clear in the said order that for the year 2003-2004 the intake at 730 was not restored. The order in the said writ petition is as follows. "the Counsel for the petitioner has filed memo stating that by a communication AICTE has restored the intake to the petitioner's institutions. Therefore, prayed for disposal of the writ petition as it is unnecessary. 2. Sri N. B. Bhat, learned Counsel appearing for respondents 1 to 2 also submits that, the AICTE has fixed the intake of the petitioner for the year 2004-2005 but not restored for the year 2003-04. Submission is placed on record. 3. In view of the said communication fixing the intake for the institution in question, it is unnecessary to decide the issue in this writ petition. 4. The writ petition is dismissed as prayed in the Memo".
( 3 ) AS noticed above, the petitioner had made admission of 130 students in excess of the intake capacity for the academic year 2003-2004 which was in violation of the intake fixed by the AICTE. Therefore, AICTE by its communication dated 4-8-2005 (Annexure-A) informed the college that it had made excess admission of 130 for the academic year 2003-04. It gave an option to the college to pay a penalty of 20% of the total course fee per student multiplied by total number of excess admissions. This Court granted an interim order of stay of annexure-A on 22-8-2005. The AICTE has sent a communication as per annexure-Q on 15-8-2005 reducing the intake for the academic year 2005-2006 by 46 seats.
( 4 ) THE AIC
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