R. Jayasimha Babu, J.

The appellants and the writ petitioners are Arts and Science Colleges or Associations of Arts and Science Colleges. Most of them are affiliated to Bharathidasan University and some of them are affiliated to Manonmaniam Sundaranar University. They are the only colleges in the State running MCA course who have so far not obtained the approval of the All India Council for Technical Education (AICTE). They are before this Court contending that no such approval is required as, in their submission the AICTE has no jurisdiction over the Arts and Science colleges offering the course MCA. They rely upon the definition of "technical education" in Section 2(g) of the All India Council for Technical Education Act, 1987 (AICTE Act) and the definition of "technical institution" in Section 2(h) of that Act.

2. According to the information placed before the Court by the AICTE, as of the academic year 2001-02, there were 865 institutions in the country offering 40792 seats in the MCA which had the approval of the AICTE. Within the State of Tamil Nadu the number of institutions who have received such approval is 208. In the affidavit filed on behalf of the State it is