The AICTE Act grants AICTE broad powers to regulate technical education, including existing institutions offering technical courses, and the court upheld AICTE's authority over computer applications.

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 stated that apart from the petitioners and appellants institutions all other institutions offering MCA have obtained the approval of the AICTE.

3. The AICTE Act came into force with effect from 28.03.1988. That Act was enacted with a view to provide for proper planning and coordinated development of the technical education system throughout the country, and for promoting qualitative improvement of such education in relation to planned quantitative growth and for regulating and proper maintenance of norms and standards in the the technical education system and for matters connected therewith.

4. The Act in Section 2(g) defines "technical education" thus:

"2(g) "Technical Education" means programmes of education, research and training in Engineering technology, architecture, town planning, management, pharmacy and applied arts and crafts and such other programme or areas as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare.

"Technical institution" as defined in Section 2(h) reads thus:

2(h) "Technical institution" means an institution, not being a University, which offers courses or programmes of technical education and shall include such other institutions as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare as technical institutions.

5. In the definition of "technical education", after the word "engineering" though a comma which should have been there is missing, AICTE has consistently understood that definition as enabling it to regulate the course in engineering as also in technology and "technologyl" has been regarded as a separate field for regulation, and is not confined only to engineering technology.

6. In the definition of "technical institution" though the word "institution" is used, it in fact, refers to the "courses" which are technical in nature and are offered by institutions which otherwise may or may not be regarded as "technical institutions". It is the course which is covered by or is subject to the regulations under the Act, the offering of which in an institution that renders the institution in which it is offered a "technical institution".

7. The word "technical", it was sought to be contended by senior counsel appearing for the appellants Mr.G.Masilamani, would not take within it's ambit computer applications. We do not find any substance in that submission. The definition of the word "technology" found in the dictionaries refer to "systematic application of knowledge to practical tasks in industry". The word "technical" is defined in the dictionaries as something which is connected with the execution of a work.

8. It is, therefore evident that computer application is clearly a course which falls within the ambit of