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2006 Supreme(Mad) 1762

A.P.SHAH, PRABHA SRIDEVAN
Sathyabama Institute of Science and Technology (A Deemed to be University), rep. by its Registrar – Appellant
Versus
Union of India Rep. by Secretary to Government & Others – Respondent


Appearing Advocates:For the Petitioner:------ For the Respondents:Rajeev Dhawan, R. Krishnamoorthy, Nalini Chidambaram, Vijay Narayanan, N.R. Chandran, Rajeev Dhawan, G. Rajagopalan, R. Thiyagarajan, K. Chandru, K.M. Vijayan, Senior Counsel, R. Suresh Kumar, P. Subba Reddy, R11 R. Vaigai, R4 & R21 R. Natarajan, R7 Saraswathi, Advocates, S. Udayakumar, SCGSC.

Judgment :-

(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for the reliefs as stated within.)

Prabha Sridevan, J.

The answer to the following questions will decide the lis between the parties in all these writ petitions:

“(1) What are the parameters of power of the All India Council for Technical Education over Deemed to be Universitiesâ€

“(2) How do the University Grants Commission and the All India Council for Technical Education achieve their objects for which they were created in a harmonious wayâ€

2. The writ petitioners, who are the Deemed to be Universities, have prayed for writs of declaration seeking to declare Sections 10(o) and 11 of the All India Council for Technical Education Act, 1987, hereinafter referred to as the 'AICTE Act' insofar as they relate to the power of the AICTE to prescribe guidelines for admission and to inspect the petitioners/deemed to be universities is concerned, and the consequential rules framed in Notification bearing S.O. No.610(E) dated 10.8.1992 as framed by the Central Government as unconstitutional, arbitrary and ultra vires the provisions of the University Grants Commission Act, 1956, hereinafter r






















































































































































































































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