Deemed to be Universities are obliged to conform to standards set by AICTE.

(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 referred to as the 'UGC Act' and consequently forbear the AICTE from interfering with the affairs of the petitioners/deemed to be universities in any manner. A prayer is also made for quashing the Questionnaire Notice of the AICTE dated 17.10.2 005; subsequently, petitions were filed for amendment, so as to include a prayer for quashing the AICTE Regulations dated 28.11.2005. Writ Petitions have been also filed seeking writs of certiorarified mandamus calling for the records comprised in the public notice issued by the AICTE which was published in the website dated 16.2.2006 in proceedings Advt. No.AICTE/legal/2(3), quash clauses (iii), (v) and the offending words such as "all institutions" as employed in the said public notice and consequently forbear the respondents from interfering with the affairs of the petitioners/deemed to be universities in any manner without authority of law. Another writ petition has been filed by the Students' Federation of India for a writ of mandamus commanding the Union of India to verify and publish for the benefit of the students, the legal status (recognition/approval) of the institutions and courses run by the respondents/deemed to be universities and cause publication of the mandatory disclosures cited in para 8 supra, besides initiation of appropriate action, for non-compliance of the regulations/rules on the subject of Technical and Medical/Paramedical education. Yet another writ petition has been filed seeking to declare the definition clause, Section 2(i) of AICTE Act, 1987 defining " University" as including an Institution deemed to be university under Section 3 of the UGC Act as against public interest and unconstitutional and consequently direct the respondents to implement the public notice in Advt. No.AICTE/legal/2/3/2006 and inspect the deemed to be universities conducting technical courses and award recognition to the technical courses conducted by such deemed to be universities after evaluating their merit. On behalf of the students as well as the deemed to be universities, writ petitions have been filed for quashing Notification No.F.2-1/2006/U-3(A) dated 5.4.2006, which was issued by the Central Government pending the writ petitions, as illegal and ultra vires the AICTE Act and the UGC Act.

3. Briefly stated, the background of the case is as follows:

The AICTE and the UGC, both have the statutory obligation to maintain the standards of excellence in institutions of higher education, and there is a grey area regarding the perception of their respective roles as regards the deemed to be universities. The University Grants Commission Act (UGC Act) was enacted in the year 1956 to make provisions for co-ordination and determination of standards in Universities and to establish a University Grants Commission.