Once recognition has been granted by AICTE University is obliged to grant affiliation to such institution.

(Appeal under Clause 15 of the Letters Patent against the order of the learned single Judge dated 20.06.2002 made in WPMP No.29840 of 2002 in W.P.No.21578 of 2002.)

Common Judgment

P. Sathasivam, J.

Since all these matters are interlinked; the question raised and the issue involved are one and the same; they are being disposed of by the following Common Judgment.

2. The above writ appeals are by the State against the interim orders/interim directions of the learned Single Judge. Since we are taking up the main writ petitions themselves for disposal, there is no need to go into the correctness or otherwise of the interim orders which are the subject matter of the writ appeals.

3. The writ petitioners/Educational Trusts are running Engineering Colleges, after getting proper approval from the All India Council for Technical Education ('AICTE' in short). In some of the Writ Petitions, proviso to Section 5(ac) of the Anna University Act, 1978, is challenged. Some of the petitioners are seeking direction to grant provisional affiliation while others seek direction for inclusion of their colleges in the Single Window System.

4. It is the common case of the petitioners that the educational institutions run by them applied to the AICTE in prescribed forms, with all enclosures and details, for establishing engineering colleges. It is also their case that after inspection made by the Expert Committee of AICTE and after satisfying the norms and standards, the AICTE has accorded approval to the petitioners' Trusts for establishment of engineering colleges with prescribed seats on a further condition that the admission shall be made through central counselling by the Government of Tamilnadu. It is also stated that the order of AICTE granting approval was communicated to Anna University with a request to complete the process of affiliation for facilitating admission. It is their further case that all of them satisfied the norms/condition prescribed by AICTE. After the approval given by the AICTE, the petitioners submitted applications to the Anna University for grant of affiliation.

According to the petitioners, they came to know that in view of the amendment to the Anna University Act, prior permission from the State Government is required for the colleges being affiliated to the University. As per the proviso to Section 5(ac) of the amended Act, no college shall be affiliated to the University unless the permission of the Government to establish such college has been obtained and terms and conditions, if any, of such permission have been complied with. According to them, the said amended provision is beyond the legislative competence of the State Government, repugnant to the Central Act, namely All India council for Technical Education Act, 1987 (‘AICTE Act' in short), arbitrary and without jurisdiction. It is the claim of the petitioners that so far as the professional colleges are concerned, the entire control of the institutions is vested only with All India Councils, such as All India Council for Technical Education, All India Medical Council, Dental Council of India, etc. Role of the University in respect of professional colleges is minimal and grant of affiliation is a matter of course. There is no justification on the part of the University to insist upon prior permission of the State Government for establishment of a college and for granting affiliation. They also submitted a separate application to the Secretary, Tamil Nadu Engineering Admissions, Anna University, for inclusion of the names of their engineering colleges for counselling under Single Window System in the brochure contemplated under Regulation 8(2) of the AICTE (Norms and Guidelines for Fees and Guidelines for Admissions in Professional Colleges) Regulation, 1994.

5. Heard Mr. Habibullah Basha, learned senior counsel, Mr.K.Doraisami, learned senior counsel; Mr.V.Sanjeevi, Mr.R.Suresh Kumar, Mr.Issac Mohanlal, Mr.K.Vijayakumar, Mr.P.L.Narayanan and Mr.T.Meika