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JUDGMENT

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1145 OF 2004

ASSOCIATION OF MANAGEMENT

OF PRIVATE COLLEGES

… APPELLANT

VS.

ALL INDIA COUNCIL FOR TECHNICAL

EDUCATION & ORS.

… RESPONDENTS

WITH

CIVIL APPEAL NOS. 5736-5745 OF 2004

ADAIKALAMATH COLLEGE ETC. ETC.

… APPELLANTS

VS.

ALL INDIA COUNCIL FOR TECHNICAL

EDUCATION & ORS.

… RESPONDENTS

J U D G M E N T

V. Gopala Gowda, J.

The appellants filed these civil appeals questioning the correctness of the

common judgment and order dated 19.11.2003 passed by the High Court of

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judicature at Madras in W.A. 2652 of 2001, W.A. No. 3090 of 2001, WA 2835

of 2001, WA 3087 of 2001, WA 2836 of 2001, WA 3091 of 2001, WA 3092 of

2001, WA 2837 of 2001, WA 3088 of 2001, WA 2838 of 2001 and WA 3089 of

2001, dismissing the writ appeals thereby affirming the dismissal of writ

petitions by wrongly interpreting the provisions of All India Council for

Technical Education Act, 1987 (for short AICTE Act) and held that even

though the University is not required to take permission from the All India

Council for Technical Education (for short AICTE), its affiliated colleges are

required to do so. Further, the High Court has held, while dismissing the writ

appeals, that the appellant colleges should get its course of MCA ratified by

AICTE as per the prescribed format which according to the appellants herein is

in contravention of settled principles of interpretation of Statutes and also runs

contrary to the law laid down by this Court in case of Bharathidasan

University & Anr. Vs. AICTE & Ors.¹

2.

Certain relevant facts in relation to the appeals are stated hereunder:--

The appellant colleges in the State of Tamil Nadu are running Arts and

Science courses. Most of them are affiliated to Bharathidasan University and

some of them are affiliated to Manonmaniam Sundaranar University. The

member colleges of the appellant in C.A.No.1145 of 2004 and the appellants in

the connected appeals are running MCA course which have so far not obtained

the approval of the AICTE. According to the information placed before the

1 (2001) 8 SCC 676

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Court by the AICTE, as of the academic year 2001-2002, there were 865

institutions in the country offering 40,792 seats for the MCA course which had

the approval of the AICTE. Within the State of Tamil Nadu the number of

institutions which have received such approval are 208. As per the affidavit

filed on behalf of the State, it is stated that apart from the member colleges of

the first appellant and colleges of the second appellant, all other institutions

offering MCA have obtained the approval of the AICTE.

3.

Regulations 1994 have been prescribed in Form II which is in terms of

Regulation 5(2)(b) and were framed pursuant to Section 10(k) of the AICTE

Act for grant of approval to the colleges who have started new technical

institutions, introduction of courses or programmes and approval of intake

capacity of seats for the courses or programmes. Form II is titled “Application

for Existing Institution(s) seeking AICTE approval without additional course(s)

and/or additional intake(s) in engineering/technology, architecture, pharmacy,

applied arts, etc.”

4.

In the 1997, Regulation 2(2) framed by the AICTE was added by way of

an amendment to the 1994 Regulations, providing that the regulations are not

applicable inter alia, to the proposals relating to post graduate courses for

MBA, MCA or equivalent.

5.

On 16.8.2000, the aforesaid sub-regulation (2) was deleted and the said

courses were added in Regulation 8(c) enabling the AICTE to prescribe the land

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and deposit requirements even in respect of Arts and Science Colleges having

MBA or MCA courses.

6.

On 3.3.2001, a communication was sent by the AICTE to the member

colleges of the appellant in C.A. No.1145 of 2004 in respect of its proposal t