Case Note & Summary
The petitioner, The Association of Management of Unaided Engineering Colleges (Mah.), filed a writ petition under Article 226 of the Constitution challenging a stipulation contained in Appendix 10 of the Approval Process Hand Book of the All India Council for Technical Education (AICTE) for the academic year 2012-2013. The stipulation required mandatory subscription to e-journals as a condition for grant of approval. The petitioner contended that AICTE has only recommendatory powers under Section 10 of the AICTE Act, 1987, and that the stipulation would affect the fee structure of colleges. Additionally, the petitioner argued that colleges already have to obtain affiliation from the State University under The Maharashtra Universities Act, 1994, which requires library facilities as a condition for affiliation. The respondent, AICTE, filed an affidavit stating that the requirement was the outcome of a comprehensive expert exercise conducted by a high-powered committee consisting of five Vice Chancellors and three Directors, and was accepted by the Council at a meeting held on 13 September 2011. The court, after hearing the parties, held that AICTE has regulatory powers under Section 10 of the AICTE Act to prescribe conditions for approval, and the stipulation was within its powers. The court noted that the requirement was based on expert opinion and declined to substitute its own view. The court also observed that the stipulation does not affect the fee structure as it is a condition for approval, not a fee fixation. The petition was dismissed.
Headnote
A) Administrative Law - Ultra Vires - AICTE's Power to Impose Conditions - Section 10 of the All India Council for Technical Education Act, 1987 - The petitioner challenged a stipulation requiring mandatory subscription to e-journals as a condition for approval. The court held that AICTE has regulatory powers under Section 10 to prescribe conditions for maintaining standards in technical education, and the stipulation is within its powers. The court declined to interfere with the expert decision of the Council. (Paras 1-3)
Issue of Consideration
Whether the stipulation in Appendix 10 of the Approval Process Hand Book of AICTE requiring mandatory subscription to e-journals as a condition for grant of approval is ultra vires the powers of AICTE under Section 10 of the AICTE Act, 1987.
Final Decision
The writ petition is dismissed. The court held that the stipulation requiring mandatory subscription to e-journals is within the regulatory powers of AICTE under Section 10 of the AICTE Act, 1987, and is based on expert committee recommendations. The court declined to interfere.
Law Points
- AICTE has regulatory powers under Section 10 of the AICTE Act
- 1987
- to prescribe conditions for approval
- including mandatory subscription to e-journals
- the stipulation is not ultra vires
- the requirement does not affect fee structure as it is a condition for approval
- not a fee fixation
- the court cannot substitute its own view for that of experts.
Case Details
WRIT PETITION NO. 10925 OF 2011
DR. D.Y. CHANDRACHUD, A. A. SAYED
Mr. Rajeev Kumar with Mr. Kapil Moye i/by Mr. Sandeep R. Waghmare for the Petitioner; Mr. Ashutosh Kumbhkoni with Mr. Rui Rodrigues for Respondent No. 1
The Association of Management of Unaided Engineering Colleges (Mah.)
All India Council for Technical Education & Ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging a stipulation in Appendix 10 of the Approval Process Hand Book of AICTE requiring mandatory subscription to e-journals as a condition for grant of approval.
Remedy Sought
The petitioner sought to challenge and quash the stipulation requiring mandatory subscription to e-journals.
Filing Reason
The petitioner contended that the stipulation was ultra vires the powers of AICTE under Section 10 of the AICTE Act, 1987, and would affect the fee structure of colleges.
Issues
Whether the stipulation requiring mandatory subscription to e-journals is ultra vires the powers of AICTE under Section 10 of the AICTE Act, 1987.
Whether the stipulation affects the fee structure of unaided engineering colleges.
Submissions/Arguments
Petitioner: AICTE has only recommendatory powers under Section 10 of the AICTE Act, 1987; the stipulation is likely to affect the fee structure; colleges already have to obtain affiliation from the State University which requires library facilities.
Respondent: The requirement is based on a comprehensive expert exercise by a high-powered committee of five Vice Chancellors and three Directors, accepted by the Council on 13 September 2011; it is within AICTE's regulatory powers.
Ratio Decidendi
AICTE has regulatory powers under Section 10 of the AICTE Act, 1987, to prescribe conditions for approval of technical institutions, including mandatory subscription to e-journals. The court will not substitute its own view for that of experts in technical education.
Judgment Excerpts
In these proceedings under Article 226 of the Constitution the Petitioner seeks to challenge a stipulation contained in Appendix 10 of the Approval of Process Hand Book of the All India Council for Technical Education for the Academic Year 2012-2013.
The First Respondent has filed an affidavit of its Regional Officer in reply. In the affidavit it has been stated that for the forthcoming academic session 2012-2013, uploading of the Approval Process Hand book on the web portal of AICTE was carried out and made effective from 6 October 2011.
The requirement to have a particular bouquet of ejournals relevant to the discipline was the outcome of a comprehensive expert exercise conducted by a high powered committee consisting of five Vice Chancellors and three Directors, cutting across disciplines.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution before the High Court of Judicature at Bombay challenging a stipulation in Appendix 10 of the Approval Process Hand Book of AICTE for the academic year 2012-2013. The respondent filed an affidavit in reply. The court heard the matter and delivered judgment on 20 December 2011.
Acts & Sections
- All India Council for Technical Education Act, 1987: Section 10
- The Maharashtra Universities Act, 1994:
- Constitution of India: Article 226
