Case Note & Summary
The petitioners, Sushila Danchand Ghodawat Charitable Trust and another, challenged the decision of Shivaji University (respondent no. 3) declining to grant affiliation for a new post graduate degree course, M.E. in Civil Engineering, for the academic year 2012-13. The petitioners had applied to the All India Council for Technical Education (AICTE) for extension of approval for existing undergraduate courses, increase in intake capacity, and approval of the new postgraduate course. AICTE granted approval on 28 June 2012 for the M.E. course with an intake of 18 students. Subsequently, the petitioners applied to Shivaji University for affiliation. The university appointed a local inspection committee, which noted that the college must appoint faculty for the postgraduate programme and recommended affiliation for one year. However, the Academic Council, by a decision communicated on 5 November 2011, declined affiliation, citing the inspection committee's finding that faculty for the postgraduate Civil Engineering programme had not been appointed. The petition was heard together with a batch of connected petitions, including Sou. Devibai Narayandas Chhabda Rural Education Society v. Shivaji University, in which a judgment was delivered on 6 December 2012. In that lead judgment, the High Court, following the Supreme Court's decision in State of Tamil Nadu v. Adhiyaman Educational & Research Institute, held that AICTE approval does not override the requirement of university affiliation under state legislation. However, the conditions prescribed by the university for affiliation must conform to AICTE norms under Section 10 of the AICTE Act. The court found that the university's refusal was based on the non-appointment of faculty, which was a valid condition. The petition was dismissed.
Headnote
A) Education Law - Affiliation - AICTE Approval vs. University Affiliation - The provisions of the AICTE Act, 1987 do not override the requirement of affiliation by the affiliating university under state legislation. However, conditions prescribed by the university for grant and continuation of affiliation must conform to the norms and guidelines prescribed by AICTE under Section 10 of the AICTE Act. (Paras 1-2) B) Education Law - Affiliation - Refusal Based on Faculty Deficiency - University may refuse affiliation if the college fails to appoint required faculty as per university norms, even if AICTE has granted approval. (Paras 1-2)
Issue of Consideration
Whether the refusal of Shivaji University to grant affiliation for a new post graduate degree course (M.E. in Civil Engineering) despite AICTE approval is valid, and whether the conditions prescribed by the university for affiliation must conform to AICTE norms.
Final Decision
The petition was dismissed. The court held that AICTE approval does not override the requirement of university affiliation, and the university's refusal based on non-appointment of faculty was valid.
Law Points
- AICTE approval does not override requirement of university affiliation
- University conditions must conform to AICTE norms
- University can refuse affiliation for non-compliance with its own conditions
