Report No. 160
5.1. Need for reform of law.-
The various viewpoints placed before the Commission have been considered. While it is not possible to agree with all the differing and varying view points, it appears abundantly clear that clause (k) in section 10 of the Act does require to be amended and clarified. Of course, it is not possible nor desirable to say that the expression "technical institution" should be so defined as to exclude engineering and other technical colleges from its purview. In view of the dominant object and purpose underlying the Act, it is not possible or desirable to exclude institutions of higher learning from its ambit.
At the same time, it is eminently desirable and necessary to balance the power of the Council with the powers of the Universities and the State Governments. The various State enactments which provide for the permission of the State Government for the establishment of these institutions and the University enactments which empower the Universities to stipulate appropriate conditions for affiliation and for introduction of new courses/programmes, should be respected, no doubt, in consonance with the dominant and primary object and purpose of the Act.
At the same time it is necessary to introduce an element of openness, transparency and fairness in the working of the Council, University and the State Government concerned. None of them should be allowed to sit over a proposal indefinitely. Each of them should exercise its power keeping in mind the cause of education and public good. They should also be free to devise policy decisions on questions like the number of technical institutions to be permitted in a State, region or district (to check, mushroom growth as has happened in the case of legal education in some States like Andhra Pradesh).
They should accord equal rights to all in the matter of establishment of technical institutions and other allied matters irrespective of caste, creed or religion. No preference or special rights should be recognised for the reason that considerations of caste, creed or religion have no relevance to the establishment of, or to the quality of education imparted in a technical institution.