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Report No. 160

Chapter 1

Working Paper on Amendments to The All India Council for Technical Education Act, 1987

(Act 52 of 1987)

1.1. Background of the Paper.-

This paper is primarily concerned with making amendment (as proposed in para. 2.8, infra.) in clause (k) of section 10 of the All India Council for Technical Education Act, 1987 which specifies one of the functions of the All India Council for Technical Education (AICTE) viz., to grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned. The proposed amendment is conceived to allay the apprehension that AICTE enjoys the absolute power in the matters specified in the said sub-clause excluding any say of the affiliating university therein notwithstanding the statutory requirement of consultation with the concerned agencies.

Such doubts have cropped up in view of the decisions of the Supreme Court in cases (see para 2.2, infra) wherein the court held that the power to grant approval for starting new technical institutions and for introduction of new courses or programmes is vested with the Council. It may be pointed out that the true import of the expression "in consultation with the agencies concerned" occurring in section 10(k) of the AICTE Act did not receive adequate focus and consideration by the honourable Supreme Court in the said cases.



Amendments to the All-India Council for Technical Education Act, 1987 Back




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