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Report No. 160

2.3. Effect of the decisions of the Supreme Court on the role of Universities with regard to function under clause (k) of section 10.-

The effect of the latter decision of the Supreme Court in the State of Tamil Nadu v. Adhiyaman Educational & Research Institute, however, is that the AICTE has been made the sole, exclusive and the absolute authority in the matter of grant of approval for starting new technical institutions and for introduction of new courses or programmes in existing technical institutions. Prima facie, it appears that the University and the State Government have been excluded from projecting their views in the matter of granting approval for starting new technical institutions and for introduction of new courses or programmes. Such state of affairs does not appear to be consistent with the express provisions of the AICTE Act as cited above.

Such a course would have the effect of whittling down the autonomy of the university and the important role of the State Governments. It is true that it was because of the onset of the decline in standard of technical education that the said Act was brought into force and hence the role of the Council came into being. But this circumstance cannot render the role of the universities and the State Governments nugatory in expressing their side of the view, in this regard. The important role of the universities in this regard can be pointed out in a nutshell. Unless affiliation is granted by a university, no institution including technical institution can survive.

As pointed out in Unni Krishnan J. P. v. State of Andhra Pradesh, (supra) neither the constituent colleges (of the University) nor affiliated colleges (private educational institutions) conduct their own examinations. They prepare the students for the examination to be held by the affiliating university and the degrees or certificates are also granted by the affiliating universities (see para. 204 of the judgment). The primary importance and the crucial role of the affiliating university cannot, therefore, be ignored or under estimated. Affiliation is neither a matter of course nor is it an empty formality. Affiliation is the life-blood of any educational institution of this nature. Without it no technical institution can exist.

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

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