Report No. 160
3.4. In practice how the decision of the Supreme Court is being understood.-
However, the decision of the Supreme Court in State of Tamil Nadu v. Adhiyaman Educational and Research Institute, (supra) is being interpreted and understood as conferring upon the council the sole, exclusive and absolute power in the matter of grant of approval for starting new technical institutions including engineering colleges and for introduction of new courses or programmes in existing technical institutions. In other words, the University and the State Governments have been left with no say in the matter. Though the words "in consultation with the agencies concerned" do occur in clause (k), they are being ignored in the light of the aforesaid decision.
As a matter of practice also, it appears, the Council first grants the permission to start a technical institution or a new course or programme and it is only thereafter that the institution approaches the University for grant of affiliation. The University thinks that it is faced with a "fait accompli". It is well to recall that prior to the enactment of 1987 Act, and particularly the decision of the Supreme Court aforesaid, the grant of approval for establishing a new technical institution or for starting new courses or programmes in existing technical institutions was within the exclusive domain of the University and/or the State Government.
But, after the enactment of the said Act and particularly after the judgment aforesaid, the State Government has been excluded altogether from the arena and the role of the University has also been reduced almost to nothing. Having obtained the approval from the Council, the institutions are demanding affiliation as a matter of right. It is this position which the Law Commission thought was not consistent with the spirit and object of the 1987 Act nor with the "University autonomy" nor with the provisions of the various State enactments.