Report No. 160
3.6. Need to clarify the aforesaid doubts.-
It is obvious from the scheme and content of 1987 Act, that the said Act did not contemplate the undoing of all the aforesaid State enactments and to confer exclusive power upon the Council to grant approval for starting technical institutions or for starting new courses and programmes in the existing institutions though it may be that is said to be the unintended effect. In the above situation, the Law Commission has been of the opinion that it is not advisable to eliminate the Universities and the State Governments altogether in the matter of grant of approval. It has been also of the opinion that conferment of absolute authority on the individual or agency in such important matters is not conducive to public good.
The Law Commission has also been of the opinion that it is necessary to emphasise and restore the concept of 'University autonomy' and its power as well as the role of the State Governments in the matter. The Law Commission also took notice of the provisions contained in sections 10A to 10C of the Indian Medical Council Act (and similar provisions in the Dentists Act) and the Regulations made thereunder which confer the power to grant approval for establishing a medical college upon the Central Government alone no doubt in consultation with the affiliating University, Indian Medical Council and the concerned State Government.