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Sunday, May 5, 2013

Re: [MTC Global] Fwd: Supreme Court Judgement on role of AICTE w.r.t. MBA and MCA

Dear All,

I sincerely think that we are utilizing our energy not
in help solving the issues related with quality
education at the affordable costs but getting
ourselves involved in trivial issues. In academics
compartmentalization is necessary but with flexible
demarcation. For example, whether Computer Science and
Engineering is a language course or really an
engineering course? MBA is a management course or
business administration course? Is it desirable that
an egg graduate or MBBS graduate to join MBA
programme?

The bodies like UGC, AICTE, MCI, CoA, Pharmacy Council
of India, etc., have come into force by the Parliament
enactment. They need to function as per Act. Hence it
is futile to attach a such labels as who is superior
to whom, what is the hierarchy in decision making
process, whose word will be final,etc.

We have been forcing the Judiciary, one Pillar of
Democracy, to work as Executive body, a very
unfortunate state of affairs leading to a fatal end.
Executives are Constitutional operators, they are the
Public Servants, destined to look after the well-fare
of one and all citizens. If executives are integrated,
sticking strictly to the constitutional functions,
many issues today we face will just disappear in air,
without our knowledge. But most unfortunately, this is
not happening. Like in other Sectors including
Political system, we in education now and then look at
HC or SC for some decisions, corrective measures or
ruling or to obtain temporary relief. Thus we try to
compell (mostly unsuccessfully) the executives to work
under the directives of HC/SC, Judiciary working as if
it is the Executive body. In India we do not have a
mechanism existing in real sense that can reward and
punish the executives spread over from Central to
Local bodies. How many executives have been hooked by
the top most executive body, i.e., say Central/State
Ministry for under-utilizing, mis-utilizing, abusing
the authorities vested in them by Constitution?
Whatever executives are booked are not by Govt., but
through the pressure of Public who approached SC/HC.
Is it not true?

Please see the attachments. Is it the duty of SC to
talk about fees, autonomy, course monitoring,
recruitment of PhD principals, (e.g., Professor must
be PhD is a recruitment norm set in mid-80s, and I
remember that Shivaji University, Kolhapur, did not
accord approval to a non-PhD candidate for the post of
Professor though recommended by the Selection
Committee sometimes in 1988-89, in many colleges
affiliated to prestigious universities PGs were
selected as Principals-see period from 1990-2000 AD or
so- when PhD from IITs were available, who is
responsible?)

This is the single most important cause why India is
performing low in World Class Education in-spite of 65
years of independence. We are running from bad to
worst. Let us focus on the real issues like how to
improve GRE, quality,employability of our graduates,
reduce cost, and be competitive on globe.

Regards.

Yours,

_________________________________________________
PS: Sorry neglect the earlier E-mail, \
________________________________________________

On Sun, 05 May 2013 13:00:31 +0530 wrote
>Dear Dr DuttaMay be of interest to our membersthanks

the Supreme court on 25th April has given a very
important judgement on the MBA and MCA programs. This
judgement it appears is valid for affiliated colleges
-- colleges affiliated to the universities and may not
be applicable to stand alone colleges.Â


The analysis of the judgement is given below. Please
note that this is my interpretation and I could be
wrong. For 150% correct interpretation it might be
necessary to consult some members of the legal
profession.Â

Quote1. Affiliated colleges are governed only by the
rules / regulations laid down by the UGC.2. AICTE is
an advisory body and not a regulatory body. It can act
only through the UGC.
3.AICTE can only recommend to the UGC but it cannot
enforce any sanctions
4. MCA is a technical course as defined in the AICTE
act and also in UGC5. For running MBA and ÂMCA
courses
no permission from AICTE is reqd. Also for approvals6.
Also since AICTE has not got the relevant amendments
approved by parliament, ÂAICTE cannot control
and
regulate the MBA and mca programs

7. The above judgement is applicable to only colleges
affiliated to university.Â8ÂIt is NOT
applicable stand
alone collegesÂ9 is it applicable to engineering
colleges? The judgement is silent as that was not the
question but the role of AICTE for engineering
colleges by extrapolation will be the same for MBA and
mca.

10. The judgement frees affiliated college from the
clutches ofÂAICTE. But please note that UGC
guidelines
are very clear that the standards laid down by the
councils eg AICTE needs to be followed. Consequently
the LIC of report of the inspection team of the univ
of Pune will have to be adhered to and its
recommendations followed.

Unquote
--
thanking you and with kind regards

Dr. R. Gopal

Director, Dean and Head of the Department


Padmashree Dr. D. Y. Patil University
Department of Business Management
Sector 4, Plot on 10, CBD Belapur
Navi Mumbai 400 614
Tel. ++ 91 22 27565616 Fax. ++ 91 22 27575064
Tel. (M) 98203 56428



--
thanking you and with kind regards

Dr. R. Gopal
Director, Dean and Head of the Department


Padmashree Dr. D. Y. Patil University
Department of Business Management
Sector 4, Plot on 10, CBD Belapur
Navi Mumbai 400 614
Tel. ++ 91 22 27565616 Fax. ++ 91 22 27575064
Tel. (M) 98203 56428




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