--[Published in Edu Leaders]
SC dismisses AICTE review appeal
29 July 2013
The Supreme Court has dismissed the review petitions made by the AICTE seeking to revoke the verdict that the MBA is not under its purview
The Supreme Court has dismissed the review petitions made by the AICTE that sought to revoke a verdict that colleges affiliated to a university need not take separate permission from it for conducting MBA and MCA courses. The AICTE had filed a review petition stating that their efforts had been directed at transparency in matters of recognition of technical programmes, run by various colleges and institutes. The review would ensure that their work would not be for nothing.
A Bench composed of Justices B S Chauhan and V Gopala Gowda stated "We have considered the averments in the review petitions. Having regard to the facts and issues involved, in our opinion, no case for review is made out. There is no error in the impugned order. Hence, the review petitions are dismissed".
The verdict had been passed in April where the Bench declared that MBA was not a technical course and that though the MCA was a technical course the AICTE only had an advisory role in its regulation.
The court had then stated "The AICTE Act does not intend (the council) to be an authority either superior or to supervise or control universities and thereby superimpose itself upon them merely for the reason that it is laying down certain teaching standards in technical education or programmes formulated in any of the department of units,".
Justice Gowda pronounced judgment saying "The role of AICTE vis-à-vis universities is only advisory, recommendatory and one of providing guidance and (it) has no authority to issue or enforce any sanction by itself."
It was agreed to by the bench that only the UGC had the power to regulate universities in relation to granting sanction/approval, maintaining educational standards and overseeing the fee structure. Admissions to various courses offered by them, their institutions, constituent colleges, units and affiliated colleges were also under the UGC.
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