Holding

AICTE's power to grant prior approval under Section 10(1)(k) of the AICTE Act is limited to "technical institutions" which expressly exclude universities, rendering the regulations that compel universities to obtain such approval ultra vires and void.

Summary

Bharathidasan University, a full‑fledged university recognised under the UGC Act, began offering several technology programmes without obtaining prior approval from the All India Council for Technical Education (AICTE). AICTE filed a writ petition seeking to restrain the university from running those courses, arguing that its regulations required prior approval for any new technical programme. The High Court cancelled the admissions and the Division Bench affirmed, relying on the decision in M. Sambasiva Rao v. Osmania University. The Supreme Court held that the AICTE Act defines a "technical institution" as an institution that is not a university, and Section 10(1)(k) confers the power to grant approval only on such institutions. Consequently, AICTE regulations compelling universities to obtain prior approval are ultra vires and void, and the university is not bound by them. The appeal was allowed, setting aside the High Court judgment and dismissing the writ petition.

Issues considered

Whether a university falls within the definition of "technical institution" under Section 2(h) of the AICTE Act.
Whether AICTE's regulations (Regulation 4 and 12) requiring prior approval for new technical courses by universities are within its statutory power under Section 23 and Section 10(1)(k) of the AICTE Act.
Whether the AICTE Act overrides the UGC Act and the Bharathidasan University Act with respect to university autonomy.
Whether the High Court's reliance on M. Sambasiva Rao v. Osmania University is correct.

Legislation cited

All India Council for Technical Education Act, 1987s. 10(1)(k), s. 23, s. 2(h), s. 2(i)
University Grants Commission Act, 1956

Subjects

AICTEUniversity autonomyTechnical educationPrior approvalRegulationStatutory interpretationTechnical institution definitionUGCHigher education law

Judgment

BHARATHIDASAN UNIVERSITY AND ANR. A
v.
""'

-
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ORS.

SEPTEMBER 24, 2001

[S. RAJENDRA BABU AND DORAISWAMY RAJU, JJ.] B

All India Council For Technical Education Act, 1987:

Sec.2(i), 2(h), 10(1 )(k)-Technical Institutions-Meaning of-No ap-
proval by All India Council for the Technical Education before commencing a
course or programme in Technical Education or New Department-AICTE c
.filed writ petition to forebear the appellant University from running any new
course in Technology-Single Judge of High Court allowing the writ petition-
orders for cancellation of admission-Division Bench affirmed it-On, appeal
held, when legislative intent found spec(fic mention and expression in the
'4---,,.
proviso of the Act, the same cannot be rendered nugatory in view of object Dj
underlying the Act-Approval under section JO(k) for starting a new technical
institution/New Course does not cover University.
All India Council.for Technical Education (Grant ofapproval.for Strarting
new Technical Institutions, Introduction of Courses ·or Programmes and
approval ofintake capacity ofseats for the courses or Programmes) Regulations,
E
1954; Regulatior 4 and 12-Scope of-Held, Regulation which compels
University to seek approval before starting a course/New Deptt. directly opposed
to and inconsistent with the provisions of Sec. JO(i)(k)-Hence void and
unenforceable.

The appellant University, a fulfledged University recognised by the
F
University Grants Commission commenced courses in technology without
seeking approval of All India Council For Technical Education. AICTE
filed a writ petition to forebear the University authoritil~s from running/
conducting the courses as prior approval before commencing of the courses
was not sought for by the University as. envisaged under AICTE Act and
statutory regulations made thereunder, particularly Regulation 4. G
The stand of appellant University was that it was not a technical
institution as per section 2(h) of the Act and consequently Regulations
made for seeking approval of the AICTE before commencing a course of
technical ed~cation was in excess of regulation making power of the AICTE
and consequently null and void. H.;
253

::::<;
254 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A Single Judge of the High Court
,
cancelled the admissions
I
made by the
University. On appeal the Division Bench of the High Court affirmed it.
Hence the appeal before this Court.
L
It was contended on behalf of the. appellant-University that it does
not fall within the de~nition of technical institution under S.24 of the Act;
B. it stood outside the purview of Sec. lO(l)(k) and consequently not obliged
to seek prior approval of the AICTE for starting a department/new courses,
· the regulations so framed,. cannot be held binding or enforceable against it
as no rules or regulations inconsistent with the provision of the Act could
have been made or sought to be enforced legitimately.
c It was contended on behalf of _the respondent that AICTE have
pervasive control over the Universities also and therefore prior approval
of _!\ICTE has tO be obtained even by the appellant-University.

.· ' . th~ appeal, the Court
Allowing

D· HELDr: 1.i. When the legislative intent found specific mention and ..
, ---'
expression in the provisions of the All India Council for Techriical Educa-
tion Act itself, it cann~t be whittled down or curtailed and rendered
nugatory
, . . .....
~,
by giving undue
. '
importance to the so called object underlying
the Act. In the instant .case, AICTE Act does not contain any evidence of an
E intention to belittle and destroy the.authority or autonomy of other statu- ,
tory. bodies, having their own assigned roles to perform. Merely activated
by some assumed objects or desirabilities, Courts cannot adorn the mantle
of legislature. It is hard to ignore the legislative intent to give definite
meaning tb the wo1·ds in the Act a~1d adopt an interpretation which would '
F . tend to do violence to the express language as well as the plain meaning
and patent ail~ and object underlying the Act. [260-A-B-C]

1.2. In the statement' of object and reasons for the AICTE Act, it is·
specifically stated that AICTE was set up by a Government resolution as
national expert body to advise the Central and State Governments for
G en.SUring the coordinated development of technical education in accord-
ance with approved standards and in order to curtail the growing erosion ·
of standard; statutory authority conferred upon AICTE, to play its role
more ~ffectively by enacting the Act. [260-D; F] ·

· 2.1. The role of AICTE vis-a-vis the University is only advisory,
H recommendatory and guiding factor and thereby subserve the cause of .
.
BHARATHIDASAN UNIVERSITY v. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION [RAJU, J.) 255
maintaining appropriate standards and qualitative norms and not an au- A
thority/power to issue/ enforce any sanction by itself except submitting a
report to UGC for appropriate action. [264-D-E]

2.2. The AICTE cannot make any regulation in exercise of its power
under S.23 of the Act when such power is subscribed by the specific
limitation engrafted therein to ensure them to be not inconsistent with the B
provisions of the Act and the rules. So far as the question of granting
approval, Section lO(l)(k) specifically mentions the limit of such power of
AICTE only to be exercised vis-a-vis technical Institutions, as defined in
the Act and not generally. Also Sec. lO(l)(k) does not cover a University
but only a technical institution. Besides, regulation in so far as it compels C
the University to seek for and obtain prior approval Qefore starting any
new department or course or programme in technical education (Regulation
4) and empower itself to withdraw such approval in a given case of
contravention of Regulation 12 are directly opposed to and inconsistent
with the provision of Sec.lO(l)(k) of the Act Consequently, such regulations
D
are void and unenforceable. [265-C-F)

M. Sambasiva Rao alias Sambaiah & Ors. v. Osmania University,
Hyderabad rep By its Registrar & Ors., (1997) 1 Andhra Law Times 629,
disapproved.

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2056 of 1999.
E

From the Judgment and Order dated 21.10.98 of the Madras High Court.
in W.A. No. 1308 of 1998.

Shanti Bhushan, A.V. Rangam, Sanjay Kumar Pathak, A. Ranganathan
and Buddy Ranganathan for the Appellants. F

Dr. J.P. Verghese, B.K. Choudhary and E.C. Vidyasagar for the Respond-
en ts.

The Judgment of the Court was delivered by
G
RAJU, J. The only and important question of law that anses for
consideration in this appeal is as to whether the appellant-University created
under the Bharathidasan University Act, 1981 [hereinafter referred to as the
"Universi~ Act"] having its area of operation over the Districts of
Tiruchirappalli, Thanjavur and Pudukkottai in the State of Tamil Nadu, should H
256 SUPREME COURT REPORTS (2001] SUPP. 3 S.C.R.
A.• seek prior approval of the All India Council for the Technical Education
[hereinafter referred to as "AICTE'] to start a department for imparting a
course or programme in technical education or a technical institution as an
adjunct to the University itself to conduct technical courses of its choice and
selection.

· The Bharathidasan University Act, 1981 created the University in
question .to provide, ·among other things, for instruction and training in such
branches of learning as fr may determine; to provide for research and for the
advancement. and ·dissemination of knowledge; to institute degrees, titles, .·
diplomas and other academic distinctions; to hold examinations and to confer'
C· de~rees,"titles, diplomas and other academic distinctions on persons who have
a
pursued an apprbved course of study in University college or laboratory or '.
in 'an affiliated or approved college and have passed the prescribed examina-'
tions of 'the l_!niversity; to confer honorary degrees or other academic
distinctfon under conditions prescribed; and to institute, maintain and manage
D~, institutes. of re~earch, Universi;y colleges and laboratories, libraries, museums •· .---
and other institutions necessary to carry out the objects of the University, etc.
In other .words, it is a· full-fledged University recognized by the University
Grants Commission also. ,

When the appellant-University commenced cour5~s in technology suclJ
E• as Information Technology & Management, Bio·Engineering & Technology,
Petrochemical Engineering & Technology, Pharmaceutical ::::;ngineering and
Technology, etc.; the AICTE filed a Writ Petition No.14558 of 1998 before
the Madras High Court seeking for a writ of mandamus to forebear the r-•
University authorities from running/conducting any courses and programmes
F in those technical courses. The sum a~d substance of the grievance as well as
the objection put forward was that the University did not apply for and secure
the prior approval for those courses before their commencement by the
University as envisaged under the All India Council for Technical Education
Act, 1987 [hereinafter referred to as the "AICTE Act"] and the sfatutory
G regulations made thereunder by the AICTE, particularly Regulation No.4,
which o~ligated even an University to obtain such prior approval. The stand
of the appellant-University was, as it is now before us, that the appellant-
University will not fall under the definition of "Technical Institution" as
defined under Section 2(h) of the AICTE Act and consequently, th~ regula-
H tions made for seeking prior approval of the AICTE even by ·the Universities
1
BHARATHIDASAN UNIVERSITY v. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION [RAJU, J.) 257
to commence a course or programme in technical education or a new A
department for the purpose, were in excess of the regulation-making powers
of the AICTE and consequently, are null and void and cannot be enforced
against the appellant-University to the extent it obligates even Universities to
seek and secure such prior approval from the AICTE.
B
The learned Single Judge has chosen to accept the stand of the AICTE
by applying and following the ratio of the decision of a Full Bench of the
Andhra Pradesh High Court reported in M. Sambasiva Rao alias Sambaiah &
Ors. v.· Osmania University, Hyderabad rep. By its Registrar & Ors., (1997)
1 Andhra Law Times 629, and as.· a consequence thereof, ordered the
cancellation of the admissions made by the Uni~ersity. When the matter was c
pursued before a Division Bench, the learned Judges in the Division Bench
also felt convinced of the ratio laid down by the Full Bench of the Andhra
Pradesh High Court and rejected the appeal, necessitating the appellant-
University to come to this Court. Since the approach adopted by the learned
Single Judge and the Division Bench are on the same lines as the one adopted D
by the Full Bench of the Andhra Pradesh High Court, which the Madras High
Court has also purported to follow, it would be just and necessary to refer to
the said decision and also consider the correctness or otherwise of the ratio
in the said decision.

In M. Sambasiva Rao (supra), while adverting to the relevant provisions E
of the University Grants Commission Act, 1956, the Andhra Pradesh State
Council for Higher Education Act, the A.P. Universities Act, 1991, the AICTE
Act and the All India Council for Technical Education (Grant of approval for
starting new Technical Institutions, introduction of courses or programmes
and approval of intake capacity of seats for the courses or programmes) F
Regulations, 1994 [hereinafter referred to as 'the Regulations'], the High
Court arrived at a conclusion that the AICTE Act being a special law on a
particular category of education, overrides even the. University Grants Com-
mission Act, which, in the opinion of the High Court, was in the nature of a
general law in regard to imparting of education by Universities in general in G
respect of common matters covered thereunder. In spite of both the Acts being
those made by the Parliament within its legislative competence even as later
law, the AICTE Act was held to be binding. As for the relative operation of
the AICTE Act and the State Act dealt with therein, it was held that the
AICTE Act occupied the field and that, therefore, the State Act has to yield H
258 SUPREME COURT REPORTS [2001) SUPP. 3 S.C.R.
A and consequently statutory regulations made are not only valid and had the
force of law as a subordinate legislation, but no question of repugnancy
between the Regulations and AICTE Act or any alleged excess exercise ·of
power in framing such regulations, arose on the facts of the case having
regard to the creation of the AICTE for the proper planning and coordinated
B development of technical education system throughout the country. The
Andhra Pradesh High Couit was of the view that anybody or everyone of the
- authorities and institutions concerned with a technical education all over. the
country would fall within the meaning of "Technical Institution" as defined in
Section 2(h) of the AICTE Act and, therefore, be· bound by the authority of
the AICTE under the AICTE Act and the Regulations made thereunder. In
c coming to such conclusions, the Full Bench tried to draw sustenance from the
decisions of this Court reported in Unni Kr.ishnan J.P. v. State of A.P., [1993)
1 SCC 645 and State of Tamil Nadu v. Adhiyaman Educational and Research
Institute and Ors., [1995) 4 SCC 104.

D Shri Shanti Bhushan, learned senior counsel appearing for the appel-
lant-University, urged that a university like the appellant as defined under
Section 2 (i) will not fall within the definition of a 'technical institution'
contained in Section 2 (h) of the AICTE Act and, therefore, equally stood
outside the purview of Section 10 (1) (k) of the said Act and consequently not
E obliged to seek for and obtain the prior approval of the AICTE for starting a
department ·or introducing new courses or programmers. The regulations
framed by the AICTE for the same reason insofar as it obligates even
universities ~o obtain such prior approval, cannot be held to be binding or
enforceable against the appellant by the mere fact that the regulation specifi-
cally states so, notwithstanding the provisions contained in the Act stipulating
F
to the contrary and any regulation so made will be void and unenforceable.
It was also urged that the decision of the Full Bench of the Andhra Pradesh
High Court does not Jay down the correct position of law and the decisions
of this Court relied upon in 'the said decision really do not lend any support
'to the principles ultimately laid down therein and, therefore, the Madras High
G Court ought to have considered the issues independently and not followed the
ratio of the Full· Bench i~ M. Sambasiva Rcw's case (supra). The strong
grievance ventilated on behalf of the. appellant is that both the Andhra Pradesh
and Madras. High. Courts have failed to properly construe the relevant .
provisions of the Act, applying the correct principles of interpretation and also
H giving due consideration and weight to the various stipulations contained in
BHARATHIDASAN UNIVERSITY" ALL INDIA COUNCIL FOR TECHNICAL EDUCATION [RAJU, J.] 259
Section 10 which made specific reference wherever the universities also have A
to adhere to the provisions of the AICTE Act, Rules and Regulations. It was
also urged that no Rules or Regulations inconsistent with the provisions of the
Act could have been either made under the Act or sought to be enforced,
legitimately. Strong reliance has also been placed on the decisions reported in
S.K. Singh & Ors. v. V.V. Giri & Anr., AIR (1970) SC 2097; D.K. Trivedi & B
Sons and Ors. v. State of Gujarat and Ors., AIR (1986) SC 1323 as also the
very decision in Unni Krishnan, J.P. and Ors. v. State of Andhra Pradesh and
Ors., [1993) 1 SCC 645 and State of T.N. and Anr. v. Adhiyaman Educational
& Research Institute and Ors., [1995) 4 SCC 104 and Medical Council of
India v. State of Karnataka and Ors., [1998) 6 SCC 131.
c
Dr. J.P. Verghese, learned counsel for the AICTE, while drawing
sustenance from the reasoning of the judgment under challenge as well as the
Andhra.Pradesh case, urged that having regard to the overall functions and
powers of the Council under the Act to ensure proper planning and coordi-
nated development of the technical education system throughout the country, D
the qualitative improvement of such education and regulation and proper
maintenance of norms and standards in the technical education system and
matters connected therewith envisaged under Section 10 of the Act particu-
larly Section 10 (1) (k) read with Section 20 (1) (b) of the ATE Act, the
AICTE will have pervasive control over universities also and consequently, E
the prior approval of AICTE has to be obtained by even the universities like
any other technical institution for starting any new department or institute or
commencing a new course or programme in technical education. The totality
of the purpose and scheme, claimed to be underlying the enactment is said to
confer such sweeping powers over all functional activities relating to techni-
F
cal education and the universities cannot claim immunity from such obliga-
tion cast under the Act and the regulations made by the AICTE. The sheet
anchor of support for the respondent seem to be the decision reported in State
of T.N. and Anr. v. Adhiyaman Educational & Research Institute and Ors.
(supra) and Jaya Gokul Educational Trust v. Commissioner & Secretary to
Government Higher Education Department, Thiruvanathapuram, Kerala State G
and Anr. [2000) 5 SCC 231, in addition to the decision of the Andhra Pradesh
High Court.

We have bestowed our thoughtful consideration to the submissions
made on either side. When the legislative intent is found specific mention and H
260 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A expression in the provisions of the Act itself, the same cannot be whittled
down or curtailed and rendered nugatory by giving undue importance to the
so-called object underlying the Act or the purpose of creation of a body to
supervise the implementation of the provisions of the Act, particularly when ·
the AICTE Act does not contain any evidence of an intention to belittle and
B destroy the authority or autonomy of other statutory bodies, having their own
assigned roles to perform. Merely activated by some assumed objects or
desirabilities, the Courts cannot adorn the mantle of legislature. It is hard to
ignore the legislative intent to give definite meaning to words employed in the
. Act and adopt an interpretation which would tend ·to dq violence to the
express language as well as the plain meaning· and patent aim and object
c underlying the various other provisions of the Act. Even in endeavouring to
maintain the object and spirit of the law to achieve the goal fixed by the
legislature, the Courts must go by the guidance of the words used and not on
certain pre-conceived notions of ideological structure and scheme underlying
.the law. In the statement of objects and reasons for the AICTE Act,' it is
specifically stated that the AICTE, was originally set up by a Government ..-----
.

resolution as a National Expert Body to advice the Central and State Govern-
ments for ensuring the coordinated development of technical education in
accordance with approved standards was playing an effective role, but,
·"However, in recent years, a large number of private engineering colleges and
E polytechnics have come up in complete disregard of the guidelines, laid down
by the AICTE" and taking into account the serious deficiencies of even
rudimentary infrastructure necessary for imparting proper education and
training and the 'need to maintain educational standards and curtail the
growing erosion of standards statutory authority was meant to be conferred
F upon AICTE to play its role more effectively by enacting the AICTE Act.

Section 2(h) defines 'technical institution' for the purposes of the Act,
as follows:-

''technical institution" means an institution, not being a University,
G which offers courses or programmes of technical education, and shall
· include such other institutions as the Central Government may, in
consultation with the Council, by notification in the Official Gazette,
declare as technical institutions"

H Since it is intended to be other than a University, the Act .defines in
BHARATHIDASAN UNIVERSITY v. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION [RAJU, J.] 261
Section 2(i) 'University' to mean a University defined under clause (t) of A
Section 2 of the University Grants Commission Act, 1956 and also to be
inclusive of an institution deemed to be a University under Section 3 of the
said Act. Section 10 of the Act enumerates the various powers and functions
of the AICTE as also its duties and obligations to take steps towards
fulfillment of the same. One such as envisaged in Section lO(l)(k) is to "grant
B
.approval for starting new technical institutions and for introduction of new
courses or programmes in consultation with the agencies concerned. Section
23, which empowers the Council to make regulations in the manner ordained
therein emphatically and specifically, mandates the making of such regula-
tions only "not inconsistent with the provisions of this Act and the rules". The
Act, for all purposes and throughout maintain the distinct identity and c
existence of 'technical institutions' and 'universities' and it is in keeping tune
.with the said dichotomy that wherever the University or the activities of the
University is also to be supervised or regulated and guided by the AICTE,
specific mention has been made of the University alongside the technical
institutions and wherever the University is to be left out and not to be roped D
in merely refers to the technical institution only in Sections 10, 11 and
22(2)(b). It is necessary and would be useful to advert to Section lO(l)(c),(g),(o)
which would go to show that Universities are mentioned alongside the
'technical institutions' and clauses (k),(m),(p),(q),(s) and (u) wherein there is
conspicuous omission of reference to Universities and reference being made
to technical institutions alone. It is equally important to see that when the E
AICTE is empowered to inspect or cause to inspect any technical institutions
in clause (p) of sub-section (1) of Section 10 without any reservation
whatsoever, when it comes to the question of universities it is confined and
limited to ascertaining the financial needs or its standards of teaching,
examination and research. The inspection may be made or cause to be made F
of any department or departments only and that too, in such manner as may
be prescribed as envisaged in Section 11 of the Act. Clause (t) of sub-section
(1) of Section 10 envisages the AICTE to only advice the UGC for declaring
any institution imparting technical education as a deemed University and not
do any such thing by itself. Likewise, clause (u) of the same provision which
envisage the setting up of a National Board of Accreditation to periodically
G
conduct evaluation of technical institutions or programmes on the basis of
guidelines, norms and standards specified by it to make recommendation to
it, or to the Council, or to the Commission or to other bodies, regarding
recognition or de-recognition of the institution or the programme. All these I
vitally important aspects go to show that the AICTE created under the Act is \ H
A
262 SUPREME COURT REPORTS
. [2001] SUPP. 3 S.C.R.
not intended to be an Authority either superior to or supervise and control the
Universities and thereby super impose itself upon such Universities merely
for the reason that it _is imparting teaching in technical education or pro-
gram'mes in any of its Departments or Units. A careful scan·ning through the
' provisions of ihe AICTE Act and the provisions of the UGC Act in juxtapo-
B sition, will show that the role of AICTE vis-a-vis the Universities is only
advisory, recommendatory and a· guiding factor and thereby subserve the
cause of maintaining appropriate standards and qualitative norms and not as
an authority empowered to Issue and enforce any _sanctions by itself, except
submitting a Report t.o the UGC for appropriate action. The conscious ~nd
deliberate omission to enact any such provision in the AICTE Act in respect
of Universities is no! only a positive indicator but should be also one of the
determining fac~ors ,in adjudging the status, ro~e and activities of AICTE vis-
a-vis Universities and the activities_ and functioning of its departments and
u1,1its. All these vitally important facets with so much glaring significance of
the scheme underlying the Act and the language of the various provisions
D seem to have escaped the notice of the learned Judges, their otherwise well-
merited attention and consideration in their proper and correct perspective ..
The ultra activist view articulated in M. Sambasiva Rao '.s case (supra) on the
basis of supposed. intention and imagined purpose of the AICTE or the Act
constituting it, is uncalled for and ought to. have been avoided, all the more
E so when such an interpretation is not only bound to do violence to the
language of the various provisions but also inevitably render other statutory
" authorities like UGC and Universities irrelevant qr even as non-entities by
making the AICTE a super power with a devastating role undermining the
status, authority and autonomous functioning of those institutions in areas and
F spheres assigned to them under the respective legislations constituting and
governing them.·

In Unni Krishnan 's case (supra), this Court was not com:erned with
issues of the nature now sought to be raised and the observ~tions made therein
in the context of disputes pertaining to the powers, rights and extent to which
G the State Legislature or Government could interfere, regulate or prohibit the
rights to establish and run professional colleges cannot be taken out of their
context and purpose to be pressed into service in this case. As a matter of fact,
even this Court, which formulated a scheine to prevent evils of capitation fees
etc;, specifically excluded from its purview colleges run by the Government
H and the Universities. Equally, the consideration in Adhiyaman Engineering
BHARATHIDASAN UNIVERSITY v. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION [RAJU, J.] 263
College case (supra), the question was as to the relative scope and ·extent of A
control of a professional - engineering college by the State Government in
the teeth of the AICTE Act and the powers exercisable by the AICTE under
the provisions of the said Act, Rules and Regulations made thereunder. The
decisions, the correctness of which are under our consideration in this case,
have not kept into consideration before the nature and character of the issues B
raised in the two decisions of this Court noticed above before relying upon the
observations contained therein in dealing with the rights of an university
constituted under a State enactment, which, apart from the enactment consti-
tuting it, is governed by the provisions of the UGC Act, also made by the
Parliament. The decision of the Andhra Pradesh High Court in M. Sambasiva
Rao 's case (supra) has unduly oversimplified an·d underscored the status,
c
position, as well as the importance of the UGC by stating that the DGC was
concerned only with the object of providing grants and financial assist,ance to
educational institutions and serving as a recommendatory and regulatory body
completely losing sight of its superior, vital and exclusive role ordained to it .
by the Parliament itself as an expert body in regard to "Co-ordination and L
determination of standards in institutions for higher education or research and
scientific and technical institutions", and the standards of tea1.:hing and
examination in universities, even in the absence of the UGC and that too
without a proper and comparative consideration of the relative scope and
effect of the respective role of the UGC as well as the AICTE. E
It is by now well-settled that Parliament has enacted the University
Grants Commission Act, 1956 as well as the AICTE Act, 1987 in the
purported exercise of the powers envisaged in Entry 66 of List-I of the Vllth
Schedule to the Constitution of India, which reads as "Co-ordination and
F
determination of standards in institutions for higher education or research and
scientific and technical institutions." It was permissible for the Parliament to
enact a law with the object and aim of co-ordination and determination of
standards among a particular class or category of institutions, which may deal
with different kinds of education and research as also scientific and technical
institutions of different disciplines and specialised branches of even such G
disciplines. The Parliament, while enacting the AICTE Act, was fully alive to
the existence, in full force and effect the provisions of the UGC Act, 1956,
which specifically dealt with the co-ordination and determination of standards
at university level of institutions as well as institutions for higher studies of
the category or class other than but deemed to be universities and yet roped H
264 SUPREME COURT REPORTS [2001] SUPP. 3 S.C.R.
A into the definition of "technical institution" only institutions not being a
University as defined in Section 2(i). Apart from so defining technical
Institutions so as to be exclusive of University even in empowering the
AICTE to do certain things, special care seems to pave been conspicuously
and deliberately taken to make specific mention of universities, wherever and
B whenever alone the AICTE was expected to interact with universities. and
. University Departments as well as its constituent Institutions. In the statement
of objects to the AICTE Act, the evil sought to be curbed was stated to be the
coming .up indiscriminately of number of private engineering colleges and
;polytechnics in complete disregard of .the guidelines resulting in diluted
standards, unplanned growth, inadequate facilities and lack of infra-structural
c facilities in them and not of any a.nomalies arising out of any university bodies
. or UGC to even think of either sidelining or subjugating them by constituting
A~~.TE. The guarded language employed for the said purpose and deliberate
omission to refer to th~ universities in Section IO (1) (k) of the AICTE Act
.while empowering AICTE to accord approval for starting new techni~al
D institutions and introdu.ction of new programmes or courses by or in such
institutions cannot be ignored to be of any insignificance. A careful analysis
of the various provisions contained in Sections 10, 11 and 22 ~ill further go
to show that t~e role of interaction conferred upon AICTE vis-a-vis Univer-
sities is limited to the purpose of ensuring the proper maintenance of norms
E and standards in the technical education system so as "to conform to the
standards laid down by it, with no further or direct control over such
universities or scope for any direct action except bringing it tc:i the notice of
the UGC or other authorities only, of any lapses in c~ing out any directions
of the AICTE in this regard, for appropriate action. While stating that
autonomy of universities should not mean a permission for authoritarian
F functioning, the High Courts by the construction placvd by them have
virtually.allowed such authoritarianism to the AICTE to such an extent as to
be'little the importance and elegant role assigned to the universities in the
Educational system of the country and rendered virtually subordinate to the
. AICTE. In our view, that does not seem to be the object of creating AICTE
G or passing of the AICTE Act. Such construction as has been placed by the
Court in M. Sambasiva Rao's case (supra) which found favour of acceptance
of the Court in the present case ought to have been avoided· and the same
could neither be said to have been intended or was ever in the contemplation
of the Parliament nor should the UGC and the universities been relegated to
H a role subordinate to the AICTE. The UGC and universities have always had
BHARATHIL>ASAN UNIVERSITY v. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION [RAJU, J.] 265
and have an accepted and well-merited role of Primacy to play in shaping as A
well as stepping up a co-ordinated development and improvement in the
standards of education and research in the sphere of education. When it is
only Institutions other than universities which are to seek affiliation, it was
not correct to state in the decisions under challenge that an University, which
cannot grant affiliation to a technical institution, cannot grant the same to B
itself. Consequently, the conclusions rendered based on the principles for
classifying enactments into 'general law' and 'special law' to keep them
within their respective limits or area of operation are not warranted and
wholly uncalled for and do not merit our approval or acceptance.

_ The AICTE cannot, in our view, make any regulation in exercise of its c
powers under Section 23 of the Act, notwithstanding sub-section ( l ), which
though no doubt enables such re~ulations being made generally to carry out
the purposes of the Act, when such power is circumscribed by the specific
limitation engrafted therein to ensure them to be "not inconsistent with the
r provisions of the Act and the rules .... " So far as the question of granting D
approval, leave alone prior or post, Section lO(l)(k) specifically confines the
limits of such power of AICTE only to be exercised vis-a-vis technical
institutions, as defined in the Act and not generally. When the language is
specific, unambiguous and positive, the same cannot be over-looked to give
an expansive meaning under the pretext of a purposive construction to E
perpetuate an ideological object and aim, which also, having regard to the
Statement of Objects and Reasons for the AICTE Act,. are not warranted or
justified. Therefore, the regulation insofar as it compels the universities to
seek for and obtain prior approval and not to start any new department or
course or programme in technical education (Regulation 4) and empower
F
itself to withdraw such approval, in a given case of contravention of the
regulations (Regulation 12) are directly opposed to and inconsistent with the
provisions of Section lO(l)(k) of the Act and consequently void and unen-
forceable.

The fact that the regulations may have the force of law or when made G
have to be laid down before the legislature concerned do not confer any more
sanctity or immunity as though they are statutory provisions themselves.
Consequently, when the power to make regulations are confined to certain
limits and made to flow in a well defined canal within stipulated banks, those
actually made or shown and found to be not made within its confines. but H
266 SUPREME COURT REPORTS [2001] SUPP. 3 s.c.R.
A outside them, the courts are bound to ignore them when the question of their
enforcement aris~ and the mere fact that there was no specific relief sought
for to strike down or declare them ultra vires, particularly when the party in
sufferance is a respondent to the lis or proceedings cannot confer any further
sanctity or authority and validity which it is shown and found to obviously
B and patently lack. It would, therefore, be a myth to state that regulations made·
under Section 23 of the Act have "Constit~tional" and legal status, even
unmindful of the fact that anyone or more of them are found to be not
consistent with· specific provisions of the Act itself. Thus, the regulations in
question, which the AICTE could not have.made so as to bind universities/
UGC within the confines of the powers conferred upon it, cannot be enforced
c- against or bind an University in the matter of any necessity to seek'prior
approval to commence a new department or course and programrile in
technical education in any university or any of its departments and constituent
. ·•
instituiions.

D To put it in a nutshell, a reading of Section 10 of AICTE Act will make
it clear that whenever the Act omits to cqver a 'University', the same has been
specifically provided in the provisions of the Act. For example, while under
clause (k) of Section 10 only 'technical institutions' are referred to, clause (o)
of Section 10 provides for the guidelines for admission of students to
E 'technical institutions' and 'Universities' imparting technical educati'on. If we
look at the definition of a 'technical institution' under Section 2(h) of the Act;
it is clear that a 'technical institution' cannot include a 'University'. The clear
intention of the Legislature is not that all institutions· whether University or
otherwise ought to be treated as 'technical institutions' covered by the Act. If
that .was the intention, there was no difficulty for the Legislature to have
F
merely provided a definition of 'technical institution' by not excluding·
'University' from the definition thereof and thereby avoided the necessity to
use alon<Tofilde both the words 'technical institutions' and University in several
provisions in the Act. The definition of 'technical institution' excludes from
its purview a 'University'. When by definition a 'University' is excluded from
G a 'technical institution•: to interpret that such a clause or such an expression
wherever the expression 'technical institution' occurs will include a 'Univer-
sity' will be reading into the Act what is not provided therein. The power to
grant approval for starting new technical institutions and for introduction of
new courses or programmes in consultation with the agencies concerned is
H covered by Section lO(k) which would not cover a 'University but only a
BHARATHIDASAN UNIVERSITY v. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION [RAJU, J.] 267
'technical institution'. If Section lO(k) does not cover a 'University' but only A
a 'technical institution', a regulation cannot be framed in such a manner so as
to apply the regulation framed in respect of 'technical institution' to apply for
Universities when the Act maintains a complete dichotomy between a 'Uni-
versity' and a 'technical institution'. Thus, we have to focus our attention
mainly to the Act in question on the language adopted in that enactment. In B
that view of the matter, it is, therefore, not even necessary to examine the
scope of other enactments or whether the Act prevails over the University Act
or effect of competing entries falling under Entries 63 to 65 of List-I vis-a~
vis Entry 25 of List-III of the Seventh Schedule to the Constitution.

The fact that initially the syndicate of the appellant-university passed a C
resolution to seek for approval from AICTE and did not pursue the matter on
those lines thereafter or that the other similar entities were adopting such a
course of obtaining the same and that the Andhra Pradesh High Court in M.
Sambasiva Rao's case (supra) taken a particular view of the matter are not
reasons which can be countenanced in law to non-suit the appellant. Nor such D
.reasons could be relevant or justifying factors to draw any adverse finding
against and deny relief by rejecting the claims of the appellant-university. We
also place on record the statement of the learned senior counsei for the
appellant, which, in our view, even otherwise is the correct position of law,
that the challenge of the appellant with reference to the Regulation in question E
and claim of the AICTE that the appellant-university should seek and obtain
prior approval of the AICTE to start a department or commence a new course
or programme in technical education does not mean that they have no
obligation or duty to conform to the standards and norms laid down by the
AICTE for the purpose of ensuring co-ordinated and integrated development
of technical education and maintenance of standards.
F

For all the r~asons stated above, we allow the appeal and consequently
set aside the judgment under c:hallenge by dismissing the writ petition filed in
the High Court. Having regard to the position of law declared by us, the
decision of the Andhra Pradesh High Court reported in M. Sambasiva Rao s G
case (supra) cannot also be considered to lay down the correct position of law.
No costs.

S.K.S. Appeal allowed.