BHARATHIDASAN UNIVERSITY AND ANR. versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ORS.

BHARATHIDASAN UNIVERSITY AND ANR. versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ORS.

Universities are excluded from 'technical institutions' within the meaning of Section 2(h) of the AICTE Act, and thus are not required to seek prior approval from AICTE for starting courses or departments in technical education. AICTE regulations compelling universities to obtain such approval are void and...

Source-derived case information.

Parties
Appellant: Bharathidasan University; Respondent: All India Council for Technical Education
Jurisdiction
India
Judgment Date
24 September 2001
Procedural Posture
Civil Appeal / Supreme Court Appeal From Madras High Court Division Bench
Outcome
appeal allowed
Legal Topics
Technical Education, Regulation of Universities, Statutory Interpretation, Regulation Making Powers of AICTE
Education Law Administrative Law Technical Education Regulation of Universities Statutory Interpretation Regulation Making Powers of AICTE

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bharathidasan University

Appellant

All India Council for Technical Education

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Madras High Court Division Bench

Legal Issues

  1. 1 Whether a university is obliged to seek prior approval of AICTE before starting technical courses or departments
  2. 2 Whether AICTE regulations are valid and enforceable against universities

Ratio Decidendi

Universities are excluded from 'technical institutions' within the meaning of Section 2(h) of the AICTE Act, and thus are not required to seek prior approval from AICTE for starting courses or departments in technical education. AICTE regulations compelling universities to obtain such approval are void and unenforceable as they are inconsistent with the Act.

Court Disposition

appeal allowed

Orders

  • Set aside judgment of Madras High Court Division Bench and Single Judge
  • Dismissed writ petition filed by AICTE in High Court