No action against deemed varsities: Madras HC
DECCAN CHRONICLE.
Published Jan 30, 2018, 1:32 am IST
HC has told AICTE to not take action against varsities for not responding to its approval notification.
Madras HC
Chennai: The Madras high court has directed the AICTE not to take any punitive action against certain deemed universities in the state for not responding to its notification relating to approval.
Justice R.Mahadevan gave the directive on a batch of petitions from Vellore Institute of Technology (VIT) in Vellore and others, which sought to declare a public notice issued by the AICTE in 2017 for approval for 2018-19 as unconstitutional and ultra vires of the UGC Act and consequently declare the same as inapplicable to them. Kandavadivel Doraisamy, counsel for VIT, submitted that the AICTE has released a public notice inviting applications for approval from all existing andproposed technical institutions for conducting technical programmes/courses including course of management for the academic session 2018-19.
In the notification it was specifically stated that institutions-deemed to be universities-seeking approval for the first time from AICTE (incompliance to the order dated November 3, 2017 of the Supreme Court) shall submit an application as a new one.
The Supreme Court judgment was applicable only to the institutions offering technical course degrees awarded by open and distance learning mode. Nowhere it was stated in the judgment that every deemed to be university should get the approval from the AICTE, he added.
Senior counsel P.Wilson, appearing for Veltech Deemed University, submitted that the petitioner university has been established under section 3 of the UGC Act and all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2 of the AICTE and UGC Acts.
After declared as a deemed to be university, the petitioner institution has been functioning under the guidelines of the UGC and every year the minute book which contains the entire conduct of petitioner institution has been sent to the UGC. Therefore, the overall performance of the institute was being monitored
annually by the UGC and the HRD Ministry regarding its activities. Therefore, the AICTE has no power to seek its approval by the petitioner institute as a new one, he added.
DECCAN CHRONICLE.
Published Jan 30, 2018, 1:32 am IST
HC has told AICTE to not take action against varsities for not responding to its approval notification.
Madras HC
Chennai: The Madras high court has directed the AICTE not to take any punitive action against certain deemed universities in the state for not responding to its notification relating to approval.
Justice R.Mahadevan gave the directive on a batch of petitions from Vellore Institute of Technology (VIT) in Vellore and others, which sought to declare a public notice issued by the AICTE in 2017 for approval for 2018-19 as unconstitutional and ultra vires of the UGC Act and consequently declare the same as inapplicable to them. Kandavadivel Doraisamy, counsel for VIT, submitted that the AICTE has released a public notice inviting applications for approval from all existing andproposed technical institutions for conducting technical programmes/courses including course of management for the academic session 2018-19.
In the notification it was specifically stated that institutions-deemed to be universities-seeking approval for the first time from AICTE (incompliance to the order dated November 3, 2017 of the Supreme Court) shall submit an application as a new one.
The Supreme Court judgment was applicable only to the institutions offering technical course degrees awarded by open and distance learning mode. Nowhere it was stated in the judgment that every deemed to be university should get the approval from the AICTE, he added.
Senior counsel P.Wilson, appearing for Veltech Deemed University, submitted that the petitioner university has been established under section 3 of the UGC Act and all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2 of the AICTE and UGC Acts.
After declared as a deemed to be university, the petitioner institution has been functioning under the guidelines of the UGC and every year the minute book which contains the entire conduct of petitioner institution has been sent to the UGC. Therefore, the overall performance of the institute was being monitored
annually by the UGC and the HRD Ministry regarding its activities. Therefore, the AICTE has no power to seek its approval by the petitioner institute as a new one, he added.
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