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| Friday, Jul 14, 2006
AICTE cannot take direct action against deemed varsities: court
It can only bring defects to UGC's notice for action, rules First Bench
- AICTE, UGC told to jointly inspect deemed universities in Tamil Nadu
- They should function cohesively for development of technical education
- Deemed varsities told to reply to UGC query on introduction of new courses
Chennai: The University Grants Commission (UGC) has "primacy"
over the All India Council for Technical Education (AICTE) in
maintaining standards and enforcing regulations in deemed universities,
the Madras High Court has ruled.
Passing orders on a batch of petitions on the jurisdiction of the UGC and the AICTE over the deemed universities offering technical education, the First Bench comprising Chief Justice A.P. Shah and Justice Prabha Sridevan said: "Even if the AICTE discovers the shortcomings of a deemed-to-be university, it has no further or direct control. Nor is there any scope for the AICTE to initiate any direct action against the said deemed-to-be university. It can only bring these defects to the notice of the UGC for further action."
Stressing the need for the two agencies to function cohesively for the integrated development of technical education, the Bench said: "The AICTE has the power to inspect, but...it cannot charge like a bull in a China shop, for that will only wreak havoc. The AICTE also cannot take action directly on the erring universities. All that it can do is to report to the UGC... It will assist, aid and advise the UGC in seeing that the quality of education is not diluted. So, the apprehension that the AICTE will be reduced to a silent spectator is unfounded."
Bharathidasan case
The Bench referred to the Supreme Court order in the Bharathidasan's case and made it clear that other than a university, a technical institution was a technical institution, and it included a deemed-to-be university as well.
Expressing displeasure at the state of affairs on the deemed-to-be university front, the judges directed all deemed universities in Tamil Nadu to reply to the UGC query on the introduction of new courses and increase or modification of the student intake without the approval.
They directed the AICTE and the UGC to undertake joint inspection of all deemed universities in Tamil Nadu within three months. The institutions shall make available all information relating to the infrastructure, student intake, fee structure, staff strength, etc., within four weeks. The Bench also quashed the AICTE's February 2006 public notice, which had sparked unrest on the campus of several deemed universities. Permitting the AICTE to inspect these institutions, the judges said before the inspection it should invite the UGC to nominate its member to be part of the team.
Courtesy: The Hindu
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