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  • Higher Secondary(with Mathematics group) and
  • Any UG withMathematics(eg:Chemistry/Physics/Computer Science)
  • M.Sc or MCA and
  • ME-CSE or M.Tech-IT

Eligibility for Assistant Professor in the Department of CSE/IT.

AICTE/RTI Documents need above mention faculties criteria, kindly request the following mail ID: biocse@gmail.com. They will sent to the authorization letter.

AICTE'S POWERS CONSTRAINED; ONLY ADVISORY SAYS THE SUPREME COURT

The Supreme Court of India has constrained and defined the powers of the All India Council for Technical Education (AICTE) in an important judgment on 25 April 2013. Importantly, it has said that the AICTE is an advisory body and has thereby enhanced the standing and autonomy of universities and of the University Grants Commission (UGC). It has also removed MBA courses run by colleges from the purview of the AICTE, as well as all technical courses (including MCA) that are run by universities and colleges of universities.

The case details (heard together in the Supreme Court) are as below:

  • Civil Appeal no. 1145 of 2004
  • Civil Appeal nos. 5736 - 5745 of 2004

The Court examined the following issues:

"(1) Whether the colleges affiliated to a university comes within the purview of exclusion of the definition of "Technical Institution" as defined under Section 2(h) of the AICTE Act, 1987?

"(2) Whether the AICTE has got the control and supervision upon the affiliated colleges of the respective universities of the member colleges of the appellant in C.A.No.1145/2004 and the appellants in connected appeals?"

"(3) Whether the MCA course be construed as technical education in terms of definition under section 2(g) of the AICTE Act?"

"(4) Whether the Regulation 8(c) and 8(iv) by way of amendment in the year 2000 inserting the words 'MBA and MCA' before Architecture and Hotel Management courses is applicable to the concerned colleges of the appellants?"

"(5) Whether non placement of the amended Regulations before Houses of the Parliament as required under Section 24 of the AICTE Act is vitiated in law?"

"(6) Whether the law laid down by this Court in Bharathidasan University's case, Adhiyaman Education and Research Institute case and Jaya Gokul Educational Trust case is applicable to the fact situation of the concerned colleges of the appellants?"

After hearing the petitioners, who are colleges that run courses such as Master of Computer Applications (MCA) and Master of Business Administration (MBA) while being part of a University, the Supreme Court ruled in favor of the appellants for Points nos. 1, 2, 4, 5, and 6, while ruling in favor of AICTE for Point no. 3.

The summary part of the judgment states:

"The civil appeals are allowed. The relief sought for in the Writ Petitions is granted in so far as not to seek approval from the AICTE for MBA and MCA courses are concerned."

As far as Point no. 3 is concerned, the Court stated:

"[The MCA course] is a technical education and therefore, it comes within the definition of technical education but for its proper conduct of courses and regulation the role of AICTE must be advisory and for the same, a note shall be given to the UGC for its implementation by it but not the AICTE."

Furthermore, the Court adds:

"… The AICTE Act does not contain any evidence of an intention to belittle and destroy the authority or autonomy of other statutory bodies which they are assigned to perform. Further, the AICTE Act does not intend to be an authority either superior or to supervise or control the universities and thereby superimpose itself upon the said universities merely for the reason that it is laying down certain teaching standards in technical education or programs formulated in any of the department or units. It is evident that while enacting the AICTE Act, the Parliament was fully alive to the existence of the provisions of UGC Act, 1956 particularly, the said provisions extracted above. Therefore, the definition in Section 2(h) technical institution in AICTE Act which authorizes the AICTE to do certain things, special care has consciously and deliberately been taken to make specific mention of university, wherever and whenever the AICTE alone was expected to interact with university and its departments as well as constituent institutions and units. It was held after analyzing the provision of Sections 10, 11 and 12 of the AICTE Act that the role of the inspection conferred upon the AICTE vis-à-vis universities is limited to the purpose of ensuring proper maintenance of norms and standards in the technical education system so as to conform to the standard laid down by it with no further or direct control over such universities or scope for any direct action except bringing it to the notice of UGC."

Therefore, AICTE can only make recommendations to universities and to colleges within universities. It is up to the universities and UGC to act in whatever manner they choose to after considering the AICTE recommendations.

"… it is made clear after careful scanning of the provisions of the AICTE Act and the University Grants Commission Act, 1956 that the role of AICTE vis-à-vis universities is only advisory, recommendatory and one of providing guidance and has no authority empowering it to issue or enforce any sanctions by itself."

AICTE is supposed to regulate stand-alone technical institutions. It has taken upon itself the right to cover colleges and universities, which were specifically excluded from its scope within the AICTE Act. The Court has noted:

"It is also relevant to refer to the exclusion of university from the definition of 'technical institution' as defined under section 2(h) of the AICTE Act. The Institution means an institution not being university, the applicability of bringing the university as defined under clause 2 (f) of UGC Act includes the institution deemed to be a university under Section 3 of the said Act and therefore the affiliated colleges are excluded from the purview of technical institution definition of the AICTE Act. The submission made on behalf of the colleges which are affiliated to the respective universities which are being run by the appellants in the connected appeals will also come within the purview of the university referred to in the above definition of technical institution."

"Therefore, affiliated colleges to the university/universities are part of them and the exclusion of university in the definition of technical institution as defined in Section 2(h) of the AICTE Act must be extended to the affiliated colleges to the university also, otherwise, the object and purpose of the UGC Act enacted by the Parliament will be defeated."

The Court has clarified that the role of the AICTE is only advisory in nature and it can merely give suggestions to the UGC.

"Therefore, it has clearly laid down the principle that the role of the AICTE Act is only advisory in nature and is confined to submitting report or giving suggestions to the UGC for the purpose of implementing its suggestions to maintain good standards in technical education in terms of definition under Section 2(h) of the AICTE Act and to see that there shall be uniform education standard throughout the country to be maintained which is the laudable object of the AICTE Act for which it is enacted by the Parliament. The provisions of the AICTE Act shall be implemented through the UGC as the universities and its affiliated colleges are all governed by the provisions of the said Act under Section 12A of the UGC Act read with Rules Regulations that will be framed by the UGC in exercise of its power under Sections 25 and 26 of the said Act."

In particular, MBA courses have been removed from the purview of AICTE and the Court has ruled that the AICTE Act does not apply to MBA courses run by colleges.

"As per definition of 'technical education' under Section 2(g) of the AICTE Act and non-production of any material by the AICTE to show that MBA course is a technical education, we hold that MBA course is not a technical course within the definition of the AICTE Act and in so far as reasons assigned for MCA course being 'technical education', the same does not hold for MBA course. Therefore, for the reasons assigned while answering the points which are framed in so far as the MCA course is concerned, the approval from the AICTE is not required for obtaining permission and running MBA course by the appellant colleges."

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