Full Judgment Text
2011:BHC-AS:29450-DB
Dmt 1 wp10925-11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10925 OF 2011
The Association of Management of
Unaided Engineering Colleges (Mah.) .. Petitioner.
versus
All India Council for Technical
Education & Ors. .. Respondents.
.....
Mr. Rajeev Kumar with Mr. Kapil Moye i/by Mr. Sandeep R.
Waghmare for the Petitioner.
Mr. Ashutosh Kumbhkoni with Mr. Rui Rodrigues
for Respondent No. 1.
......
CORAM : DR.D.Y.CHANDRACHUD &
A. A. SAYED, JJ.
20 DECEMBER 2011.
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ORAL JUDGMENT : (PER DR.D.Y.CHANDRACHUD, J.
In these proceedings under Article 226 of the
Constitution the Petitioner seeks to challenge a stipulation
contained in Appendix 10 of the Approval of Process Hand
Book of the All India Council for Technical Education for the
Academic Year 20122013. The stipulation provides for a
mandatory subscription to eJournals as a condition for the
grant of approval. The challenge of the Petitioner to this
stipulation is on the following grounds :
(i) The All India Council for Technical Education has
only recommendatory powers under Section 10 of
the All India Council for Technical Education Act,
1987;
(ii) The stipulation that Colleges must purchase e
Journals is likely to affect the fee structure;
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(iii) Colleges have to obtain affiliation from the State
University under The Maharashtra Universities Act,
1994 from time to time and the Board of Studies
requires library facilities as a condition for
affiliation.
2. The First Respondent has filed an affidavit of its
Regional Officer in reply. In the affidavit it has been stated
that for the forthcoming academic session 20122013, uploading
of the Approval Process Hand book on the web portal of
AICTE was carried out and made effective from 6 October 2011.
According to the approval process as amended till date, each
institute has to opt from different bouquets of ejournals ‘ ’
available for its class. The requirement to have a particular
bouquet of ejournals relevant to the discipline was the
outcome of a comprehensive expert exercise conducted by a
high powered committee consisting of five Vice Chancellors and
three Directors, cutting across disciplines. The Council at a
meeting held on 13 September 2011 accepted the Report which
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culminated in the policy decision reflected in Appendix 10 of
the Approval Process Handbook. The AICTE has clarified that
in order to ensure that the bouquets of eJournals are available
on competitive terms to institutions, AICTE conducted
negotiations on the best possible rates which have the option
of unlimited download for unlimited number of users for
member institutions. However, the AICTE has not made it
compulsory that individual institutions should subscribe to
eJournals from a particular vendor prescribed by AICTE or at
a price prescribed by AICTE. The only requirement is that the
institution has to be a subscriber for unlimited downloads for
unlimited number of users amongst the options available from
a specific programme.
3. Counsel appearing on behalf of the First
Respondent has, during the course of submissions, reiterated
what is stated in the affidavit and submitted that the AICTE
has not transgressed the limitations on its powers under the
Act.
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4. The All I ndia Council for Technical Education Act,
1987 is an Act to provide for the establishment of an All India
Council for Technical Education with a view to the proper
planning and coordinated development of the technical
education system throughout the country, the promotion of
qualitative improvements of such education in relation to
planned quantitative growth and the regulation and proper
maintenance of norms and standards in the technical education
system and for matters connected therewith. Section 10 of
the Act provides that it shall be the duty of the Council to
take all such steps as it may think fit for ensuring coordinated
and integrated development of technical education and
maintenance of standards for the purposes of performing its
functions under the Act. The Council may, inter alia, promote “
innovations research and development in established and new
technologies, generation, adoption and adaptation of new
technologies to meet developmental requirements and for
overall improvement of educational processes. (clause d) ”
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Parliament has conferred wide powers on the Council to take
all such steps as it may think fit to ensure coordinated and
integrated development of technical education and maintenance
of standards. Information technology is an indispensable
source of knowledge in the contemporary age. The All India
Council for Technical Education as an expert body subscribes to
the view that institutions must, with a view to ensuring quality
education provide access to eJournals. The decision of the
Counsel as an expert body, cannot be questioned under Article
226 of the Constitution. The power of the Council under
Section 10 is not recommendatory. Parliament having
conferred a duty upon the Council, the Council must
necessarily have the mandate to enforce its obligations under
the Act. The Court is informed that initially, AICTE made it
mandatory for institutions to purchase conventional hard copies
of Journals. Presently the purchase of hard copies has been
made desirable and therefore optional, and the saving which “ ”
is generated in not being required to purchase hard copies of
Journals as a mandatory requirement can well be utilised for
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purchasing eJournals. Moreover, it has been clarified on
affidavit as well as before the Court that AICTE does not
mandate that institutions purchase eJournals from a particular
vendor or at a particular price. Institutions have been left, if
they so desire, to negotiate even better terms than those which
were negotiated by AICTE. Institutions are at liberty to choose
vendors who offer them the most competitive price. Counsel
appearing on behalf of the AICTE has further stated before the
Court that AICTE has decided not to decline renewal of
approvals for academic year 20122013, for noncompliance of
the requirement but, it is expected that all institutions must
fulfill the requirement in due course. However, it has been
stated that AICTE will not grant permission for additional
courses or enhancement of intake capacity unless the
requirement is complied with. We are of the view that there
is no merit in the submission that AICTE has acted ultra vires
its powers or that, the direction will amount to an insuperable
financial burden on institutions.
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5. The Petition is accordingly disposed of in the
aforesaid terms. There shall be no order as to costs.
(Dr. D.Y. Chandrachud, J.)
(A. A. Sayed, J.)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10925 OF 2011
The Association of Management of
Unaided Engineering Colleges (Mah.) .. Petitioner.
versus
All India Council for Technical
Education & Ors. .. Respondents.
.....
Mr. Rajeev Kumar with Mr. Kapil Moye i/by Mr. Sandeep R.
Waghmare for the Petitioner.
Mr. Ashutosh Kumbhkoni with Mr. Rui Rodrigues
for Respondent No. 1.
......
CORAM : DR.D.Y.CHANDRACHUD &
A. A. SAYED, JJ.
20 DECEMBER 2011.
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ORAL JUDGMENT : (PER DR.D.Y.CHANDRACHUD, J.
In these proceedings under Article 226 of the
Constitution the Petitioner seeks to challenge a stipulation
contained in Appendix 10 of the Approval of Process Hand
Book of the All India Council for Technical Education for the
Academic Year 20122013. The stipulation provides for a
mandatory subscription to eJournals as a condition for the
grant of approval. The challenge of the Petitioner to this
stipulation is on the following grounds :
(i) The All India Council for Technical Education has
only recommendatory powers under Section 10 of
the All India Council for Technical Education Act,
1987;
(ii) The stipulation that Colleges must purchase e
Journals is likely to affect the fee structure;
::: Downloaded on - 01/04/2024 15:37:23 :::
Dmt 3 wp10925-11
(iii) Colleges have to obtain affiliation from the State
University under The Maharashtra Universities Act,
1994 from time to time and the Board of Studies
requires library facilities as a condition for
affiliation.
2. The First Respondent has filed an affidavit of its
Regional Officer in reply. In the affidavit it has been stated
that for the forthcoming academic session 20122013, uploading
of the Approval Process Hand book on the web portal of
AICTE was carried out and made effective from 6 October 2011.
According to the approval process as amended till date, each
institute has to opt from different bouquets of ejournals ‘ ’
available for its class. The requirement to have a particular
bouquet of ejournals relevant to the discipline was the
outcome of a comprehensive expert exercise conducted by a
high powered committee consisting of five Vice Chancellors and
three Directors, cutting across disciplines. The Council at a
meeting held on 13 September 2011 accepted the Report which
::: Downloaded on - 01/04/2024 15:37:23 :::
Dmt 4 wp10925-11
culminated in the policy decision reflected in Appendix 10 of
the Approval Process Handbook. The AICTE has clarified that
in order to ensure that the bouquets of eJournals are available
on competitive terms to institutions, AICTE conducted
negotiations on the best possible rates which have the option
of unlimited download for unlimited number of users for
member institutions. However, the AICTE has not made it
compulsory that individual institutions should subscribe to
eJournals from a particular vendor prescribed by AICTE or at
a price prescribed by AICTE. The only requirement is that the
institution has to be a subscriber for unlimited downloads for
unlimited number of users amongst the options available from
a specific programme.
3. Counsel appearing on behalf of the First
Respondent has, during the course of submissions, reiterated
what is stated in the affidavit and submitted that the AICTE
has not transgressed the limitations on its powers under the
Act.
::: Downloaded on - 01/04/2024 15:37:23 :::
Dmt 5 wp10925-11
4. The All I ndia Council for Technical Education Act,
1987 is an Act to provide for the establishment of an All India
Council for Technical Education with a view to the proper
planning and coordinated development of the technical
education system throughout the country, the promotion of
qualitative improvements of such education in relation to
planned quantitative growth and the regulation and proper
maintenance of norms and standards in the technical education
system and for matters connected therewith. Section 10 of
the Act provides that it shall be the duty of the Council to
take all such steps as it may think fit for ensuring coordinated
and integrated development of technical education and
maintenance of standards for the purposes of performing its
functions under the Act. The Council may, inter alia, promote “
innovations research and development in established and new
technologies, generation, adoption and adaptation of new
technologies to meet developmental requirements and for
overall improvement of educational processes. (clause d) ”
::: Downloaded on - 01/04/2024 15:37:23 :::
Dmt 6 wp10925-11
Parliament has conferred wide powers on the Council to take
all such steps as it may think fit to ensure coordinated and
integrated development of technical education and maintenance
of standards. Information technology is an indispensable
source of knowledge in the contemporary age. The All India
Council for Technical Education as an expert body subscribes to
the view that institutions must, with a view to ensuring quality
education provide access to eJournals. The decision of the
Counsel as an expert body, cannot be questioned under Article
226 of the Constitution. The power of the Council under
Section 10 is not recommendatory. Parliament having
conferred a duty upon the Council, the Council must
necessarily have the mandate to enforce its obligations under
the Act. The Court is informed that initially, AICTE made it
mandatory for institutions to purchase conventional hard copies
of Journals. Presently the purchase of hard copies has been
made desirable and therefore optional, and the saving which “ ”
is generated in not being required to purchase hard copies of
Journals as a mandatory requirement can well be utilised for
::: Downloaded on - 01/04/2024 15:37:23 :::
Dmt 7 wp10925-11
purchasing eJournals. Moreover, it has been clarified on
affidavit as well as before the Court that AICTE does not
mandate that institutions purchase eJournals from a particular
vendor or at a particular price. Institutions have been left, if
they so desire, to negotiate even better terms than those which
were negotiated by AICTE. Institutions are at liberty to choose
vendors who offer them the most competitive price. Counsel
appearing on behalf of the AICTE has further stated before the
Court that AICTE has decided not to decline renewal of
approvals for academic year 20122013, for noncompliance of
the requirement but, it is expected that all institutions must
fulfill the requirement in due course. However, it has been
stated that AICTE will not grant permission for additional
courses or enhancement of intake capacity unless the
requirement is complied with. We are of the view that there
is no merit in the submission that AICTE has acted ultra vires
its powers or that, the direction will amount to an insuperable
financial burden on institutions.
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5. The Petition is accordingly disposed of in the
aforesaid terms. There shall be no order as to costs.
(Dr. D.Y. Chandrachud, J.)
(A. A. Sayed, J.)
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