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Another v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Adhiyaman Educational & Research Institute | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Others,[l995] 4 SCC 104.1995 Indlaw SC 1631 | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Sri T.L.Viswanatha Iyer also contended that though the State Government stated in its counter affidavit filed in the High Court that the "policy" of the Government was not to grant approval to self-financing engineering colleges to be established,such a policy could not come in the way of the appellant in view of what this Court has stated in similar circumstances in Thirumuruga Kirupan & Variyar Thavathiru Sundara Swamigal Medical Education & Charitable Trust v | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
State of Tamil Nadu & Others,[1996] 3 SCC 15 1996 Indlaw SC 858 | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On the other hand learned Additional Solicitor General Sri Mukul Rohtagi contended on behalf of the State of Kerala that the "Policy" of the State of Kerala at the relevant time was not to grant approval for establish-ment of more engineering colleges in the State | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Government had clarified in the counter affidavit filed in the High Court that the Government "was not in a position" to take a decision to start new engineering colleges,without properly assessing the necessity of more engineering graduates from the State and without exploring the possibility of employment opportunities in the country as a whole | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Also there were four Engineering Colleges at Kannur,Trichur,Kottayam and Thiruvananthapuram Districts and three Private (Aided) Engineering Colleges at Palakkad,Ernakulam (Kothamangalam) and Kollam Districts | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Model Engineering College,Emakulam was a selffinancing Engineering College and others were the colleges at Changannur and Pathansamthitta and there was a self-financing engineering college at Kasargode | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
There were also two unaided Engineering Colleges at Mallappuram and Thiruvananthapuram | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Even though the appellant trust was not seeking aid from the Government and even assuming that it was financially self-sufficient,it would not be in the interests of the students & employment,to permit new engineering colleges to be established | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thus the Government policy was not to grant fresh approvals | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
If more approvals were granted,it might lead to commercialisation of education | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The following points arise for consideration : (1 | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Whether in view of the judgment of this Court in State of Tamil Nadu & Another v | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Adhiyaman Educational & Research Institute & Others,[1995] 4 SCC 104 1995 Indlaw SC 1631,the provisions of the AICTE Act,1987 occupied the field and it was not necessary to obtain the further approval of the Government or other authority | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Whether any statute in the State of Kerala if it required such approval,would be void | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
2) Whether the orders of rejection passed by the State Government were valid on merits and whether the University should have granted further orders to continue the affiliation solely on the basis of the AICTE permission | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Point 1 | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This point is more or less covered by the judgment of this Court in State of Tamil Nadu | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
But,in the context of s.10(K) regarding 'approval' for starting a technical institution,certain aspects of the judgment need to be highlighted | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Before we refer to the abovesaid judgment,it will be necessary to refer to certain provisions of the AICTE Act and the relevant regulations | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The abovesaid Act was an act to provide for the establishment of 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 improvement 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 | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
U/s.10 of the Act,it is stated that it is the duty of the Council constituted under the Act to take all steps as the said Council might think fit for ensuring coordinated and integrated develop-ment of technical education and maintenance of standards | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
For the purposes of performing its functions under the Act,the Council may (a) undertake survey in various fields of technical education,collect data on all related matters and make forecast of the needed growth and development in technical education; (b) coordinate the development of technical education in the country at all levels; (c) allocate and disburse out of the Fund of the Council such grants on such terms and conditions as it may think fit to (i) technical institutions,and (ii) Universities imparting technical education in coordination with the Commission; (d) promote innovations,research and development in established and new technologies,generation adoption and adaptation of new technologies to meet developmental requirements and for overall improve-ment of educational processes; (e) formulate schemes for promoting technical education for women,handicapped and weaker sections of the society; (f) promote an effective link between technical education system and other relevant systems including research and development organisations,industry and the community; (g) evolve suitable performance appraisal systems for technical institutions and Universities imparting technical education,incorpo-rating norms and mechanisms for enforcing accountability; (h) formulate schemes for the initial and in-service training of teachers and identify institutions or centres and set up new centres for offering staff development programmes including continuing education of teachers; (i) lay down norms and standards for courses,curricula,physical and instructional facilities,staff pattern,staff qualifications,quality instructions,assessment and examinations (j) fix norms and guidelines for charging tuition and other fees | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The clause in S.10(1) which is important in the present case is subcl.(k) of s.10(1) and it provides that the Council might "grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Sub-cl.(1) permits the Council to advice the Central Government in certain respects,sub-cl.(m) lay down norms for granting autonomy,subcl.(n) to take necessary steps to prevent commercialisation of technical education,cl.(o) to provide guidelines for admission of students to technical institutions and Universities imparting technical education,cl.(p) to inspect or cause inspection to any technical institution,cl.(q) to withhold or discontinue grant,cl.(r) to strengthen the existing organisa-tions etc.,cl.(s) to declare technical institutions as fit to receive grants,cl.(t) to advice for declaring institutions to be deemed as universities,cl.(u) to set up a National Board of Accreditation | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
S.11 of the Act deals with inspection | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Regulations have been framed on 31st October,1994 by the AICTE in exercise of powers conferred on it by s.23(1) of the AICTE Act | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Regulation 2 states that these regulations will be applicable to proposals relating to "(a) grant of approval of the Council for establishment of new technical institutions including Universities or University depart-ments and deemed Universities and for technical institutions function-ing on the date of commencement of these regulations at Degree and Diploma levels; (b) grant of approval of the Council for introduction of any course or programme in the technical institutions and technical departments or Universities or deemed Universities; (c) grant of approval of the Council for existing intake capacity of seats and for increase in the annual intake capacity of seats in courses and programmes | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Regulation 4 deals with the requirement of grant of approval and for the commencement of these regulations "(a | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
b) no course or programme shall be introduced in any technical institutions,university or deemed university or university departments or college; or (c) no technical institutions,Universities or deemed Universities or University Departments or colleges shall continue to admit students for degree or diploma courses or programmes | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
d) no approved intake capacity of seats shall be increased or varied : except with the approval of the Council | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Reg..4(2 | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Regulation 5 deals with the Forms of the Applications and Regulation 6 deals with the conditions for grant of approval,Sub-cls.1 of Regulation 6 deals with the financial position | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Sub-cl.2 with the courses or programmes and sub-cl.3 deals with the power of admissions and sub-cl.4 with tuition fees etc.and sub-cl.5 with the staff and sub-cl.6 with the Governing Body of the private institutions and subcl.7 with other matters | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Regulation 8 deals with scrutiny of applications | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
There is a prelimi-nary scrutiny of the applications by the Bureau RC of the Council | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Sub-cl.4 of Regulation 8 reads as follows | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Reg.8(4 | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Bureau RC shall invite comments/recommendations on the applications referred to in sub-regulation (3) from the follow-ing,namely | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
i) the State Government concerned ; (ii) the affiliating University/State Board of Technical Education; (iii) Bureaus MPCD; (iv) Bureau BOS; (v) Bureau RA; (vi) the Regional Office | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Sub-cl.5 of Regulation 8 requires the Regional Office to arrange visits by an Expert Committee constituted by the Council which is to forward its recommendations to the Council | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Sub-cl.6 of Regulation 8 states that the State Level Committee constituted under Regulation 9(4) is to consider the recommendations of the State Government and others mentioned in regulation 8(4) and that it is to make its recommendations to the Central Task Force constituted under regulation 9(5) and consider the recommendations of the State Level Committee and send its recommendations to the Member Secretary of the Council | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Sub-cls.8 | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
9 of Regulation 8 are important and read as follows : "Reg.8(8) If there is a disagreement in the recommendations made by the State Government,University or the Regional Committee,the Central Task Force shall invite representatives of the respective agencies for further consultations before making final recommenda-tion; (9 | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On the recommendation of the Central Task Force,the Council shall decide the question of grant of approval as sought for in the application | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Provided that the Council may,for reasons to be communicated to the applicant,allow the approval with such restrictions or modifications as it may deem necessary | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Sub-cl.10 of Regulation 8 states that the decision of the Council shall be communicated to the State Government concerned or the UGC,as the case may be,the concerned University or the State Board,the Regional Office and the applicant before 30th April in case the application was made before the preceding 31st December | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Tamil Nadu case | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
As stated earlier,the above provisions of the AICTE Act,came up for consideration in State of Tamil Nadu v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Adhiyaman Educational & Research Institute,[1995] 4 SCC 104 1995 Indlaw SC 1631 | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the above matter,the State of Tamil Nadu granted permission on 17.4.84 to all private managements to start private Engineering colleges without financial commitment to government but subject to conditions | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
At that time in 1984,the AICTE Act was not on the statute book | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Government of Tamil Nadu granted permission to the Trust for the academic year 1987-88 to start an Engineering college | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The University also granted permission on 21.11.87 for the academic year 1987 | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
88.Later on,these permissions were withdrawn by the State after issuing show cause on 16.7.89.So did the University on 26.7.89.But by that date,the AICTE Act,1987 had come into force | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The learned Single Judge and the Division Bench held in favour of the Trust and quashed and orders of the Government and the University | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The said judgments were affirmed by this Court | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It was held that the AICTE Act was referable to Entry 66,List | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
I of the Constitution of India,relating to "coordination and determination of standards in institutions for higher education or research and scientific and technical institutions".After the Constitutional Amendment (42 Amendment Act,1976) Entry 25 of List III in the Concurrent List | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
read : "Education,included technical education,medical institution and Universities,subject to the provisions of Entries 63,64,65 and 66 of List I; vocational and technical training of labour".Thus,the State law under Entry 23 of List III would be repugnant to any law made by the Parliament under Entry 66 of List I,to the extent of inconsistency | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Tamil Nadu Act was of 1976 and the University Act was of 1923 and were laws referable to the List | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
III.Whether | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
they were preconstitutional or a post constitutional laws,they would be repugnant to the AICTE Act passed by Parliament under Entry 66 of List | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
I.In the above case this Court referred to the various provisions of the AICTE Act and on the question of repugnancy held as follows | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Hence on the subjects covered by the statute,the State could not make a law under Entry 25 of List III after the Forty-Second Amendment | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
If there was any such existing law immediately before the commencement of the Constitution within the meaning of Art.372 of the Constitution,as the Madras University Act 1923 on the enactment of the present Central Act,the provisions of the said law if repugnant to the provisions of the Central Act would stand impliedly repealed to the extent of repugnancy | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Such repugnancy would have to be adjudged on the basis of the tests which are applied for adjudging repugnancy u/art.254 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We shall now refer to the above judgment dealing with the question of 'approval' for establishing technical institutions under s.10(K) of the AICTE Act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Tamil Nadu Rules of 1976 made under the 1976 Act had no doubt excluded technical institutions from the purview of the Rules but this Court pointed out that the Rules were capable of being amended so as to extend to such technical institutions and that if they were so extended,the State Act of 1976 and the Rules would require "approval' by the State Government and that would be void | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It was stated that inasmuch as the State Act, "will overlap and will be in conflict with the provisions of the Central Act in various areas | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
granting approval for starting new technical institution | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
inspection of technical institution ............which are matters covered by the Central Act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This Court then referred to the Madras University Act,1923.It was held that s.10 of the Central Act dealt with various matters (including granting approval for starting new technical institutions),and that so far as these matters were concerned | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
it is not the University Act and the University but it is the Central Act and the Council created under it which will have the jurisdiction | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
To that extent,after the coming into force of the Central Act,the provisions of the University Act will be deemed to have become unenforceable | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thus,in the two passages set out above,this Court clearly held that because of s.10(k) of the Central Act which vested the powers of granting approval in the Council,the T.N.Act of 1976 and the University Act,1923 could not deal with any questions of 'approval' for establishment of technical institutions | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
All that was necessary was that under the Regulations,the AICTE Council had to consult them | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Statutory powers of the State of Kerala and the M.G.University | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The question is as to how far the judgment in the Tamil Nadu case is to be applied in the State of Kerala | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Learned Additional Solicitor General stated before us that there was no statute in the State of Kerala corresponding to the Tamil Nadu Act of 1976 nor any other law which specifically required the 'approval' of the State Government | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It was however contended that the Tamil Nadu case was concerned only with the standards of education and as to who could fix them | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We are not inclined to agree | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We have already pointed out under Point 1 that in the Tamil Nadu case,s.10(k) of the AICTE Act was referred to and the power of 'approval' for establishing a technical institution was considered,in our opinion,even if there was a State law in the State of Kerala which required the approval of the State Government for establishing technical institutions,such a law would have been repugnant to the AICTE Act and void to that extent,as held in the Tamil Nadu case | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The only provision relied on before us by the State Government which according to its learned senior counsel,amounted to a statutory requirement of 'approval' of the State Government,was the one contained in cl.9(7) of the Kerala University First Statute | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It reads as follows : " Grant of affiliation : (1 | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
After considering the report of the Commission and the report of the local inquiry,if any,and after making such further inquiry as it may deem necessary,the Syndicate shall decide,after ascer-taining the view of the Government also,whether the affiliation be granted or refused,either in whole or part | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In case affiliation is granted,the fact shall be reported to the Senate at its next meet-ing | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It will be noticed that cl.9(7) of the statute required that before the University took a decision on "affiliation",it had to ascertain the "views" of the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The reference to the Commission in the above cl.9(7) is to the Commission of Inspection appointed by the University | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Sub-cl.(1) of cl.(9) of the statute required "verification of the facilities that may exist for starting the new colleges/course".The Commission was to inspect the site,verify the title deeds as regards the proprietary right of the management over the land (and buildings,if any) offered,building accommodation provided,if any,assets of the management,constitution of the registered body and all other relevant matters,Sub-cl.(2) of cl.(9) stated that the affiliation "shall depend upon the fulfilment by the management of all the conditions for the satisfactory establishment and maintenance of the proposed institutional courses of studies and on the reports of inspection by the Commission or Commissions which the University may appoint for the purpose | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
As held in the Tamil Nadu case,the Central Act of 1987 and in particular,s.10(k) occupied the field relating the 'grant of approvals' for establishing technical institutions and the provisions of the Central Act alone were to be complied with | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
So far as the provisions of the Mahatma Gandhi University Act or its statutes were concerned and in particular statute 9(7),they merely required the University to obtain the 'views' of the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
That could not be characterised as requiring the "approval' of the State Government | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
If,indeed,the University statute could be so inter-preted,such a provision requiring approval of the State Government would be repugnant to the provisions of s.10(k) of the AICTE Act,1987 and would again be void | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
As pointed out in the Tamil Nadu case there were enough provisions in the Central Act for consultation by the Council of the AICTE with various agencies,including the State Governments and the Universities concerned | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The State Level Committee and the Central Regional Committees contained various experts and State representatives | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In case of difference of opinion as between the various consultees,the AICTE would have to go by the views of the Central Task Force | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
These were sufficient safeguards for ascertaining the views of the State Governments and the Universities | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
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