In a decision that is bound to streamline setting up of technical educational institutions in the country, the Supreme Court recently held that any college or institution that gets clearance from the AICTE cannot be denied affiliation by a State Government or its affiliate University.
The bench of Justices J Chelameswar and AK Sikri held that the exclusive right to grant approval for starting new technical institutions or introduction of new courses in this field is vested with the AICTE under the AICTE Act 1987. In the event, the state government spots any shortcoming to deny affiliation to an institute or body already approved by AICTE, "the only course of action available for the respondent (State) is to bring the shortcomings noticed by them to the notice of the AICTE and seek appropriate action against the said college."
Under the prevailing system, an institute or college imparting technical courses was left at the mercy of the state University for grant of affiliation despite the All India Council for Technical Education (AICTE) certifying it to be fit for setting up or running the professional courses.
The Court was faced with a similar instance from Chhattisgarh where despite getting AICTE approval, a Bhilai-based engineering college was refused affiliation by the Chhattisgarh Swami Vivekanand Technical University, established under State Act.
Interestingly, the University cited a host of objections to disqualify the college without realising that on all these counts, the AICTE had inspected the college and found it to be matching the requisite standards. Due to clash of views, the college initially admitted students in 2013-14 batch but half-way through failed to get affiliation from the said University.
Spotting this dichotomy, the bench felt it appropriate to vest authority with AICTE and allowed it full freedom and authority to grant approval to colleges. Once this stage is over, state governments and Universities will have to offer affiliation or at best point out the shortcomings to AICTE for appropriate action.