AICTE: Seven Illusive Myths vs Seven Magnificent Facts

AICTE REGULATIONS,

Public Charitable Trusts/Societies,

Private Self-financed Technical Institutions,

Seven Illusive Myths vs Seven Magnificent Facts

In light of the legal landscape, the All India Council for Technical Education (AICTE) Regulations, as articulated in the central Gazette notification under the AICTE Act of 1987, possess the force of law. These regulations are presented to the Parliament in accordance with Section 24 of the AICTE Act of 1987, as such are binding on all the technical institutions coming under the purview of the AICTE

Outlined below are some common misconceptions concerning:

(i) the approval by the AICTE,

(ii) the permission by the State Government, and

(iii) the affiliation by the University/MSBTE,

as they pertain to Private Self Financing Technical institutions, contrasted with the facts.

Myth-1:

Public Charitable Trusts / Societies possess complete autonomy in operating non-aided engineering colleges / technical institutions without adhering to established norms and requirements.

Fact-1:

Public Charitable Trusts / Societies are beholden to the Charity Commissioner in terms of their actions relative to the byelaws of the Trust. Such charitable trusts must operate unaided engineering colleges/ technical institutions as beneficiaries, conforming strictly to the stipulations and mandates of the statutory bodies.

(Reference: SCC TMA Pai Foundation vs State of Karnataka, Decided on 31 October 2002 and implemented by the Maharashtra Government Resolution dated 16 April 2003)

Myth-2:

Unaided engineering colleges under Public Charitable Trusts / Societies obtain approval/extension from the AICTE without the need to abide by the AICTE norms and prerequisites.

Fact-2:

When the AICTE grants approval/extension to unaided engineering colleges under Public Charitable Trusts / Societies, it mandates an undertaking from the Trust/Society. This formal agreement ensures compliance with the AICTE norms and requirements.

(Reference: SCC Parshavnath Trust vs AICTE)

Myth-3:

The AICTE norms and prerequisites merely serve as guidelines, subject to the discretion of the Trust/Society or the technical institution.

Fact-3:

The AICTE norms and requirements are binding, carrying the force of law since they are notified in the gazette under the AICTE Act 1987. Trusts/Societies or technical institutions that don't adhere to these norms are susceptible to legal repercussions.

(Reference: SCC Parshavnath Trust vs AICTE)

Myth-4:

Trusts/Societies and AICTE-approved technical institutions can choose between adhering to the AICTE Regulations or the State Government Resolutions (GRs).

Fact-4:

Trusts/Societies and AICTE-approved technical institutions are obligated to follow the AICTE Regulations for all unaided self-financed technical institutions, as delineated by the Maharashtra State Government Resolution dated 16th April 2003. This resolution is founded on the Supreme Court Constitutional Bench Judgement in TMA Pai Foundation and Others vs. State of Karnataka and Ors., dated 31 October 2002. The State government GRs mainly cater to Government and Government Aided institutions and should align with the AICTE Regulations.

Myth-5:

Unaided technical institutions managed by Charitable Trusts must conform to UGC norms for affiliation and aspects like faculty appointments and pay scales.

Fact-5:

Unaided technical institutions run by Charitable Trusts should adhere to AICTE norms. These norms are defined under the UGC Regulation for Affiliation of Colleges by the universities in 2009. The university oversees the procedural aspects, ensuring compliance with the aforementioned norms for affiliation, faculty appointments, pay scales, and more.

Myth-6:

Public Charitable Trusts may have the discretion to overlook AICTE norms concerning faculty appointments, pay scales, and service conditions for Unaided technical institutions since they aren’t recipients of government grants.

Fact-6:

Public Charitable Trusts are compelled to comply with AICTE norms regarding faculty appointments, pay scales, and service conditions for Unaided technical institutions. This holds true irrespective of their grant status, as dictated by periodically gazette-notified AICTE Regulations on the Grant of Approval to technical institutions.

Myth-7:

Public Charitable Trusts have the autonomy to establish and oversee technical institutions independently just with the permission of the state government, without the constraints of AICTE Regulations.

Fact-7:

According to the Maharashtra Act XX of 2013 concerning Unauthorized Private Educational Institutions in the state, any Trust/Society or company must obtain prior approval from the AICTE, the official Regulating Authority, before offering any technical courses specifically in the state of Maharashtra.