- (1.) The appellants filed these civil appeals questioning the correctness of the common judgment and order dated 19.11.2003 passed by the High Court of judicature at Madras in W.A. 2652 of 2001, W.A. No. 3090 of 2001, WA 2835 of 2001, WA 3087 of 2001, WA 2836 of 2001, WA 3091 of 2001, WA 3092 of 2001, WA 2837 of 2001, WA 3088 of 2001, WA 2838 of 2001 and WA 3089 of 2001, dismissing the writ appeals thereby affirming the dismissal of writ petitions by wrongly interpreting the provisions of All India Council for Technical Education Act, 1987 (for short AICTE Act) and held that even though the University is not required to take permission from the All India Council for Technical Education (for short AICTE), its affiliated colleges are required to do so. Further, the High Court has held, while dismissing the writ appeals, that the appellant colleges should get its course of MCA ratified by AICTE as per the prescribed format which according to the appellants herein is in contravention of settled principles of interpretation of Statutes and also runs contrary to the law laid down by this Court in case of Bharathidasan University & Anr. Vs. AICTE & Ors., 2001 8 SCC 676.
(2.) Certain relevant facts in relation to the appeals are stated hereunder:-- The appellant colleges in the State of Tamil Nadu are running Arts and Science courses. Most of them are affiliated to Bharathidasan University and some of them are affiliated to Manonmaniam Sundaranar University. The member colleges of the appellant in C.A.No.1145 of 2004 and the appellants in the connected appeals are running MCA course which have so far not obtained the approval of the AICTE. According to the information placed before the Court by the AICTE, as of the academic year 2001-2002, there were 865 institutions in the country offering 40,792 seats for the MCA course which had the approval of the AICTE. Within the State of Tamil Nadu the number of institutions which have received such approval are 208. As per the affidavit filed on behalf of the State, it is stated that apart from the member colleges of the first appellant and colleges of the second appellant, all other institutions offering MCA have obtained the approval of the AICTE.
(3.) Regulations 1994 have been prescribed in Form II which is in terms of Regulation 5(2)(b) and were framed pursuant to Section 10(k) of the AICTE Act for grant of approval to the colleges who have started new technical institutions, introduction of courses or programmes and approval of intake capacity of seats for the courses or programmes. Form II is titled "Application for Existing Institution(s) seeking AICTE approval without additional course(s) and/or additional intake(s) in engineering/technology, architecture, pharmacy, applied arts, etc.";