Management Studies Promotion Institute
(Registered Under Societies Registration Act of 1860) - Regd No S/12884
M-30, Dewan House,
Ajay Enclave (Near Tilak Nagar),
New Delhi - 110018
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Supreme Court has ruled on April 25 2013 that an “AICTE approval is not required for private colleges running University-approved MBA programmes”. A two-judge bench of Justices BS Chauhan and V GopalaGowda on April 25 held that MBA programmes can’t be defined as technical programmes and the AICTE is not authorised to set standards as Parliament had already enacted UGC Act for the same.
Para 39 of the Supreme Court order shakes the foundational architecture of AICTE’s power to grant approval. The Supreme Court records “A careful reading of sub-sections (2)(c), (3), (4) and (5) of Section 12A of the UGC Act makes it abundantly clear about colleges which are required to be affiliated to run the courses for which sanction/approval will be accorded by the university or under the control and supervision of such universities. Therefore, affiliated colleges to the university/universities are part of them and the exclusion of university in the definition of technical institution as defined in Section 2(h) of the AICTE Act must be extended to the affiliated colleges to the university also. Otherwise, the object and purpose of the UGC Act enacted by the Parliament will be defeated.”
“As per definition, we hold that MBA course is not a technical course within the definition of the AICTE Act. Therefore, the approval from the AICTE is not required for obtaining permission and running MBA course by the appellant colleges,” the SC bench said.
The order came following a number of appeals filed by Association of Management of Private Colleges along with some other colleges which defied the AICTE order directing them to seek prior approval for starting MBA programmes.
According to the judgement by SC, the role of All India Council for Technical Education (AICTE) is only “advisory” and as per provisions of the AICTE Act and UGC Act, the council has no authority which empowers it to issue or enforce any sanctions on colleges affiliated with the universities as its role is to provide guidance and recommendations. “Also, from the reading of paragraphs 19 and 20 of ‘Parashvanath Charitable Trust case’ it is made clear after careful scanning of the provisions of the AICTE Act and the University Grants Commission Act, 1956 that the role of AICTE vis-a-vis universities is only advisory, recommendatory and one of providing guidance and has no authority empowering it to issue or enforce any sanctions by itself,” it said.
In favour of the Supreme Court ruling, Professor Anand Wadadekar shared his personal opinion, “In my past 10 years of career counseling experience, there were students who asked me that was a particular PG course approved by AICTE in spite of that particular course being already affiliated to a Statutory University. The impact and importance of AICTE recognition has been tremendous on the minds of parents and students. Many genuine institutes in India could not get students to their courses, just because they did not have AICTE recognition, which is now being proved as ‘not required’. I very much agree with SC’s statement, that how can ‘management science’ be treated as technical education? Personally, there has been a huge understanding gap at the authority level and the sufferers are genuine institutions, students and parents.”
Disclaimer: This is Not an official authorised website of the Institute.
The information placed on this Website is meant for providing basic information about the Institute, its constituents, its officials, the heads of the Institutions, its departments and about the services offered by the Institute.
This does not make any warranty that information contained on this Website, or on any site linked to this Website, is complete, accurate or up-to-date; and it is not responsible for the results of reliance on any such information.
This site accepts no responsibility or liability for any material / content communicated / posted via the Website in as much as it does not exercise editorial control over any content posted to the Website.
The website is entitled to in its sole discretion to remove any content which in its view is objectionable. It is also entitled to edit or delete any comments posted by users which it deems defamatory, unlawful, threatening or otherwise objectionable.
This site is only for information and will undertake no liability for any loss or damage which may be suffered by other parties as a direct or indirect result of using this Website.
This is Not an official authorised page of the institute.
