Ordinance for restoring AICTE powers: HRD Min clears proposal

The HRD Ministry today cleared a proposal to bring an ordinance restoring the powers of AICTE after a Supreme Court ruling that it was only an advisory body and colleges affiliated to various universities are not required to take its approval for running MBA programmes.
The proposal to amend the All India Council for Technical Education (AICTE) Act through the ordinance route was cleared by HRD Minister M M Pallam Raju and has been sent to the Law Ministry, said ministry officials.
They said since the matter required immediate attention to stop mushrooming of institutes offering management programme, the ordinance is being brought in.

The apex court in its ruling in April had said that as per provisions of the AICTE Act and UGC Act, the former 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," the SC bench of Justices BS Chauhan and V Gopala Gowda said.

The court also said MCA is a technical course while MBA is "not a technical course" within definition of AICTE Act.
Ministry officials said the ordinance would seek to rectify the anomalies by redefining technical education and making clear mention of institutes and universities which require the prior AICTE approval.