DORAHA INSTITUTE OF MANAGEMENT AND TECHNOLOGY Vs. STATE OF PUNJAB THROUGH PRINCIPAL SECRETARY TO GOVT. OF PUNJAB

JUDGEMENT

(1.) Is the condition of eligibility as laid down by the Punjab Government vide notification dated May 6, 2002 for admission to the Masters of Computer Application programme ultra-vires the All India Council for Technical Education Act, 1987 This is the short question that arises for consideration in this petition. A few facts may be noticed.

(2.) The four petitioners are running technical institutions. They are conducting amongst others, a three year course leading to the degree of Master of Computer Application. The petitioners allege that the norms and standards for this course have been laid-down by the All India Council for Technical Education (for short, 'the Council') in exercise of the powers under the All India Council for Technical Education Act, 1987 (for short 'the Act'). It is the case of the petitioners that Section 10 of he Act authorises the Council to "provide guidelines for admission of students to technical institutions and Universities imparting technical training." In exercise of this power, the Council has issued the requisite guidelines and laid-down the qualifications for admission as also the selection procedure. These are contained in paragraphs 4.0 and 5.0 which reads as under :-

(3.) The petitioners allege that in violation of the guide-lines given by the Council, the State Government has issued a notification dated May 6, 2002. It has inter-alia laid down the following conditions of eligibility :-