INDRAJEET KATHURIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the writ petition, prayer has been made to direct respondents No.1 to 4 to take action against respondent No.5-Jaipur Engineering College and Research Centre(JECRC) University (hereinafter referred to as 'the JECRC University') as it has not obtained prior approval from the All India Council for Technical Education (AICTE) and University Grants Commission (UGC); respondent No.5 be also restrained from giving admissions.

(2.) IT is averred in the petition that the Rajasthan Private Universities Act, 2005 (hereinafter referred to as 'the Act of 2005') which came into force in the year 2005, provides that a private University can be established by issuing a notification in the Office Gazette and the decision being taken by the State Government in accordance with law. Under Section 3 of the University Grants Commission Act, 1956 (hereinafter referred to as 'the Act of 1956'), Deemed to be University status is granted by the Central Government to those educational institutions of repute, which fulfill the prescribed standards and comply with various requirements laid down by the UGC. In exercise of powers conferred by clauses (f) and (g) of Section 26(1) of the Act of 1956, the UGC has framed the regulations called the "UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003, which shall apply to every private University established under a State Act. As per Regulation 3.4 of the Regulations of 2003, it is necessary that a private University shall fulfill the minimum criteria in terms of the programmes, faculty, infrastructural facilities, financial viability etc. as laid down from time to time by the UGC and other concerned statutory bodies such as the AICTE, Bar Council of India, Distance Education Council, Dental Council of India, Indian Nursing Council, Medical Council of India, National Council for Teachers Education, Pharmacy Council of India. Approval/Certificate is also required to be obtained from the UGC and AICTE under Section 39 of the Act of 2005.

(3.) IN the reply filed by respondents No.2 to 4, it is contended that as per clause 3(e) and 4.1 of the AICTE (Grant of Approvals for Technical Institutions) Regulations, 2011, for professional courses prior approval of AICTE has to be obtained. The AICTE has issued public notice Annexure-R/1; AICTE has also framed the Regulations called the "All India Council for Technical Education (Information for Maintenance of Standards and Conduct of Inspection of Technical Entities of Universities) Regulations, 2012 (hereinafter referred to as 'the Regulations of 2012'), which were notified on 11.6.2012 and published in the Official Gazette on 25.6.2012 in which certain definitions have been laid down and even the departments of the Universities have been included. Now the inspection of the departments of universities can be carried out by the AICTE in terms of the aforesaid Regulations of 2012 and in case, any violation of norms, standards etc. laid down therein is found, on recommendation to be made by the AICTE to the concerned authorities, appropriate action can be taken.