Indian Kanoon - Search engine for Indian Law

20. In the circumstances where, the conduct of annual Counseling after the completion of Education Common Entrance Test - 2022, there is a necessity for having a supervisory Authority on all the Universities limited to the smooth conduct of „EdCET‟ as well as the consequential counseling. In the state of Andhra Pradesh a supervisory body called the Andhra Pradesh State Council of Higher Education (APSCHE) has been established under the Andhra Pradesh State Council of Higher Education Act, 1988, under which said APSCHE empowered to perform certain ancillary and incidental functions for conduct of Common Entrance Test and the consequential counseling for admission into the courses, and would embrace within itself the power to supervise all the Universities under its jurisdiction to ensure that all the Universities would follow with one single schedule for effecting the admissions. The process of affiliations and process of conduct of Common Entrance Test and the consequential admission cannot be viewed as activities which have no connection with each other. Rather the process of grant of recognition by NCTE, grant of affiliation by an University and the conduct of the common Entrance Test and the consequent admission process are interrelated and interdependent. Therefore, a comprehensive schedule has to be formulated and fixed by the APSCHE to ensure that the entire process commencing from grant of affiliation up to the completion of admission process shall go on smoothly.

23. This Court is constrained to make the above mentioned observations after having noticed in the impugned Proceeding (in W.P.No.2105 of 2023) that the deficiencies that were identified afresh were also directed to be cured which is made as a condition precedent for permitting admissions. The Hon‟ble Apex Court in Maa Vaishno Devi Mahila Mahavidyalaya's case had dealt with the powers of NCTE, the powers of the State Government and the University as the case may be concerning the grant of Recognition and grant of Affiliation at the time of commencement of an institution. The Hon‟ble Apex Court had clearly stated that the actions and activities of the State Government or the University shall not touch upon the areas which are reserved for the NCTE. In this view of the matter, this Court is inclined to issue certain directions in respect of the inspections because the period within which the Inspections are to be concluded has a direct bearing on the admission process.