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“27. The provisions of the State Act enumerated above show that
if it is made applicable to the technical institutions, it will overlap
and will be in conflict with the provisions of the Central Act in
various areas and, in particular, in the matter of allocation and
disbursal of grants, formulation of schemes for initial and in
service training of teachers and continuing education of teachers,
laying down norms and standards for courses, physical and
institutional facilities, staff pattern, staff qualifications, quality
instruction assessment and examinations, fixing norms and
guidelines for charging tuition and other fees, granting approval
for starting new technical institutions and for introduction of new
courses or programmes, taking steps to prevent
commercialisation of technical education, inspection of technical
institutions, withholding or discontinuing grants in respect of
courses and taking such other steps as may be necessary for
ensuring the compliance of the directions of the Council,
declaring technical institutions at various levels and types fit to
receive grants, the Constitution of the Council and its executive
Committee and the Regional Committees to carry out the
functions under the Central Act, the compliance by the Council of
the directions issued by the Central Government on questions of
policy etc. which matters are covered by the Central Act. What is
further, the primary object of the Central Act, as discussed
earlier, is to provide for the establishment of an All India Council
for Technical Education with a view, among others, to plan and
coordinate the development of technical education system
throughout the country and to promote the qualitative
improvement of such education and to regulate and properly
maintain the norms and standards in the technical education
system which is a subject within the exclusive legislative field of
the Central Government as is clear from Entry 66 of the Union
List in the Seventh Schedule. All the other provisions of the Act
have been made in furtherance of the said objectives. They can
also be deemed to have been enacted under Entry 25 of List III.
This being so the provisions of the State Act which impinge upon
the provisions of the Central Act are void and, therefore,
unenforceable. It is for these reasons that the appointment of the
HighPower Committee by the State Government to inspect the
respondentTrust was void as has been rightly held by the High
Court.”
The Court has observed that the State Act which impinges upon
the provisions of the Central Act has to be held to be void. In the case,
the issue was of derecognition. The power of the recognition of
institution is squarely reserved under the Central Act i.e., AICTE Act.