Varsity8217;s affiliation not a mere formality, says HC

MUMBAI, MARCH 31: The Bombay High Court recently dismissed a petition filed by Mahatma Education Society challenging the state government...

MUMBAI, MARCH 31: The Bombay High Court recently dismissed a petition filed by Mahatma Education Society challenging the state government8217;s move to allow it to start its Masters in Management Studies programme only in the academic year 1999-2000, though the All India Council for Technical Education AICTE, the technical body monitoring such technical programmes, had sanctioned its MMS course for the current academic year 1998-99.

Expecting that Mumbai University would grant it sanction for the current academic year after AICTE8217;s okay, the college had admitted students late in October 1998. They believed affiliation of Mumbai University was a mere formality. However, looking into the college8217;s infrastructural requirements as also the fact that the academic year cannot be allowed to begin in October, the university and state government accorded it sanction from the academic year 1999-2000. Interestingly, AICTE was not represented in the case. The HC decision leaves a question mark on the fate of around 60students already admitted.

The division bench of Chief Justice YK Sabharwal and Justice AP Shah, however, observed that affiliation was not a mere formality and no institute could survive without due affiliation from the university. The bench didn8217;t find any merit in the petition and didn8217;t feel the institute deserved any relief.

The education society, whose institute is based in Panvel, said AICTE had through a letter of October 9, 1998 accorded its approval for its institute of Management Studies and Research three-year degree course of Masters in Management Studies for the academic year of 1998-99. A full-time programme with an annual intake of 60 students had been approved of, subject to certain conditions. Considering the approval of AICTE, the state government had in a communication of November 12, 1998 informed the institute a letter of intent was granted to it to start the MMS course in 1999-2000.

Counsel for petitioners Girish Kulkarni argued that once approval and permission was granted byAICTE for the year 1998-99, under provisions of the Central Act, the state had no authority to impose any conditions. But the court accepted the reasons in the affidavit filed by assistant director of technical education, Sriniwasan, that since the central admission programme for MMS started in March 8217;98 and the session began in August 8217;98, it would have been impossible for the petitioners to begin their term from October, by which time other colleges were already finishing their first term and exams had already started in some of them.

The state official had stated a preliminary requirement of 144 days of studies and lectures during one year is necessary according to rules laid down by AICTE itself. Had the state allowed the institute to begin term from 1998-99, it would have amounted to condoning a shortfall of necessary studies.

The bench also observed that the institute after receiving approval of AICTE on October 9, went on with misleading advertisements in local papers that it was affiliated toMumbai University and recognised by state government. The bench didn8217;t agree with the counsel8217;s contention that they thought the grant of affiliation by the university was a 8220;mere formality.8221;

Story continues below this ad

The Chief Justice also made a reference to the Maharashtra Universities Act, 1994 where section 83 6 provides no student can be admitted by the college or institution unless first-time affiliation is granted by university to the college.

The bench also held there was no contradiction between the AICTE and state Act, since provisions for affiliation by the University are in conformity with that of AICTE guidelines.