University autonomy under AICTE law excludes prior approval for new technical courses and departments.

A University established under a State enactment and recognised under the UGC Act is excluded from the definition of "technical institution" under the AICTE Act, so it is not subject to a prior-approval requirement before starting a technical department or introducing a new technical course. The statutory scheme distinguishes Universities from technical institutions, and the power to regulate under Section 10(1)(k) cannot be expanded by regulation. Regulations under Section 23 must remain consistent with the parent Act; to the extent they compel Universities to seek prior approval, they are inconsistent with the Act and unenforceable. AICTE's role in relation to Universities is limited to coordination, standards, advice and recommendation.

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Issues: Whether a University established under a State enactment and recognised under the University Grants Commission Act is a "technical institution" under the All India Council for Technical Education Act, 1987, and whether it must obtain prior approval of the All India Council for Technical Education to start a department or introduce a new course or programme in technical education; whether the regulations requiring such prior approval are valid and enforceable against a University.

Analysis: The definition of "technical institution" expressly excludes a University, while "University" is separately defined in the Act. The statutory scheme repeatedly distinguishes between technical institutions and Universities, and where regulation of Universities was intended, the Act said so expressly. The power under Section 10(1)(k) is confined to technical institutions and cannot be expanded by regulation. Section 23 authorises regulations only if they are consistent with the Act and the rules. A regulation that compels Universities to obtain prior approval before commencing a technical department or course is inconsistent with the parent Act and cannot override the statutory exclusion of Universities from the definition of technical institution. The AICTE's role vis-a -vis Universities is limited to coordination, standards, advice, and recommendation, not direct supervisory control of the kind asserted in the impugned regulations.

Conclusion: A University is not required to obtain prior AICTE approval to start a technical department or new technical course, and the impugned regulations are void and unenforceable to the extent they impose that requirement on Universities.

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