LAW FOR ALL

Whether the course leading to a degree of Master of Computer Applications is a technical course within the purview of the definition of ‘technical education’ as contained in Section 2(g) of the AICTE Act as it stands today?= the amended Regulation Nos. 8(c) and 8(iv) of 2000 were introduced by the AICTE in exercise of its power under section 10(k) of AICTE Act by adding the MBA and MCA courses within the purview of the provisions of AICTE as it is included in the Regulation as a technical education. = the amended Regulation has not been placed before the Parliament which is mandatory as per the provisions of Section 24 of the AICTE Act, the said contention has not been disputed by the AICTE in these cases. = “24. Rules and regulations to be laid before Parliament:- Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and it before the expiry of the session immediately following the session or the successive sessions, aforesaid, both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.” The position of law is well settled by this Court that if the Statute prescribes a particular procedure to do an act in a particular way, that act must be done in that manner, otherwise it is not at all done.- The civil appeals are allowed. The relief sought for in the Writ Petitions is granted in so far as not to seek approval from the AICTE for MBA and MCA courses are concerned.