Conclusion

On 28 July, 1998, the Law Commission of India has recommended that present clause (k) in Section 10 of the All India Council for Technical Education Act be deleted ... and a new Section - Section 10-A, be inserted to the following effect.

"10-A. Grant of Approval of Starting Technical Institutions and new Courses and programmes

(1) A person desiring to establish a new technical institution shall apply to the Council for approval in accordance with the provisions of this Act and the rules and the Regulations made thereunder ...

(2) (a) The application mentioned in sub-section(1) shall be accompanied by a letter of consent from the concerned State Government or the Administration of the Union Territory, as the case may be;

(b) An application for grant of consent made to a State Government shall be considered fairly and promptly and in accordance with law in force in the State ..

(3) Where the technical institution proposed to be established proposes to affiliate itself to a university, the application contemplated by sub-section (1) shall be accompanied by a letter of the University, agreeing to consider the request of the institution for affiliation after it obtains the approval from the Council. In such a case, the approval granted by the Council shall become effective and operative only on the grant of affiliation by the University, whether provisional or final ..

(4) No technical institution shall commence functioning except after obtaining the approval of the Council under this section and the affiliation of the concerned University wherever affiliation is proposed with a University.