With reference to the Law Commission of India's 160th Report proposing amendments to the AICTE Act, 1987, submitted to the Government on 6.8.1999, may I make the following submission for your kind consideration: -

1) The proposed amendments ignores the exercise of the constitutional right of a minority under Article 30 of the Constitution to establish an educational institution of its choice, which may include a technical institution. The right is not subject to prior consent of the Central or State Government or of a University or even the approval of the AICTU. However, for the purpose of recognition and affiliation, such a minority educational institution has to comply with ail the academic and infra-structural requirements as other institutions. This calls for a special provision in the Act

2) In several States, the Universities cannot grant affiliation to any technical institution without the approval of the State Government. In such cases the concept of 'autonomy of the University' on which the Commission relies, become redundant. I, therefore, suggest that on par with medical colleges, establishment of engineering and technical degree colleges should also be subject to the consent of the Central Government only, which may consent the State Government concerned, if is so-desires.

3) The proposed Sec. 10A (4) will act as an unnecessary constraint on expansion of technical education. The authorities of a technical institution may commence academic functioning once the application they have made to the Council has been found in order and accepted for consideration. Formal approval of the Council and the affiliation may follow.