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SC has recently held in the case of Association Of Management Of Private Colleges Vs. All India Council For Technical Education & Ors. -CIVIL APPEAL NO. 1145 OF 2004 – Order Dated 25.04.2013 that MBA programmes can’t be defined as technical programmes and the AICTE is not authorized to set standards as Parliament had already enacted UGC Act for the same. A two-judge bench of Justices BS Chauhan and V Gopala Gowda has held as follows :-
As per definition of ‘technical education’ under Section 2(g) of the AICTE Act and non production of any material by the AICTE to show that
MBA course is a technical education, we hold that MBA course is not a technical course within the definition of the AICTE Act and in so far as reasons assigned for MCA course being ‘technical education’, the same does not hold for MBA course. Therefore, for the reasons assigned while answering the points which are framed in so far as the MCA course is concerned, the approval from the AICTE is not required for obtaining permission and running MBA course by the appellant colleges.
MBA course is a technical education, we hold that MBA course is not a technical course within the definition of the AICTE Act and in so far as reasons assigned for MCA course being ‘technical education’, the same does not hold for MBA course. Therefore, for the reasons assigned while answering the points which are framed in so far as the MCA course is concerned, the approval from the AICTE is not required for obtaining permission and running MBA course by the appellant colleges.
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