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In Army Welfare Education Society and Ors. Versus Union of India & Ors. (Writ Petition (Civil) No.895 of 2013), the question raised was whether the All India Council for Technical Education ('AICTE') would have jurisdiction in terms of the AICTE Act in regard to Management courses which would culminate in awarding of degrees, diplomas of MBA and the like. While issuing Rule, this Court ordered as follows :
"Rule nisi. Having regard to the important issue involved in the Writ Petition, we think that it will be appropriate if the matter is heard by a Bench of three Judges. The matter may be listed accordingly within six months from today."
This petition, however, was later dismissed as infructuous without going into merits. The issue was therefore, not decided.
The same issued arose before us in SLP (Civil) No.17765 of 2014 and SLP (Civil) No.17764 of 2014, wherein relying upon the judgment of this Court in Association of Management of Private Colleges versus All India Council for Technical Education and Others (2013) 8 SCC 271, this Court passed the following Order :
"S.L.P. (C) No.17765 of 2014 & S.L.P.(C) No.17764 of 2014
"Heard learned counsel for the petitioners and perused the relevant material.
Having perused the orders of the High Court, we find no infirmity in the same. The question as to whether the MBA course comes within the expression "technical education" under Section 2(g) of the All India Council for Technical Education Act, has been answered in the negative in Association of Management of Private Colleges vs. All India Council for Technical Education and Others (2013) 8 SCC 271. We, therefore, will have no ground to interfere with the orders impugned in the special leave petitions. The same are, accordingly, dismissed."
Though, the 3-Judge Bench followed the judgment of the 2-Judge Bench in this Case, this Court did not go into the correctness or otherwise of the said judgment.
Therefore, we clarify the order to this limited extent.
The M.A. as well as Interlocutory Application stand disposed of.
Pending application(s), if any, also stand disposed of.