EPSI’s Legal Battle against AICTE on Mandatory Subscription of Online journals for all Technical Institutions viz. Engineering Colleges, Management Institutes, Architect Institutes, Pharmacy, MCA institutions etc.[/b]
You may be aware that the EPSI has taken up the matter of mandatory online journals
prescribed by the AICTE under the approved Handbook 2012-13 of AICTE for
all technical institutions. We have written a letter to Mr Kapil Sibal, the Hon’ble HRD
Minister on November 18, 2011 (copy attached) suggesting that this arbitrary decision
of the AICTE should be withdrawn as it would create extraordinary financial burden on
technical institutions and also lead to siphoning of Rs.1600 crores to US and UK based
multinational publishing companies.
Since no action has been taken by MHRD and Chairman AICTE to resolve the matter
amicably, EPSI has called a meeting of the state level federations of private sector
technical institutions on December 9, 2011 at Delhi. As per the decision of the
meeting, a writ petition was filed in the Delhi High Court, challenging the AICTE’s
decision on mandatory online journal. We have taken the main plea that all AICTE
approved institutions have a fundamental right to administer their respective
institutions and buy books, journals, softwares, machines & equipments as per their
requirements and choice. In this case, AICTE not only imposed the list of journals
from foreign companies publishing those journals, but also prescribed subscription rates
in US dollars. It is ironical how a statutory body like AICTE can do like this?
our writ petition was heard by the Hon’ble Bench of Delhi High Court comprising Chief
Justice Mr Sikri and Justice Mr Rajiv Shaw Endlaw. Our lawyers have taken the
following arguments:-
The Honb’le Bench of Delhi High Court was requested by the AICTE counsel that he
may be given another date to take instructions from the client, i.e. AICTE. On his
request, the Hon’ble High Court Bench has deferred the matter for further hearing on
January 2, 2012.
Meanwhile, the EPSI would like to advise its member institutions to subscribe DELNET
Membership by paying Rs.12,500/- so as to take benefit out of above point no.3. We appreciate the efforts of the state level Federations of Haryana, Punjab, Himachal Pradesh, Maharashtra, Delhi and Uttar Pradesh for challenging the arbitrary decision of the AICTE on the Online journal. We also appreciate the initiative of FAPUPC led by Mr GPC Nayar of Kochi in joining hands with EPSI in the legal battle.
After successfully organizing two National Conferences at Delhi (December 9, 2011) and
at Chennai (December 17, 2011), EPSI is planning to organize another national
conference of all the private sector institutions, university and educationists on January
23, 2012 at Mumbai. The Hon’ble Governor of Maharashtra, Mr. B Shankaranarayanan
has kindly consented to inaugurate the conference.
May I request you to kindly block your diary to attend the conference on January 23,
2012 at Mumbai.
With warm regards and Season’s Greetings!
Dr H Chaturvedi - Director (BIMTECH)
Alternate President
EPSI
You may be aware that the EPSI has taken up the matter of mandatory online journals
prescribed by the AICTE under the approved Handbook 2012-13 of AICTE for
all technical institutions. We have written a letter to Mr Kapil Sibal, the Hon’ble HRD
Minister on November 18, 2011 (copy attached) suggesting that this arbitrary decision
of the AICTE should be withdrawn as it would create extraordinary financial burden on
technical institutions and also lead to siphoning of Rs.1600 crores to US and UK based
multinational publishing companies.
Since no action has been taken by MHRD and Chairman AICTE to resolve the matter
amicably, EPSI has called a meeting of the state level federations of private sector
technical institutions on December 9, 2011 at Delhi. As per the decision of the
meeting, a writ petition was filed in the Delhi High Court, challenging the AICTE’s
decision on mandatory online journal. We have taken the main plea that all AICTE
approved institutions have a fundamental right to administer their respective
institutions and buy books, journals, softwares, machines & equipments as per their
requirements and choice. In this case, AICTE not only imposed the list of journals
from foreign companies publishing those journals, but also prescribed subscription rates
in US dollars. It is ironical how a statutory body like AICTE can do like this?
our writ petition was heard by the Hon’ble Bench of Delhi High Court comprising Chief
Justice Mr Sikri and Justice Mr Rajiv Shaw Endlaw. Our lawyers have taken the
following arguments:-
- Mandatory provision of online journals in the Approval Handbook of 2012-13 of the AICTE is a gross violation of the fundamental rights of the AICTE approved institutions to run their institutes without interference from the government.
- AICTE ‘s arbitrary decision will lead to siphoning of the foreign currency to the tune of Rs.1,600 crores to the foreign multinational publishing companies.
On December 20, 2011, AICTE has notified on its website that institutions
subscribing DELNET/INDEST may not be required to subscribe an online journal. Hence, all other institutions so far not subscribing DELNET be allowed to take DELNET facility in a scheme of online journal. It is pertinent to note that the scheme of DELNET was prescribed by AICTE a few years back
The Honb’le Bench of Delhi High Court was requested by the AICTE counsel that he
may be given another date to take instructions from the client, i.e. AICTE. On his
request, the Hon’ble High Court Bench has deferred the matter for further hearing on
January 2, 2012.
Meanwhile, the EPSI would like to advise its member institutions to subscribe DELNET
Membership by paying Rs.12,500/- so as to take benefit out of above point no.3. We appreciate the efforts of the state level Federations of Haryana, Punjab, Himachal Pradesh, Maharashtra, Delhi and Uttar Pradesh for challenging the arbitrary decision of the AICTE on the Online journal. We also appreciate the initiative of FAPUPC led by Mr GPC Nayar of Kochi in joining hands with EPSI in the legal battle.
After successfully organizing two National Conferences at Delhi (December 9, 2011) and
at Chennai (December 17, 2011), EPSI is planning to organize another national
conference of all the private sector institutions, university and educationists on January
23, 2012 at Mumbai. The Hon’ble Governor of Maharashtra, Mr. B Shankaranarayanan
has kindly consented to inaugurate the conference.
May I request you to kindly block your diary to attend the conference on January 23,
2012 at Mumbai.
With warm regards and Season’s Greetings!
Dr H Chaturvedi - Director (BIMTECH)
Alternate President
EPSI