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Engineering colleges can’t be punished for not buying e-journals: HC

Page history last edited by M. Muthukrishnan 5 years, 5 months ago


Engineering colleges can’t be punished for not buying e-journals: HC 


Please find attached Madras High court landmark judgment on “Engineering Colleges can’t be punished for not buying e-journals: HC” dated 10 February 2015.


 John Bosco Poly Vs AICTE (Madras High Court).pdf


The Madras high court has restrained the All India Council for Technical Education (AICTE) from taking "coercive action" against private engineering colleges for not subscribing to e-journals from a particular supplier for the academic year 2015-16. 

The consortium of self-financing professional arts and science colleges in Tamil Nadu said AICTE's hand book for 2011-2012 mandated six national and three international journals for each branch of engineering. For the academic year 2012-2013, the council said each college should subscribe to 725 e-journals. It also asked the institutions to purchase the journals from a specified publisher at a pre-fixed price. 

When the colleges approached the AICTE for renewing their affiliation, the council insisted that all institutions should purchase the e-journals. Against the direction, the consortium moved the Madras high court, which on January 11, 2012 passed an interim order restraining AICTE from making it mandatory for colleges to subscribe to e-journals. 

AICTE did not insist on the purchase of the e-journals for 2013-14. But, while the interim order was still in force, it again imposed the same stipulation in its hand book for the year 2015-2016. The consortium again moved the high court. 

In it petition, the consortium said if the institutions followed AICTE's direction, each of them would have to spend Rs 15 lakh annually for subscription of e-journals. This meant around 5,500 colleges across the country would pay about Rs 825 crore each year. This money could instead be used to create better infrastructural facilities in colleges, it said. 

The petition said AICTE could only prescribe the syllabus, but was directing the managements of colleges to purchase particular journals from a particular supplier and to pay through demand draft in US dollars, it said. In engineering colleges, 90% of the students are enrolled in undergraduate courses, which did not require research, and there was no justification for asking the institutions to subscribe these journals, the consortium said. As the council has fixed February 20 as the last date for renewal, the institutions would be put to "irreparable loss and injury" if there was no stay on the order, it said. 

Passing interim orders on Tuesday, Justice T S Sivagnanam underscored the earlier order passed by the court, and said AICTE cannot take coercive action against institutions for not subscribing to particular e- journals. However, the court made it clear that the colleges must subscribe to India's e-libraries such as Indian National Digital Library in Engineering Sciences and Technology (INDEST) and Developing Library Network (DELNET).


Ref ;  http://timesofindia.indiatimes.com/city/chennai/Engineering-colleges-cant-be-punished-for-not-buying-e-journals-HC/articleshow/46280516.cms


With deepest regards

Muthukrishnan M


Dr NGP Arts and Science College




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