Judgment The present writ petition has been moved by the writ petitioner-Company and its director challenging the order dated 29th June, 1998 passed by the respondent and the advertisement being Annexure “E” to the writ petition published by the respondents. 2. The petitioner no. 1, which is a Private Limited Company, is running an Institute for conducting courses in Hospitality Management which is known as "Novatel School of Hotel Management". 3. By a letter dated 20th January, 1998, the respondent no. 2 informed the petitioners that by an Act of Parliament passed in 1987, the All India Council for Technical Education has come in existence as a statutory body to control and develop the standard of Technical Education in the country and according to the said provisions of the Act, any management course from the level of Diploma and above run by the institution were to be approved and recognized by the said Council. It is further stated in the said letter that it appears that the petitioner is running the said institution a course of Hotel Management at the level of Diploma without any approval of the said Council, and they must apply for the recognition before the said Council. The petitioner replied to the said letter denying the allegation that it is unable to run such institution. It, however, prayed for time, as it was not aware of the said provisions of the Act. Thereafter, the respondent No. 2 by a letter dated June 29, 1998 further informed the petitioner that any course, inter alia, in management also requires approval of the said Council under the provisions of the said Act, and as the petitioner is conducting a course for Diploma in Hotel Management without such approval such course should not be conducted. Thereafter, on 23rd July, 1998 and 24th July, 1998, advertisements were published by the said Council cautioning the students seeking admission to Hotel Management/Management Course and their parents the All India Council for Technical Education stipulates that no institution in the country can run any programme in Management/Hotel Management Courses without the approval of the said Council and, therefore, all students/parents are requested to verify the same before taking admission. There was a further advertisement on the same date cautioning the members of the general public that unrecognized institutions who award Diplomas/Degrees in Hotel Management/Management Courses without the approval of the Council is illegal and such fake Diplomas/Degrees carry no value in the career market. 4. It is also the aforesaid advertisement, which is under challenge in the present writ petition. 5. It is the contention of the petitioner that there is no provisions in All India Council for the Technical Education Act, 1987, which authorizes the said Council to stipulate that no institution can run or conduct any course in Hotel Management without the approval of the Council and there is no authority for such stipulation in any other provision of law. It is submitted that the provisions of the said Act are enabling provisions empowering the Council to regulate the conduct of Technical Education in India in accordance with the parameters laid down in the said Act and in particular Section 10 thereof. Any stipulation prohibiting the conducting of the course of Technical Education without the approval of the Council is beyond the scope of the said Act and is de hors the provisions of the Act. 6. The learned Advocate appearing on behalf of the respondents even at the time of moving the motion has strongly opposed the application contending, inter alia, that under the provisions of the Act and the regulation made therein no such institution can run such course without the approval of the said Council and despite the fact, the said company was called upon to apply for recognition, the same has not been done and such institution certainly cannot run or be allowed to issue Diplomas/Degrees, which will have no value in the career market and thereby, will seriously jeopardizes the career of the students. 7. It has been submitted referring to the Supreme Court decision in the case of (1) Unnikrishnan J.P. v. State of Andhra Pradesh reported in AIR 1993 Supreme Court page 2178, that in view of the aforesaid decision of the Supreme Court, under the Act, and regulation have been framed and, therefore, the Council certainly is entitled to caution the member of the public as also parents of the students about the uselessness of such Diploma and Degree. If issued by such institution not recognized by the Council. 8. If issued by such institution not recognized by the Council. 8. Reliance has also been placed in the case Supreme Court in (2) AIR 1962 SC page 1210 and (3) AIR 1976 SC 578 . 9. The fact that in view of the provisions of the said All India Council for Technical Education Act, 1987, a course of Hotel Management has also become Technical Education within the meaning of the said Act cannot be disputed. 10. Section 10 of the said Act invests the Council with the duty to take all such steps as it may think fit for ensuring coordinated and integrated development of technical and management education and maintenance of standards and for the purpose of performing its functions under this Act, the Council may perform all the functions as in Clauses (a) to (v) of subsection (1) of Section 10 of the said Act. Under Clause 10(1)(i) of the Act the Council may lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualification, quality instructions, assessment and examinations and under Clause 19(i)(j) may fix norms and guidelines for charging tution and other fees. Under Section 19(i)(k) the Council may grant approval for starting new technical institutions and for introduction of new curses or programmes in consolation with the agencies concerned under Section 10(i)(n) Council may take all necessary steps to prevent commercialization of Technical Education and under Section 10(i)(o) the Council may provide guidelines for admission of students to technical institutions and Universities imparting Technical Education. 11. The aforesaid provisions of the Act read with other provisions of the Act will clearly indicate that the said Act has been promulgated by the Parliament for proper planning and co-ordinate development of the Technical Education system throughout the country, for promotion of qualitative improvement of such education in relation to planned quantitative growth and for regulation and proper maintenance of norms and standards in the Technical Education system and for matters connected therewith, which in fact are the very objects for promulgation of the Act. 12. In such view of the matter, I do not find anything wrong on the part of the respondents in calling upon the petitioner-Company to apply or approval of the Council. 13. 12. In such view of the matter, I do not find anything wrong on the part of the respondents in calling upon the petitioner-Company to apply or approval of the Council. 13. It has been submitted by the learned Advocate appearing for the petitioner that despite such position, the aforesaid provisions of the Act do not prohibit running of such institution without the approval of the Council, whatever might be the value of the Diploma and Degree which is awarded by such institution and the Council has no power to prohibit running of such an institute without such approval. 14. I am unable to accept such contention of the petitioner. In exercise of power conferred by Clause (j) and Clause (o) of the Section 10 read with Section 23 of All Indian Council for Technical Education Act, All India Council for Technical Education (Norms & Guidelines for fees and Guidelines admission in professional colleges) Regulation, 1994, (hereinafter referred to as the said regulation), has been framed with effect 20th May, 1994. Regulation 4(1) of the said regulation specifically provides that no individual, firm, company or other body of individual with whatever name called, shall on and from the commencement of the said regulation be permitted to establish a professional collage. Regulation 4(4) provides, no professional collage shall be established or a new Technical Educational course or programme started without the approval of the Council. Regulation 5 lays down the various restrictions as to the admission of students. 15. The provisions of the Act read with the said regulation indicate beyond any doubt that no professional collage in Hotel Management, which comes within the meaning of the technical institute under the said Act can be established without the approval of the Council nor such an institution can be carried on without contesting to the various regulatory measures provided for in the Act and the regulation. 16. Under Section 10(1)(i) of the Act, the Council is empowered to fix the norms and guidelines for charging tution and other fees of students and under Section 10(1)(o) to provide guidelines for admission of students to technical institutions and Universities imparting Technical Education. 16. Under Section 10(1)(i) of the Act, the Council is empowered to fix the norms and guidelines for charging tution and other fees of students and under Section 10(1)(o) to provide guidelines for admission of students to technical institutions and Universities imparting Technical Education. Under Section 23 of the said Act, the Council has the power by notification in the Official Gazette to make regulation not inconsistent with the provisions of the Act and the Rules generally to carry out the purpose of the Act and in exercise of such power; the aforesaid regulation has been framed. 17. The petitioner in the instant case has not challenged the provision of the aforesaid regulation and particularly the aforesaid Regulation 4(i) which prohibits even establishment of professional college by company or individual. In such view of the matter, the contention or the petitioner that despite the aforesaid provisions of the Act, it is open to the petitioner Company to carry on such course is wholly untenable and the same is hereby rejected. It is also preposterous to suggest that such an institution can be run awarding Diploma even though not recognised by the Council. If such an interpretation of the Act is made, it will be open to establish and run such professional colleges and to grant Diploma or Degree without ...... to maintain the requisite standard and conforming to the various norms, thereby frustrating the very objects of the Act. 18. Since admittedly despite opportunity given to the petitioner they never applied for getting approval of the Council and yet continuing with the course, I do not find any wrong on the part of the Council to issue the impugned advertisements warning the students, the parents and the members of the general public about the utility of Diploma awarded by it. On the contrary I find that the same has been done in exercise of its power in terms of the Act and the regulation to take all appropriate steps for proper maintenance of norms and standards and the Technical Education system and for matters connected therewith. 19. On the contrary I find that the same has been done in exercise of its power in terms of the Act and the regulation to take all appropriate steps for proper maintenance of norms and standards and the Technical Education system and for matters connected therewith. 19. In view of such legal position as aforesaid the Diploma and the Degree if issued by the petitioner, the same will have no value in the career market and unless the members of the general public, the students and their parents are aware of such position they may be subjected to untoward misery and sufferance without any fault of them. The Council rightly has warned the members of the public, the parents and the students by issuing such advertisements. 20. For the aforesaid reasons, I do not find any merit in the writ application and therefore, the same hereby is dismissed in limine. 21. The respondents will be at liberty to take all appropriate actions in law against the ...... institute if the same is run without the approval of the Council. All parties concerned are to act no a xerox signed copy of this Dictated Order on the usual undertaking.