The Times of India Delhi 13th Feb 2008 Page 13
The issue has been thrown up by a fiat by the All India Council of Technical Education (AICTE), the apex regulatory body for engineering and technical education in India, prohibiting private institutions from using these two words. Worse, AICTE wanted all institutions having names containing “Indian” and “National” to drop these to comply with its directive. Many, fearing derecognition, fell in line and got their signboards repainted. So did Selvam Educational and Charitable Trust. It changed the name of its engineering college but decided to contest the move. Opposing the 2002 decision of AICTE, Selvam Trust on Monday tossed a question for a SC bench comprising Justices Altamas Kabir and J M Panchal to mull — can there be a state monopoly over the words “Indian” and “National”. Arguing for the Trust, senior advocate Arun Jaitley said that AICTE’s order marked a major anomaly where all kinds of commercial establishments — from shopping malls to restaurants — were free to use “Indian” or “National” while a private engineering or technical institution could not do the same even if it had a reputation for excellence. The Trust, through advocate G Balaji, put another poser — did not the AICTE’s decision conflict with the Emblems and Names (Prevention of Improper Use) Act that does not prohibit the use of the word “Indian” by any firm or company. While issuing notice to AICTE, the Bench stayed its controversial notification of 2002 till further orders, clearing the way for private institutions to use the appellations in dispute. The Selvam Trust had set up ‘The Indian Engineering College’ in 1984, which was recognized by the Tamil Nadu government and even granted minority status. However, when the notification prohibiting use of the words “Indian”, “National”, “All India”, “All India Council”, “Commission” in part of the name of the technical institution came, the Trust was forced to change the name of its institute to escape being derecognised. The institute was renamed ‘Rajaas Engineering College’. But Trust decided to challenge the directive and did not give up despite the Madras HC rejecting its plea. The AICTE directive prohibits private institutes from using names whose acronyms sound similar to “IIM”, “IIT”, “IISc”, “AICTE” or “UGC”. The AICTE justified its decision saying that it was meant to protect students from being duped. The order is, however, being opposed by those who feel that it marked a throwback to the age when government exercised all-pervasive control over citizens’ lives, and was out of sync with prevailing ethos.
Times View The notion that the state should have the exclusive rights to use the word ‘Indian’ when it comes to naming educational institutions betrays a deeper malaise — the mindset that confuses the state with the nation. It would be an unacceptable reduction that the word ‘Indian’ refers to things that are owned by the government. The AICTE seems to believe that students might be fooled into believing that an educational institution is stateowned or state-run if it has the word Indian in its name. This is an insult to the intelligence of those who are seeking professional education in India. It should, even at this stage, recognize the error in its mindset and acknowledge that the word Indian belongs to all Indians, individually and collectively.
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