The expression “ratification” means the making valid of an act already done. This principle is derived from the Latin term “ratihabitio mandato aequiparatur” meaning thereby “a subsequent ratification of an act is equivalent to a prior authority to perform such act.” It is for this reason; the ratification assumes an invalid act, which is retrospectively validated.
The expression “ratification” was succinctly defined by the English Court in one old case, Hartman v. Hornsby, 142 Mo 368 44 SW 242, as under:
“Ratification is the approval by act, word, or conduct of that which was attempted (of accomplishment), but which was improperly or unauthorisedly performed in the first instance.”
In Maharashtra State Mining Corporation v. Sunil, (2006) 5 SCC 96, it was held that ratification by definition means the making valid of an act already done. It assumes an invalid act which is retrospectively validated. National Institute of Technology v. Pannalal Choudhury, 2015 (3) ESC 377.
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In a recent judgment of the Hon’ble Supreme Court of India in Association of Management of Private Colleges v. All India Council For Technical Education and others, (2013) 8 SCC 271 it was held as under:
“As per the definition of “technical education” under Section 2(g) of the AICTE Act and non-production of any material by AICTE to show that MBA course is not a technical course within the definition of the AICTE Act and insofar as reasons assigned for MCA course being “technical education” are concerned, the same does not hold for MBA course. Therefore, for the reasons assigned while answering the points which are framed insofar as the MCA course is concerned, the approval from AICTE is not required for obtaining permission and running MBA course by the appellant Colleges.”
It was further held as under:
“The common impugned judgment and order passed in Sadakathullah Appa College v. All India Council for Technical Education, (2004) 1 CTC 1 is hereby set aside. The civil appeals are allowed. The relief sought for in the writ petitions is granted insofar as not to seek approval from AICTE for MBA and MCA courses.”