IMPORTANT POINTS
AICTE Regulations, 1994 do apply to Deemed to be Universities and these universities were not justified in introducing any new courses in Technical Education without approval of AICTE.
All the degrees in Engineering awarded by concerned Deemed to be Universities stand suspended.
If the students clear the test/tests within the stipulated time, all the advantages/benefits shall be restored to them and their degrees will stand revived fully.
As regards students who were admitted after the Academic Sessions 2001-2005, their degrees in Engineering awarded by the concerned Deemed to be Universities through distance education mode stand recalled and be treated as cancelled. All benefits secured by such candidates shall stand withdrawn. However, the entire amount paid by such students to the concerned Deemed to be Universities towards tuition fees and other expenditure shall be returned by the concerned Deemed to be Universities by 31.05.2018.
CBI directed to carry out thorough investigation into the conduct of the concerned officials who dealt with the matters and went about granting permissions against the policy statement and into the conduct of institutions who abused their position to advance their commercial interest illegally. Appropriate steps can thereafter be taken after culmination of such investigation.
The UGC shall also consider whether the Deemed to be University status enjoyed by JRN, AAI, IASE and VMRF calls for any withdrawal and conduct an inquiry in that behalf by 30.06.2018. If the moneys, as directed above are not refunded to the concerned students that factor shall be taken into account while conducting such exercise.
All Deemed to be Universities are restrained to carry on any courses in distance education mode from the Academic Session 2018-2019 onwards unless and until it is permissible to conduct such courses in distance education mode and specific permissions are granted by the concerned statutory/regulatory authorities in respect of each of those courses and unless the off-campus Centres/Study Centres are individually inspected and found adequate by the concerned Statutory Authorities. The approvals have to be course specific.
UGC further directed to take appropriate steps and restrain Deemed to be Universities from using the word ‘University’ within one month.

Headnote:(a) Technical education – B.E./B.Tech degrees – MHRD directing DEC to grant approval for courses and not institutes as per MOU signed between UGC, AICTE and DEC – Deemed to be Universities AAI, JRN and IASE not having Engineering as their field of specialization or an approved engineering college on their main campus – Starting distance education programmes for degrees in Engineering, outside their field of specialization without taking any approval from UGC and/or AICTE – Such programmes being conducted at study centres without having any control thereon – Regulation 18 of UGC Regulations, 2010 – Hence ex-post facto approvals granted by DEC for technical degrees, held, were without jurisdiction. (Para 23, 34, 35)
       (b) All India Council for Technical Education Act, 1987 – Section 10 – Technical education – Deemed to be universities – Distance education mode – Technical education and technical institution – Distinction – Functions of AICTE relatable to technical education applicable to all institutions whether a University or not (clauses (a), (b), (d), (e), (f), (l) and (n) of section 10) – On the other hand certain functions meant for technical institutions may not be applicable to Universities (clauses (k), (m), (p) and (q) of section 10) – Clauses (c), (d) and (f) of section 10 dealing with subjects of coordination of technical education in the country at all levels; promoting innovation, research, development, establishment of new technologies, generation, adoption and adaptation of new technologies to meet the developmental requirements; and promoting and effecting link between technical education and systems and other relevant systems make AICTE the sole repository of power to lay down parameters or qualitative norms for “technical education” – Subjects, contents, length and duration of courses of technical education and innovative ideas thereon – In exclusive domain of AICTE. (Para 36)
       (2001) 8 SCC 676; 2006 (3) MRJ 870; W.P. (C) 486/2015 (Del); (2013) 8 SCC 271 – Referred
       (c) Technical education – Leading to degrees in Engineering – Requiring lessons in theory as well as practicals forming backbone of such education – Practicals, an integral part of technical education system –Only AICTE can decide whether this system of technical education can be substituted by distance education learning programme – Such decision by AICTE must be specific and unequivocal – Cannot be inferred merely because of absence of any Guidelines in the matter – Instantly, AICTE never expressing such decision – Held, Deemed to be Universities were not justified in introducing such courses. (Para 38)
       (d) All India Council for Technical Education Act, 1987 – Section 10 – AICTE asserting and stating that technical education cannot be imparted by distance education – Is binding and cannot be questioned – Introduction of such courses by deemed to be Universities in absence of express permission of AICTE held not justified. (Para 38)
       (e) University Grants Commission Act, 1956 – Section 23 – University under a State law and deemed to be University – cannot be equated – Distinction – Universities territory-centric – Can introduce new courses – Deemed to be Universities – Excellence, research and advancement in its chosen field expected – Introduction of new courses subject to regulatory regime. (Para 42, 43)
       (2001) 8 SCC 676; (2013) 8 SCC 271 – Referred
       (f) Indira Gandhi National Open University Act, 1985 – Section 2(e) and 5 r/w statute 28 – Study centres and distance education – Exclusively of and in relation to the academic programmes of IGNOU – IGNOU or DEC could not act as regulator for other Universities as regards distance education programmes or study centres – Grant of permission by DEC to deemed to be Universities for distance education and ex post facto approval thereof held without jurisdiction. (Para 44)
       (2009) 4 SCC 590 – Relied upon
       (g) Technical education – Deemed to be Universities – Distance education learning – UGC allowing such universities to apply for post facto approvals – degrees of students admitted during 2001-2005 suspended till they pass postulated examination under joint supervision of AICTE-UGC in the manner directed – Degrees of students admitted after the academic sessions of 2001-2005 cancelled. (Para 46, 47, 48)
       (h) University Grants Commission Act, 1956 – Section 23 – Deemed to be universities using the word ‘University’ – Opposed to section 23 – UGC directed to take appropriate steps. (Para 51)
       Facts of the case:
       Respondent No.1–Rabi Sankar Patro, a Diploma holder in Electrical Engineering, joined OLIC as Junior Engineer (Electrical) and while in service, he acquired B.Tech (Civil) Degree from a Deemed to be University namely JRN Rajasthan Vidyapeeth University, Udaipur, through Distance Education in the year 2009 and thereafter filed Writ Petition in the High Court Orissa. According to him, he being an in-service graduate Engineer was entitled to be promoted as Assistant Engineer. Said writ petition was allowed without issuing notice to the respondents, placing reliance on an earlier order dated 14.12.2009 passed by the High Court in OJC No.13251 of 2001 by which OLIC was directed to consider the case of the concerned candidates as in-service graduate Engineers. OLIC being aggrieved, filed Review Petition which was dismissed
       Finding of the Court:
       High Court of Punjab and Haryana at Chandigarh has taken a correct view of the matter. The view taken by the High Court of Orissa cannot be accepted.
       Result: Appeals disposed of.

JUDGMENT :

Uday Umesh Lalit, J.

1. Leave to appeal granted in all Special Leave Petitions.

2. These are two groups of appeals, one arising from the Judgment and Order passed by the High Court of Orissa at Cuttack while the other arising from the decision of the High Court of Punjab and Haryana at Chandigarh. Since the issues involved in these matters are same, both sets of matters are being disposed of by this common Judgment.

3. The Directorate of Lift Irrigation in the Government of Odisha was converted into Orissa Lift Irrigation Corporation Limited (hereinafter referred to as the “OLIC”). The service conditions of Engineers including Junior Engineers which is the base cadre in the Engineering Wing of OLIC are governed by Orissa Service of Engineers’ Rules, 1941 (“1941 Rules” for short) as amended from time to time. Junior Engineers form the feeder cadre for promotion to the next level, namely, that of Assistant Engineers. Respondent No.1 [In the matter arising out of SLP(C) No.19807-19808 of 2012]–Rabi Sankar Patro, a Diploma holder in Electrical Engineering, joined OLIC as Junior Engineer (Electrical) and while in service, he acquired B.Tech (Civil) Degree from a Deemed to be University namely JRN Rajasthan Vidyapeeth University, Udaipur, through Distance Education in the year 2009 and thereafter filed Writ Petition No.3848 of 2010 in the High Court Orissa. According to him, he being an in-service graduate Engineer was entitled to be promoted as Assistant Engineer. Said writ petition was allowed without issuing notice to the respondents, placing reliance on an earlier order dated 14.12.2009 passed by the High Court in OJC No.13251 of 2001 by which OLIC was directed to consider the case of the concerned candidates as in-service graduate Engineers. OLIC being aggrieved, filed Review Petition No.58 of 2012 which was dismissed by the High Court on 15.03.2012 along with certain similar review petitions. The submissions recorded in support of the review petitions in the order of the High Court were as under:-

“The argument advanced by Mr. Ashok Mohanty learned Sr. Counsel for the review petitioners that the opposite parties-employees have acquired Degree Qualification of distance/correspondence education course from JRN Rajasthan Vidyapeeth which is not recognized by AICTE. Therefore, they are not qualified……….…...Learned Sr. Counsel Mr. Mohanty placed much reliance upon the letter issued by AICTE on 6th October, 2010 wherein the AICTE has categorically stated as under:
“It has been the policy of the AICTE, not to recognize the qualifications acquired through distance education mode at Diploma, Bachelors & Master’s level in the fields of Engineering Technology including Architecture, Town Planning, Pharmacy, Hotel Management & Catering Technology, Applied Arts & Crafts and Post Graduate Diploma in Management (PGDM). AICTE only recognizes MBA and MCA programme through distance mode.” ”

The Review Petition was dismissed by the High Court, observing inter alia,

“……. Substantial number of persons have also acquired Engineering Degree through Universities providing Distance Education which are also Indian Universities. Further Clause (d) of Rule 9 of the Rules, 1941 does not specify that the qualifications obtained through distance education is not permissible & the Degree should be obtained from the approved Universities of the AICTE.”

4. Disposal of Review Petition and similar such petitions led to the filing of these appeals, by special leave, by OLIC. It is principally submitted by OLIC that the degrees in Engineering obtained by the concerned candidates by distance education from JRN Rajasthan Vidyapeeth University and similar Deemed to be Universities are not recognized degrees and as such the concerned candidates cannot be said to be Graduate Engineers eligible for benefits under the concerned Rules. It is further submitted that

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2017 Supreme(SC) 1058

Cases Referred (3)