1. Applications seeking clarification and modification of directions regarding the validity of engineering degrees and diplomas obtained through distance education from Deemed Universities. (Para 1 )
Back
Next 
2018 Supreme(SC) 50
SUPREME COURT OF INDIA
Adarsh Kumar Goel, Uday Umesh Lalit, JJ.
ORISSA LIFT IRRIGATION CORP. LTD – APPELLANTS
VERSUS
RABI SANKAR PATRO & ORS. – RESPONDENTS
M.A. NOS.1795-1796 OF 2017 IN CIVIL APPEAL NOS.17869-17870 OF 2017 WITH Diary No(s).39667/2017 IA 138802/2017 in C.A. No.17870/2017) MA 1807-1808/2017 in C.A. No. 17869-17870/2017 MA 1797-1798/2017 in C.A. No. 17869-17870/2017 MA 1799-1800/2017 in C.A. No. 17869-17870/2017 MA 1801-1802/2017 in C.A. No. 17869-17870/2017 MA 1803-1804/2017 in C.A. No. 17869-17870/2017 MA 1805-1806/2017 in C.A. No. 17869-17870/2017 MA 1864-1865/2017 in C.A. No. 17869-17870/2017 MA 1866-1867/2017 in C.A. No. 17869-17870/2017 MA 1870-1871/2017 in C.A. No. 17869-17870/2017 MA 1868-1869/2017 in C.A. No. 17869-17870/2017 MA 1872-1873/2017 in C.A. No. 17869-17870/2017 MA 11-12/2018 in C.A. No. 17869-17870/2017 MA 1874-1875/2017 in C.A. No. 17869-17870/2017 MA 1876-1877/2017 in C.A. No. 17869-17870/2017 Diary No(s). 42444/2017 IA 487/2018 in C.A. No.17870/2017) MA 5-6/2018 in C.A. No. 17869-17870/2017 Diary No(s).356/2018 IA 1080/2018 in C.A. No.17870/2017) MA 17-18/2018 in C.A. No. 17869-17870/2017 MA 13-14/2018 in C.A. No. 17869-17870/2017 MA 15-16/2018 in C.A. No. 17869-17870/2017 Writ Petition (Civil) No. 1233 of 2017 M.A. No. 38 of 2018 in C.A. No.17907/2017
Decided On : 22-01-2018
Important Points
The Court clarified that distance education degrees in engineering (graduate and postgraduate) are invalid unless candidates pass an AICTE test, while diplomas are excluded. It rejected exemptions based on career advancement or university status, granting a one-time temporary relaxation for candidates to retain benefits until the test results.
Subject
Education Law - Validity of Degrees
Headnote
Technical education – Degree in engineering awarded by Deemed universities by distance education mode – Supreme court nullifying all such graduate and post-graduate degrees – Directing holders of such degrees to pass test to be conducted by AICTE – Clarified that the Judgment does not cover Diplomas – Exception made that persons employed on basis of such degrees and gained advancement in career will not be adversely affected till after one month of result of the test by AICTE. (Para 3, 7)
Legal Category Hierarchy
Table of Contents
2. Whether distance education diplomas, post-graduate degrees, or degrees from institutions with recognized excellence should be exempt from the requirement to pass a qualifying test. (Para 1 )
3. Distance engineering degrees are fundamentally infirm due to lack of regulatory approval, regardless of the institution's reputation or the candidate's subsequent professional success. (Para 5 , 6 , 7 )
4. Engineering degrees conferred through distance education are invalid if the mode of delivery was not approved by the relevant regulatory authority. (Para 5 , 6 )
5. Diplomas are excluded; graduate and post-graduate degrees are included; one-time relaxation granted for specific candidates to retain degrees pending test results. (Para 3 , 4 , 7 )
6. Are diplomas obtained through distance education from Deemed Universities covered by the judgment?
No. The court clarified that the controversy pertained specifically to the validity of degrees in engineering, and the validity of courses leading to diplomas was not the subject matter of the judgment. (Para 3 )
7. Does the validity of a distance engineering degree depend on the excellence or reputation of the awarding Deemed University?
No. Even if a university has excellence in engineering, the conferral of engineering degrees through distance education is invalid if the mode was not approved by AICTE and study centres were not inspected. (Para 5 , 6 )
8. Can subsequent employment or career advancement exempt a candidate from the requirement to pass the AICTE test?
No. The court held that the infirmity in distance engineering degrees is basic and fundamental, which cannot be cured by the fact that the candidate's ability was tested during employment. (Para 7 )
9. Are post-graduate degrees in engineering obtained via distance education covered by the judgment?
Yes. The court held that courses leading to the award of degrees, whether graduate or post-graduate, were the matter in issue. (Para 4 )
ORDER
Uday Umesh Lalit, J.
1. These applications have been preferred seeking clarification and modification of directions issued by this Court in its Judgment and Order dated 03.11.2017 (“the judgment” for short) in Civil Appeal Nos.17869-17870 of 2017. Various directions were issued in the judgment and more particularly in paragraph No.53 of the judgment. The gist of the applications and the contentions advanced by the learned counsel were as follows:-
A] M.A. Nos. 1795-1796 of 2017 in CIVIL APPEAL Nos.17869-17870 of 2017 (I.A. No.138771 of 2017)
MA 1797-1798/2017 in C.A. No. 17869-17870/2017 (I.A. No.138778 of 2017)
MA 1799-1800/2017 in C.A. No. 17869-17870/2017(I.A. No.13890 of 2017)
MA 1801-1802/2017 in C.A. No. 17869-17870/2017 (I.A. No.138791 of 2017)
MA 1803-1804/2017 in C.A. No. 17869-17870/2017 (I.A. No.138793 of 2017)
MA 1805-1806/2017 in C.A. No. 17869-17870/2017(I.A. No.138795 of 2017)
The applicants, holding diplomas in Engineering, enrolled themselves in 2005 in courses leading to award of B.Tech degree offered by Deemed to be University in question through distance learning mode. Later, on the basis of the degrees awarded by the Deemed to be Universities, they underwent independent selection undertaken by Union Public Service Commission and entered certain services as direct recruits and have presently either been engaged in the same service or have advanced in career on the basis of such selection by UPSC.
Mr. V. Giri, learned Senior Advocate submitted that the controversy in the judgment was principally concerning the cases of in-service candidates who were initially employed as diploma holders but while in service had been awarded degrees in Engineering by Deemed to be Universities in question through distance learning mode; and that this Court was not called upon to consider cases where such degrees themselves became the foundation for a subsequent employment or selection and further advancement in career. He further submitted that an exception be made in favour of such candidates whose qualifications were independently considered by an authority such as UPSC and were selected through competitive selection process and in any case, even if the Judgment were to apply to such candidates, the suspension of their degrees and all advantages flowing therefrom till they pass the test as indicated in the judgment ought not to be insisted upon. He submitted that unlike in-service candidates who may not be losing their jobs, such candidates, who had independently undergone fresh selection and were directly appointed would lose their jobs completely and even if they were to successfully pass the test conducted by AICTE, restoration of their original position and jobs would itself become a difficult proposition.
B] M.A. Nos.13-14/2018 in C.A. No.17869-17870 of 2017(I.A. No.991 & 994 of 2018 M.A. Nos.15-16/2018 in C.A. No.17869-17870 of 2017(I.A. No.1019 of 2018
The applicants had completed B.Tech courses in Computer Science through distance education mode in 2004. According to them, instructions were imparted in ITM International and they were awarded degrees by Allahabad Agricultural Institute, Deemed to be University. Later they acquired degrees in M.Tech and other qualifications based on such B.Tech degree and have thereafter advanced in career.
Ms. Meenakshi Arora, learned Senior Advocate while adopting the submissions of Mr. V. Giri, learned Senior Advocate submitted that ITM International is an Institution of repute and no infirmity could be attributed to their degrees. Further, her clients in any case had undergone further selection process where knowledge of the candidates was independently tested and they were appointed in others posts.
C] Diary No.356 of 2018 in C.A. No.17869-17870 of 2017 (I.A. No.1080 of 2018) M.A. Nos.17-18 of 2018 in C.A. No.17869-17870 of 2017 (I.A. Nos.1049 and 1054 of 2018
The candidates had acquired first degrees in Engineering from a regular and approved Institution and as such their
