Back
SUPREME COURT OF INDIA
Uday Umesh Lalit, Deepak Gupta, JJ.
INSTITUTION OF MECHANICAL ENGINEERS (INDIA) THROUGH ITS CHAIRMAN – Appellant
VERSUS
STATE OF PUNJAB & ORS. – Respondents
MISCELLANEOUS APPLICATION NO.2367 OF 2018 IN CIVIL APPEAL NO.17922 OF 2017
Decided On : 13-08-2019
(a) Administration of justice - Appellant not advancing any submission while CA 17992 of 2017 was being disposed - Later, appellant seeking clarification and modification in order passed therein - Held, Registrar of the Court rightly refusing to register the application - However, High Court order not being clear whether review petition was allowed by it, appellant permitted to raise all submissions o merits. (Para 30)
(b) Technical education - Certificates issued by AMEI - Whether equivalent to degree in Mechanical Engineering - Appellant not imparting any education but merely conducting bi-annual examinations and awarding certificates - Appellant also not recognizing, allowing or conducting any coaching classes or local centres helping the candidates appearing in the examinations - AICTC not issuing any guidelines expressly permitting courses leading to Degrees in Engineering through distance education - No such courses could be introduced - Appellant on lower footing than Deemed universities - Appellant a technical institution as defined in the AICTE Act - degree can be awarded only by an University etc. - Section 22 and 3, University Grants Commission Act, 1956 - Appellant not covered by any of these provisions - No authority can award equivalence to the appellant. (Para 31, 34, 35, 36, 37, 38)
(c) Technical education - Certificates issued by AMEI - AMEI cannot award degree - It can award certificates - Weightage of these certificates have to be decided by employers. (Para 40)
(d) All India Council for Technical Education Act, 1987 - Section 10 - Appellant can neither claim, as a matter of right to be entitled to confer any degree nor can it claim that Certificate awarded by it must be reckoned to be equivalent to a Degree in Mechanical Engineering. (Para 42)
(e) All India Council for Technical Education Act, 1987 - Section 10 - appellant not entitled to award degree - its certifactes are not equivalent to degree in Mechanical engineering - However in view of MHRD granting equivalence upto 31.05.2013, judgment herein directed to be applicable to cases after 01.06.2013. (Para 44)
Facts of the case:
High Court held that the Membership Certificate granted by the appellants could not be treated as equivalent to a Degree in Engineering.
Finding of the Court:
There is no infirmity in the impugned order.
Result: Misc. application dismissed.
The certificate awarded by the Institution of Mechanical Engineers (India) (IME) cannot generally be regarded as a valid degree in Mechanical Engineering. It is recognized as a certificate of membership or qualification, not as a formal academic degree. The institution does not have approval from statutory authorities such as the AICTE or UGC to confer degrees, and its certificates are not deemed equivalent to a degree in engineering.
Recognition of such certificates as equivalent to a degree was granted only up to a specific date (31.05.2013). After this date, the recognition was withdrawn, and certificates issued subsequently are not considered valid as equivalent to a formal degree in Mechanical Engineering.
There is a limited exception for candidates who enrolled before the recognition was withdrawn; their certificates may still be recognized for employment purposes in the Central Government.
In conclusion, unless the certificate was obtained before the recognition was withdrawn and is specifically recognized for employment purposes, it does not constitute a valid degree in Mechanical Engineering.
JUDGMENT
Uday Umesh Lalit, J.
1. Civil Appeal No.17922 of 2017 (arising out of Special Leave Petition (CC) No.7390) was filed in this Court by the appellant challenging the judgment and order dated 06.11.2012 passed by the High Court [High Court of Punjab and Haryana at Chandigarh] in Civil Writ Petition No.12909 of 2009 and connected matters. Insofar as the case of the appellant was concerned, Writ Petition No.12909 of 2009 was disposed of by the High Court [High Court of Punjab and Haryana at Chandigarh] holding, that the Membership Certificate granted by the appellants could not be treated as equivalent to a Degree in Engineering.
2. The appellant, a Society registered under the Societies Registration Act, 1860 is said to have been established to promote the profession and practice of Mechanical Engineering Professionals. Amongst its activities, it conducts bi-annual examinations known as Technician Engineers’ Part-I and Part-II, Automobile Technician Engineers’ Examination Part-I and Part-II, Production Technician Engineers’ Part-I and Part-II, Refrigeration and Air Conditioning Technician Engineers’ Examination Part-I and Part-II and Section-A and Section-B of Associate Membership Examination in Mechanical Engineering. On successful completion of such examinations, the Certificate “Associate Member of Institution of Engineers” (‘AMIE’ for short) is awarded by the appellant.
3. The University Grants Commission Act, 1956 (“the UGC Act”, for short) was enacted to make provisions for coordination and determination of standards in Universities and Section 2(f) defines University to mean “… a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act”. In terms of Section 3, status of “deemed to be University” can be conferred upon an Institution for higher studies other than a University. In terms of Section 22(1) of the UGC Act, right to confer degrees can be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or by an institution deemed to be a University under Section 3 of the UGC Act or by an institution specially empowered by an Act of Parliament to confer or grant degrees.
4. On 26.05.1976, the Government of India, Ministry of Education and Social Welfare, Department of Education, on the recommendation of Board of Assessment for Educational Qualifications provisionally recognized “a pass in the Associate Membership Examination of the Mechanical Engineers Association of India at par with a degree in Mechanical Engineering from a recognized Indian University/Institution for the purpose of recruitment to superior posts and services under the Central Government for a period of three years.” On 06.10.1981 the Government of India, Ministry of Education and Culture, Department of Education, on the recommendation of Board of Assessment for Educational Qualifications, decided to continue to recognize a pass in AMIE of the appellant for the purpose of recruitment to superior posts and services under the Central Government.
5. All India Council for Technical Education Act, 1987 (‘the AICTE Act’ for short) was enacted to provide for the establishment of the All India Council for Technical Education with a view to the proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvement of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith. The terms ‘technical education’ and ‘technical institution’ are defined in Section 2 (g) & (h) as under:-
“(g) “technical education” means programmes of education, research and training in enginee
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
