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SANDEEP MEHTA, MITALI THAKURIA
State of Assam – Appellant
Versus
Munindra Barman, S/o-Late Narendra Nath Barman – Respondent
JUDGMENT :
S.Mehta, J.
The instant intra-Court writ appeal is directed against the judgment and final order dated 17.12.2020, whereby the writ petition being WP(C) No.4529/2019 preferred by the respondents herein was accepted and the appellant authorities were directed to grant benefit of the Hon’ble Supreme Court’s judgment in the case of Orissa Lift Irrigation Corporation Ltd. Vs. Rabi Sankar Patro & Ors., reported in 2018 (1) SCC 468 to the writ petitioners/respondents herein.
2. Heard learned counsel appearing for the parties.
3. The short controversy involved in this appeal is as to whether the respondents herein, who admittedly obtained B. Tech degree course in terms of the AICTE guidelines pursuant to the aforesaid judgment, in the second test conducted in the month of December, 2018, would also be entitled to the benefits of directions given at Paragraph 66 of the said judgment, which are reproduced hereinbelow for the sake of ready reference:
66.1. The 1994 AICTE Regulations, do apply to deemed to be universities and the deemed to be universities in the present matter were not justified in introducing any new courses in technical education without th
In-service candidates were given two chances to clear test/tests within stipulated timeframe and on doing so, all advantages/benefits would have to be restored to them with revival of degrees.
The validation of engineering degrees obtained through distance education occurs upon passing the AICTE test, and promotions must reflect the original date of the degree, restoring status quo ante.
If the respondents had extended any benefits and advantages in favour of the petitioners, then the question of restoring those benefits to the petitioners would not arise.
Degrees obtained through distance education that are validated via the AICTE-UGC special examination are considered valid only from the date of passing said examination, not from the date of the degr....
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