Point of Law: 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.

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. Accordingly, we direct:

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 the approval of AICTE.

66.2. Insofar as candidates enrolled during the academic sessions 2001-2005, in the present case the ex post facto approvals granted by UGC and their authorities concerned are set aside.

66.3. Consequent to aforesaid Direction II, all the degrees in Engineering awarded by deemed to be universities concerned stand suspended.

66.4. Article shall devise the modalities to conduct an appropriate test(s) as indicated in para 58 above. The option be given to the students concerned whose degrees stand suspended by 15-1-2018 to appear at the test(s) to be conducted in accordance with the directions in para 58 above. Students be given not more than two chances to clear test(s) and if they do not successfully clear the test(s) within the stipulated time, their degrees shall stand cancelled and all the advantages shall stand withdrawn as stated in paras 57 and 58 above. The entire expenditure for conducting the test(s) shall be recovered from the deemed to be universities concerned by 31-3-2018.

66.5. Those students who do not wish to exercise the option, shall be refunded entire money deposited by them towards tuition fee and other charges within one month of the exercise of such option. Needless to say, their degrees shall stand cancelled and all advantages/benefits shall stand withdrawn as mentioned in para 58.

66.6. If the students clear the test(s) within the stipulated time, all the advantages/benefits shall be restored to them and their degrees will stand revived fully.

66.7. As regards students who were admitted after the academic sessions 2001-2005, their degrees in Engineering awarded by the deemed to be universities concerned through distance education mode stand recalled and be treated as cancelled. All benefits secured by such candidates shall stand withdrawn as indicated in para 59 above. However, the entire amount paid by such students to the deemed to be universities concerned towards tuition fees and other expenditure shall be returned by the deemed to be universities concerned by 31-5-2018, as indicated in para 59.

66.8. By 31-5-2018 all the deemed to be universities concerned shall refund the sums indicated above in para 66.7 and an appropriate affidavit to that extent shall be filed with UGC within a week thereafter.

66.9. We direct CBI to carry out thorough investigation into the conduct of the officials concerned who dealt with the matters and went about granting permissions against the policy statement, as indicated in para 60 above 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.

66.10. UGC shall also consider whether the deemed to be university status enjoyed by JRN, AAI, IASE and VM