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2019 Supreme(UK) 4
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sharad Kumar Sharma, J.
Madan Lal Tiwari and others - Petitioners
Versus
Union of India and others - Respondents
Writ Petition No. 2259 of 2018 (S/S)
Decided On : 18-02-2019
For the Petitioner:Mr. Ankush Negi, Advocate
For the Respondent:Mrs. Pushpa Bhatt, Standing Counsel, Mr. Pradeep Hairiya, Standing Counsel along with Mr. Sushil Vashisth, Mr. Mohd. Umar, Advocate holding brief of Mr. Ashish Joshi, Advocate Mr. Yogesh Pacholia, Advocate,
For the Interveners :Mr. Bhagwat Mehra, Advocate
AICTE has exclusive authority over technical education, and courses cannot be introduced through distance education mode without its express permission.
Headnote:
AICTE - Recognition of Courses - 1985 UGC Regulations, 1986 National Policy on Education, 1994 AICTE Regulations, 2004 UGC Guidelines, AICTE Act - Section 2(g), 2(h), 10 - Distance Education - AICTE's exclusive domain - Judgment based on Orissa Lift Irrigation Corporation Limited v. Rabi Shankar Patro and Ors. (2018) 1 SCC 468
Fact of the Case:
The petitioners sought recognition of their distance education course as equivalent to a degree in Civil Engineering for promotion. The court considered the judgment in Orissa Lift Irrigation Corporation Limited v. Rabi Shankar Patro and Ors. and held that AICTE's approval was not obtained for the course.
Finding of the Court:
The court found that the petitioners' course was not recognized, and therefore, they could not claim equivalence to a degree in Civil Engineering.
Issues: Recognition of distance education course as equivalent to a degree in Civil Engineering for promotion.
Ratio Decidendi: The AICTE Act establishes AICTE's exclusive domain over technical education, and without its express permission, courses cannot be introduced through distance education mode.
Final Decision: The writ petition was dismissed as the petitioners' course was not recognized, and they could not claim equivalence to a degree in Civil Engineering.
The matter is listed on various applications which are being dealt with separately.
2. By virtue of Intervention Application No. 15589 of 2018, the interveners seeking themselves to be impleaded as party to the writ petition. The same would stand allowed. The petitioners will make the necessary amendments in the cause title of the writ petition within a period of 48 hours.
3. The Miscellaneous Application No. 1667 of 2019 is filed along with Counter Affidavit on behalf of respondent No. 3. In the counter affidavit, the respondent No. 3 has placed on record a judgment as rendered by the Hon’ble Apex Court as passed in Writ Petition (Civil) No. 905 of 2018, Jai Singh and others Vs. University Grants Commission and others which has recorded the following findings.
4. The Hon’ble Apex Court in its judgment as reported in 2018(1) SCC 468, Orissa Lift Irrigation Corporation Limited Vs. Rabi Sankar Patro and others has held that the course of AICTE as being imparted by the Institution of respondent No. 6 has been held out to be not to be a recognized course, which could be taken into consideration for granting the relief as claimed by the petitioners to the following effect:-
“23. UGC, DEC and AICTE as well as MHRD Government of India have issued various Notifications, Circulars and Guidelines touching upon the issues involved in the present cases, which may now be referred to:
23.1. On 25.11.1985, UGC (the minimum standards of instructions for the grant of the first degree through formal education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Science) Regulations, 1985 (hereinafter referred to as 1985 UGC Regulations) came into force which applied to every University including a Deemed to be University. The relevant portion of these Regulations are:-
“2(3). No student shall be eligible for the award of the first degree unless he has successfully completed a three year course; this degree may be called the B.A./B.SC/B.Com. (General/Honors/Special) degree as the case may be….
3. Working days - (1). Every University enrolling students for the 1st Degree Course shall ensure that the number of actual teaching days does not go below 180 in an academic year…..
(2). The total periods provided in the timetable shall not be less than 40 clock hours a week. The timetable on working days shall be so drawn up that physical facilities are adequately utilized and not used only for a few hours a day.”
23.2. In 1986, National Policy on Education was published by Government of India, Part VI of which dealt with Technical and Management Education, Paras 6.6, 6.8 and 6.19 of the Policy were:-
“6.6. In view of the present rigid entry requirements to formal courses restricting the access of a large segment of people to technical and managerial education, programmes through a distance learning process, including use of the mass media will be offered. Technical and management education programmes, including education in polytechnics, will also be on a flexible modular pattern based on credits, with provision for multi-point entry. A strong guidance and counseling service will be provided.
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6.8. Appropriate formal and non-formal programmes of technical education will be devised for the benefit of women, the economically and socially weaker sections, and the physically handicapped.
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6.19. The All India Council for Technical Education, which has been given statutory status, will be responsible for planning, formulation and maintenance of norms and standards, accreditation, funding of priority areas, monitoring and evaluation, maintaining parity of certification and awards and ensuring the coordinated and integrated development of technical and management education. Mandatory periodic evaluation will be carried out by a duly constituted Accreditation Board. The Council will be strengthened and it will function in a decentralized manner with greater involvement of State governments and technical institutions of good
