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2024 Supreme(Online)(DEL) 487
HIGH COURT OF DELHI
MR JUSTICE VIBHU BAKHRU, Tara Vitasta Ganju, JJ
YASHPAL SINH JADEJA – Appellant
Versus
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE) & ANR. – Respondent
LPA-535/2022
Appellant in-person. Mr. Anil Soni, CGSC and Mr. Devvrat Yadav, Advocate. Mr. Tanveer Ahmed Ansari, Sr Panel Counsel for UOI.
The MHRD lacks authority to grant equivalence to qualifications from technical institutions not recognized as universities, and distinctions made by AICTE regarding recognition are valid.
Headnote:(A) All India Council for Technical Education Act, 1987 - Recognition of equivalence to technical courses - The appellant challenged the dismissal of their writ petition against a public notice by AICTE limiting recognition to students enrolled before 31.05.2013. The court found that the AICTE has the authority to determine equivalence and that the impugned notice was not discriminatory. (Paras 1, 11, 19, 35)
(B) Legal Authority - The court reiterated that the MHRD lacks the power to grant equivalence to qualifications from technical institutions not recognized as universities. (Paras 28, 29, 30)
(C) Discrimination - The court held that denying equivalence to students enrolled after 31.05.2013 was not discriminatory as they were aware of the recognition limits. (Paras 35, 36)
Facts of the case:
The appellant and others challenged AICTE's public notice restricting equivalence recognition to students enrolled before a specified date, arguing it was arbitrary and discriminatory.
Findings of Court:
The court upheld AICTE's authority to determine equivalence and found no merit in the appeal.
Issues: The main issues were whether the petitioners were entitled to recognition of their qualifications and if the public notice was discriminatory.
Ratio Decidendi: The court concluded that the MHRD could not grant equivalence to qualifications from non-university institutions and that the distinction made by AICTE was justified.
Result: Appeal dismissed.
VIBHU BAKHRU, J
1. The appellant has filed the present intra-court appeal impugning an order dated 04.07.2022 (hereafter the impugned order) passed by the learned Single Judge whereby the writ petition filed, inter alia, by the appellant being [W.P.(C) No.4059/2019] captioned Yashpal Sinh Jadeja & Ors. v. All India Council for Technical Education (AICTE) & Anr., was dismissed. The appellant and five other similarly placed LPA 535/2022 individuals (hereafter referred to as the petitioners) had filed the aforementioned writ petition, inter alia, impugning a public notice dated 31.10.2017 being Advt. No. P&AP/10(04)/2017 (hereafter the impugned public notice) published by respondent no.1 – All India Council for Technical Education (hereafter AICTE) – publicizing its decision to recognize equivalence to technical courses conducted by various professional bodies / institutions, which are duly recognized by Government of India, Ministry of Human Resource Development [MHRD – now Ministry of Education (MoE)] upto 31.05.2013.
2. In a subsequent application filed in the aforesaid writ petition, the petitioners had also impugned a Circular dated 23.11.2020 clarifying that AICTE’s decision to recognize the qualifications in respect of students enrolled in institutions prior to 31.05.2013 was based on the decision of the MHRD in this regard.
FACTUAL CONTEXT
3. The petitioners state that the Institution of Engineers (India) (hereafter IEI) was set up in the year 1920 to promote and advance engineering and technology. In the year 1928, IEI started a non-formal engineering programme in India and started conducting Sections A and B Examinations in core engineering disciplines. IEI was granted Royal Charter in 1935 for promoting the general advancement of engineering and engineering science and their application in India, and to facilitate exchange of information and ideas on those subjects. For the aforesaid purpose, IEI could establish colleges, schools and other educational establishments for the students to obtain education and training in the LPA 535/2022 subjet of engineering. The Government of India, Ministry of Education and Social Welfare (Department of Education) Notification No.F.18- 4/78-T.7 dated 16.08.1978 and Notification No.F.24-6/2002-TS.III dated 16.01.2006 had recognized fifteen courses of Sections A and B examinations conducted by IEI (hereafter AMIE Courses) as equivalent to a degree in engineering for the purpose of recruitment and promotion in the Central Government.
4. AICTE was set up in the year 1945 by a government resolution as an expert body to advice the Central and State Governments for ensuring co-ordinated development of technical education in India.
AICTE was granted the statutory status by enactment of the All India Council for Technical Education Act, 1987 (hereafter the AICTE Act).
5. On 10.07.2012, the MHRD issued an Office Memorandum bearing F.No.11-15/2011-AR(TS.II) regarding recognition of the AMIE Courses – fifteen courses in Sections A and B examinations - conducted by IEI. The Government of India communicated its decision that a review of the curriculum, mode of delivery of the programme and its duration would be carried out by the concerned Regulator and till the review is complete, the institutions with permanent recognition were directed not make fresh admissions. The said Office Memorandum (hereafter also referred to as the OM dated 10.07.2012) is set out below:
- “Shastri Bhawan, New Delhi-110115 Dated the 10th July, 2012 To Hony Secretary, LPA 535/2022 Institution of Engineers (India) 8 Gokhale Road, Kolkata (West Bengal) Subject: Regarding recognition of 15 courses of Section A & B examination conducted by Institution of Engineers (India), 8 Gokhale Road, Kolkata.
- Sir, Please refer to this Ministry’s notification 24-6/2002- Ts.III dated 16.01.2006 and further notification of even number dated 10.12.2007 regarding recognition of 15 courses of Section A & B examination conducted by Institution of E
