IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

288 (2 cases) CWP-13364-2021 (O&M)

Date of Decision: 30.01.2025 Joginder Singh Mor and others …Petitioners Versus Managing Director, UHBVNL and others …Respondents With CWP-4453-2023 (O&M)

Ajay Pal and others …Petitioners Versus Haryana Power Generation Corporation Limited and others …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Vijay Pal, Advocate for the petitioners (in both petitions)

Mr. B.R. Mahajan, Senior Advocate with Mr. Jagbir Malik, Advocate, Ms. Nikita Goel, Advocate and Ms. Harita Dhanda, Advocate for respondents in CWP-13364-2021 and for respondent Nos.1 to 3 in CWP-4453-2023 Mr. Amandeep Joshi, Deputy Advocate General, Haryana Mr. Nikhil Sharma, Advocate and Mr. Nitin Kaushal, Advocate for respondent No.4-AICTE (in CWP-4453-2024)

Mr. Aalok Jagga, Advocate and Mr. Harkirat S. Jagdev, Advocate for respondent Nos.25, 26, 32 & 33 (in CWP-4453-2023)

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JAGMOHAN BANSAL, J. (Oral)

1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-13364-2021.

2. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of orders dated 27.01.2021 (Annexures P-27 & P-27A) vide which the respondent has rejected their claim.

3. The Petitioner No.1 joined respondent-Uttar Haryana Bijli Vitran Nigam Limited as Junior Engineer (Electrical) in 2004. Petitioner No.2 joined as Assistant Lineman in 1997. Petitioner No.3 joined as Junior Engineer in 2007. A dispute with respect to validity of B.Tech. Degree obtained from deemed Universities came up for consideration before a two Judge Bench of Supreme Court in Orissa Lift Irrigation Corp. Ltd. v. Rabi Sankar Patro and others, (2018) 1 SCC 468, [for short ‘Orissa Lift Irrigation (I)’]. The Court found that there are few deemed Universities which are granting B.Tech. Degree through distance education mode. They are not having infrastructure as well as proper permission from University Grants Commission (for short ‘UGC’). The Court expressed its displeasure on the functioning of deemed Universities and held that degree obtained from these Universities are bad in the eye of law. The order was going to affect future of many students who had obtained degrees from deemed Universities and on the basis of these degrees, they had obtained either job or further degrees like M.B.A., M.Tech etc. There were many candidates who were working for quite a long time with Government/Semi-Government organizations. Considering the difficulties bound to be faced by the candidates on account of declaration of degrees as invalid, the Supreme Court decided to grant opportunity to all those candidates who were enrolled during Academic Session 2001-05 to clear exam to be conducted by All India Council for Technical Education (for short ‘AICTE’)/UGC. These two authorities were directed to evolve modalities to conduct the exam. It was held that all the degrees in Engineering awarded by deemed Universities stand suspended. The candidates were granted two chances to clear exam to be conducted by AICTE. The relevant extracts of the judgment are reproduced as below: -

“57. Having found the entire exercise of grant of ex post facto approval to be incorrect and illegal, the logical course in normal circumstances would have been not only to set aside such ex post facto approvals but also to pass consequential directions to recall all the degrees granted in pursuance thereof in respect of courses leading to award of degrees in Engineering. However, since the 2004 UGC Guidelines themselves had given liberty to the deemed to be universities concerned to apply for ex post facto approval, the matter is required to be considered with some sympathy so that interest of those students who were enrolled during the academic sessions 2001-2005 is protecte