Judgment

Date of order : 08/01/2024

1. In this bunch of petitions, two private educational institutes i.e. Institute Of Advanced Study In Education (IASE- for short) and Janardan Rai Nagar Rajasthan Vidyapeeth (JRN- for short) and some of their students are seeking recognition of the degrees/diplomas awarded through distance education in various streams/courses. During pendency of the lis herein, Orissa High Court allowed a writ petition1 filed by an employee of Orissa Lift Irrigation Corporation Ltd.(OLCL- for short), whereby it was held that his degree in engineering obtained, while in government service, from JRN through distance mode was valid. Orissa Lift Irrigation Corporation Ltd. challenged said judgment in Supreme Court.2 Around the same time, a public interest litigation was also filed in Punjab and Haryana High Court, challenging the engineering degrees awarded through distance education, inter alia, by IASE and JRN. Vide a DB judgment3 degrees awarded in technical education/engineering through distance mode by both these institutes were held to be invalid.

1.1 JRN did not assail the invalidity of degrees, but some of the students and IASE unsuccessfully challenged the judgment in Kartar Singh ibid before the Apex Court. In fact, appeals before Supreme Court turned out to be rather counter-productive. The Supreme Court, while upholding Kartar Singh judgment, came down heavily on both the private institutes viz. IASE and JRN, if one may use the words, with a ton of bricks. Not only it ordered an enquiry by UGC to ascertain their future continuation as deemed to be universities, but also directed a CBI enquiry for the flagrant violations in awarding engineering degrees through distance education mode. Controversy qua technical education degrees through distance mode is thus res-judice. What we are concerned here, is with the validity of degrees/diplomas in general education (other than technical education) through distance mode, as

1 Rabi Sankar Patro v State of Orissa WP(c) 3848 of 2010

2 Orissa Lift Corporation Ltd v Rabi Sankar Patro 2018 (1)SCC 468 (To be referred as

OLCL Judgment)

3 Kartar Singh v UOI, 2012 SCC Online P&H 21066

well as, degrees awarded in certain new courses. Diplomas in technical education through distance mode are also under scanner. More of it, in better details, later.

2. The landscape of education in India has undergone a transformation with the advent of distance learning, providing opportunities for students to pursue their academic endeavors beyond the traditional classroom setting. However, the evolution of distance learning has also led to the emergence of unscrupulous institutions exploiting the system for personal gain. Despite lacking the necessary infrastructure and resources, these institutions falsely claim affiliation with reputed universities, deceiving students across various disciplines. The proliferation of these dubious institutions is not only detrimental to the reputation of the education sector but also jeopardizes the aspirations and future of countless students who unknowingly enroll in their programs. The lack of oversight and lackadaisical approach to implement regulations have left much desire, allowing such establishments to thrive, preying on the aspirations of those seeking education through unconventional means. Role of Ministry of Human Resource Development (MHRD)/University Grants Commission (UGC) is to act in response to this burgeoning threat. They are entrusted with the pivotal role in safeguarding the integrity of distance education in the country.

3. Under judicial review before this Court is the legitimacy of the actions and directives of the erstwhile Distance Education Council- DEC (now Distance Education Board-DEB), UGC and MHRD. The bunch of petitions is being disposed of vide this common order and judgment, since the issues involved therein are similar. For convenience, illustrative factual narrative and recitals are collectively sourced from Civil Writ Peti