ORDER

Uday Umesh Lalit, J.

1. These applications have been preferred seeking clarification and modification of directions issued by this Court in its Judgment and Order dated 03.11.2017 (“the judgment” for short) in Civil Appeal Nos.17869-17870 of 2017. Various directions were issued in the judgment and more particularly in paragraph No.53 of the judgment. The gist of the applications and the contentions advanced by the learned counsel were as follows:-

A] M.A. Nos. 1795-1796 of 2017 in CIVIL APPEAL Nos.17869-17870 of 2017 (I.A. No.138771 of 2017)
MA 1797-1798/2017 in C.A. No. 17869-17870/2017 (I.A. No.138778 of 2017)
MA 1799-1800/2017 in C.A. No. 17869-17870/2017(I.A. No.13890 of 2017)
MA 1801-1802/2017 in C.A. No. 17869-17870/2017 (I.A. No.138791 of 2017)
MA 1803-1804/2017 in C.A. No. 17869-17870/2017 (I.A. No.138793 of 2017)
MA 1805-1806/2017 in C.A. No. 17869-17870/2017(I.A. No.138795 of 2017)
The applicants, holding diplomas in Engineering, enrolled themselves in 2005 in courses leading to award of B.Tech degree offered by Deemed to be University in question through distance learning mode. Later, on the basis of the degrees awarded by the Deemed to be Universities, they underwent independent selection undertaken by Union Public Service Commission and entered certain services as direct recruits and have presently either been engaged in the same service or have advanced in career on the basis of such selection by UPSC.

Mr. V. Giri, learned Senior Advocate submitted that the controversy in the judgment was principally concerning the cases of in-service candidates who were initially employed as diploma holders but while in service had been awarded degrees in Engineering by Deemed to be Universities in question through distance learning mode; and that this Court was not called upon to consider cases where such degrees themselves became the foundation for a subsequent employment or selection and further advancement in career. He further submitted that an exception be made in favour of such candidates whose qualifications were independently considered by an authority such as UPSC and were selected through competitive selection process and in any case, even if the Judgment were to apply to such candidates, the suspension of their degrees and all advantages flowing therefrom till they pass the test as indicated in the judgment ought not to be insisted upon. He submitted that unlike in-service candidates who may not be losing their jobs, such candidates, who had independently undergone fresh selection and were directly appointed would lose their jobs completely and even if they were to successfully pass the test conducted by AICTE, restoration of their original position and jobs would itself become a difficult proposition.

       B] M.A. Nos.13-14/2018 in C.A. No.17869-17870 of 2017(I.A. No.991 & 994 of 2018 M.A. Nos.15-16/2018 in C.A. No.17869-17870 of 2017(I.A. No.1019 of 2018

The applicants had completed B.Tech courses in Computer Science through distance education mode in 2004. According to them, instructions were imparted in ITM International and they were awarded degrees by Allahabad Agricultural Institute, Deemed to be University. Later they acquired degrees in M.Tech and other qualifications based on such B.Tech degree and have thereafter advanced in career.

Ms. Meenakshi Arora, learned Senior Advocate while adopting the submissions of Mr. V. Giri, learned Senior Advocate submitted that ITM International is an Institution of repute and no infirmity could be attributed to their degrees. Further, her clients in any case had undergone further selection process where knowledge of the candidates was independently tested and they were appointed in others posts.

C] Diary No.356 of 2018 in C.A. No.17869-17870 of 2017 (I.A. No.1080 of 2018) M.A. Nos.17-18 of 2018 in C.A. No.17869-17870 of 2017 (I.A. Nos.1049 and 1054 of 2018

The candidates had acquired first degrees in Engineering from a regular and approved Institution and as such