NDLI: Institution of Mechanical Engineers (india) Through Its Chairman Vs. State of Punjab & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss.2(f) 22 UGC Act 3 right to confer degrees
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	University Grants Commission Act, 1956 (3 of 1956)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	University Grants Commission Act, 1956– ss.2(f), 3, 22– Appellant conducts bi-annual examinations such as Technician Engineers’ Part-I & Part-II etc., and on successful completion thereof awarded the Certificate “Associate Member of Institution of Engineers” (AMIE) – On 26.05.76, the Government of India provisionally recognized a pass in the Associate Membership Examination of the Mechanical Engineers Association of India at par with degree in Mechanical Engineering from recognized Indian University– Notification issued by the Central Government recognizing the Part-I & Part-II Technician Engineers’ Examination (T) at par with Diploma in Mechanical Engineering from State Polytechnic – Qualifications in the said notification recognized for recruitment to subordinate posts and services under the Government of Punjab– Writ petition filed inter alia praying that the Certificate of Membership issued by the appellant be declared invalid for recruitment/promotion to the service concerning State affairs– Disposed of by consent order – Review Application – Vide judgment dtd. 06.11.12, in case of the appellant, the review was allowed inter alia holding in paragraphs 205-213 that the Membership Certificate granted could not be treated as equivalent to Degree in Engineering– Challenged by the appellant– SLP listed along with similar matters, but no submissions advanced by the appellant– Matters decided vide order dtd. 03.11.17 – Appellant sought clarification and modification thereof– Refused by the Registrar of Supreme Court holding that the application sought review of the judgment dtd. 03.11.17– Order of the Registrar under challenge in the present miscellaneous application – Held: Registrar was right in refusing to register the appellant’s application – On merits, consistent stand of the appellant has been that it is not covered under any of the Acts viz. the UGC Act, IGNOU Act and the AICTE Act – In terms of s.22(1) of the UGC Act, right to confer degrees can be exercised only by University established or incorporated by or under Central Act, Provincial Act or State Act or by an institution deemed to be University u/s.3, UGC Act or by an institution specially empowered by an Act of Parliament to confer or grant degrees– Appellant does not fall under any of the categories in s.22(1), UGC Act – If degree can be awarded only by those institutions which satisfy the description given in sub-sec.(1) of s.22, UGC Act, the mandate of Parliamentary legislation cannot be circumvented by awarding equivalence to Certificate awarded by the appellant– Neither can the appellant claim, as a matter of right to be entitled to confer any degree nor can it claim that Certificate awarded by it must be reckoned to be equivalent to Degree in Mechanical Engineering– Communication dtd. 26.05.76 under which the Certificate issued by the appellant was recognized to be equivalent to Degree in Mechanical Engineering from recognized Indian University, does not indicate any statutory provision under which such equivalence could be granted– However, the fact remains that the equivalence to the Certificates awarded by the appellant was granted by the Ministry of Human Resource Development (MHRD) in consultation with AICTE upto 31.05.13 as evident from Notification dtd. 06.12.12 issued by the Central Government and Public Notice issued by AICTE in August, 2017 – These communications also indicate that students who were enrolled upto 31.05.13 would be eligible for consideration in accordance with MHRD office memorandum/order in course – Exception made in favour of such candidates – Conclusions drawn in the present matter will apply after 01.06.13 – Certificate awarded by the appellant to candidates enrolled upto 31.05.13 be considered equivalent to Degree in Mechanical Engineering for the purpose of employment in Central Government– No error in the assessment made by the High Court in paragraphs 205 to 213 of its judgment – Societies Registration Act, 1860 – University Grants Commission Act, 1956– Indira Gandhi National Open University Act, 1985 – All India Council for Technical Education Act, 1987 – ss.2 (g), (h), 3, 10.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 894
Petitioner	Institution Of Mechanical Engineers (india) Through Its Chairman
Respondent	State Of Punjab & Ors.
SCR	[2019] 10 S.C.R. 175
Judgement Date	2019-08-13
Case Number	17922

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Institution of Mechanical Engineers (india) Through Its Chairman Vs. State of Punjab & Ors.

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