Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions Engineering degree – Acquired through Distance Education mode |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Education/Educational Institutions:Engineering degree – Acquired through Distance Education mode – From deemed to be University – Held by Supreme Court order dated 3.11.2017 that the award of degrees were illegal and opposed to law as it was without the approval of the competent Authority – However, the Court taking a sympathetic view in the interest of students who were enrolled during the academic sessions 2001-2005, suspended their degrees till they pass the examination/ test held by Competent Authority – Applications/Petitions filed by students for modification and clarification of the order dated 3.11.2017 – They inter alia sought that the test should be exempted for those who had got into new service through direct recruitment on the basis of such degree or acquired higher qualification on the basis of such degree and also for those whose ability was further tested by renowned institutions – They also sought that the test should not be applicable for ‘Diploma’ and ‘Masters degree’ – Held: Validity of courses leading to ‘Diploma’ was not the subject matter of the judgment dated 3.11.2017 – However, the courses leading to award of degrees, whether graduate or post-graduate degrees, was certainly the matter in issue – The infirmities in the degrees are basic and fundamental, and therefore, test cannot be exempted – However, as a one time relaxation, all such candidates, who wish to appear in test in terms of the judgment, can retain the degree in question and all the advantages flowing therefrom till one month after the declaration of the result of such test or till 31.7.2018 whichever is earlier – If the candidates pass in such first attempt, they would be entitled to retain all advantages – But if they fail or choose not to appear in the test, the degrees and all advantages shall stand suspended and withdrawn – They will be entitled to appear on the second occasion in terms of the judgment, but this exception shall not apply for such second attempt – Applications/ petitions disposed of. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2018 INSC 44 |
Petitioner | Orissa Lift Irrigation Corp. Ltd. |
Respondent | Rabi Sankar Patro & Ors. |
SCR | [2018] 1 S.C.R. 839 |
Judgement Date | 2018-01-22 |
Case Number | 17869 |
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