Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | College admission programme through distance learning mode – Approval of UGC and AICTE Requirement of 1956 Educational Institution University Grants Commission Act |
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 Referred Case 5 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | University Grants Commission Act, 1956: Institutions offering technical education programme through distance learning mode – Approval of University Grants Commission (UGC) and All India Council for Technical Education (AICTE) – Requirement of – Held: UGC and AICTE, among other statutory regulators, have been vested with the powers to regulate technical courses imparted through distance learning mode – It is mandatory for institutions imparting technical education programme through distance learning mode to seek approval and recognition of UGC and AICTE – All India Council for Technical Education Act, 1989. Education/Educational Institutions: College admission – Institutions offering technical education programme through distance learning mode – Approval of UGC and AICTE – Requirement of – On facts, petitioners- diploma holders in technical field, working with the government, selected for the B.Tech. degree course through the distance mode programme conducted by Institute-TIET(deemed to be University) – Said Institute was granted provisional recognition by Distance Education Council (DEC) to start the course for one year – On the basis thereof, TIET offered B.Tech. degree to working professionals who had a diploma and two years’ experience in the respective branches in engineering in the academic years 2007-08 and 2008-09 – Petitioners took admission believing that all approvals were in place – Writ petition by petitioners seeking clarification that the B.Tech degrees acquired by them through distance learning mode from TIET are valid, recognised and to be treated at par with degrees granted to regular students – Refusal by UGC to treat the said degrees as valid since the said courses were conducted without the approval of UGC and AICTE – Held: Approval of UGC and AICTE was not obtained by TIET which was held mandatory in Orissa Lift Irrigation Corporation Limited-I case – Petitioners and TIET misconstrued the judgment in Orissa Lift-I case – They overlooked several developments, correspondence, policy decisions and notification noticed in Orissa Lift-I case– Furthermore, provisional recognition by the DEC was contrary to the law – Government had held that the unilateral approvals of the DEC were invalid – In view thereof, TIET not competent to award graduation degrees in technical courses via distance mode. Orissa Lift Irrigation Corporation Limited-I’s case – Enunciation of dictum – Explained and clarified – Held: Approval of the AICTE and UGC mandatory for starting the technical education courses through distance learning mode. University Grants Commission Act, 1956: Purpose of enactment – Stated. |
Judge | Hon'ble Mr. Justice Sanjiv Khanna |
Neutral Citation | 2019 INSC 979 |
Petitioner | Vinit Garg And Others |
Respondent | University Grants Commission And Others |
SCR | [2019] 12 S.C.R. 1 |
Judgement Date | 2019-08-29 |
Case Number | 1510 |
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