Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational Institutions: Technical education - Through distant education mode - Imparted by Deemed to be University |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Education/Educational Institutions:Technical education - Through distant education mode - Impartedby Deemed to be University - Respondent-employees acquiredEngineering degree through distance education mode, from Deemedto be Universities - Thereafter, filed Writ Petition seeking promotionon the basis of engineering degree - Plea of appellant-employerthat the employees were not qualified for promotion as degreesacquired by them was from such institutions which were not approvedby AICTE and hence not recognized - High Court allowed the caseof employees holding that service rules did not specify thatqualifications obtained through distance education was notpermissible and that the degree was required to be obtained fi'omthe approved Universities of AICTE - On appeal, held: Decision asto whether subjects leading to degrees in engineering, could betaught in distance education mode or not is within the exclusivedomain of AICTE - The Deemed to be universities in question hadstarted the courses in Engineering through distance education modewithout the approval of AICTE - IGNOU Act nowhere entitlesIGNOU to be the Controlling Authority of the entire field of distanceeducation of learning across the country and in relation toprogrammes of other Universities or institutions - Therefore,Distance Education Council (DEC) created u/s. 28 of IGNOU Actcannot act as a regulator for other Universities - Despite severalpolicy guidelines that DEC alone was not entitled to grantpermission for open distance learning, DEC went on grantingpermission without consulting AICTE - Such exercise on part ofDEC was without jurisdiction - Therefore, the permission grantedby DEC in the first instance allowing the Deemed to be Universitiesin question to introduce courses leading to award of degrees inengineering were illegal and opposed to law - Such illegality could not be cured by ex post facto approvals granted later - The grant ofex post facto approval were also superficial and perfimctory -However, since 2004 UGC Guidelines themselves had given libertyto the concerned Deemed to be Universities to apply for ex-postfacto approval, the matter is considered with sympathy in the interestof students who were enrolled during the academic session 2001-2005 - it would be appropriate to grant some chance to theconcerned students to have their ability tested by authoritiescompetent in thrit behalf' - Therefore, the degrees qf' such studentsshall stand suspended till they pass such examination under thejoint supervision of AJCTE-UGC - Degrees of students who werec admitted after ex-post facto approval, shall stand recalled and betreated as cancelled - Direction to CBJ to carry out investigationas regards the conduct of the concerned officials who grantedpermission - UGC is directed to consider withdrawal of Deemed tobe University status to the concerned institutions - UGC is alsodirected to stop the practice of using the word "University "by theDeemed to be Universities as this is opposed to the spirit of' s. 23 ofUGC Act -- All lndia Council for Technical Education Act, 1987 -University Grants Commission Act, 1956 - s. 23 - lndira GandhiNational Open University Act, 1985 - s. 28 - All lndia Council forTechnical Education (Grant of Approval for Starting New TechnicalE Institutions, Introduction of Courses or Programmes and Approvalof Intake Capacity of Seats for Courses or Programmes)Regulations, 1994 - National Policy on Education. 1986 -Guidelines for establishing new departments within the campus,setting up of off-campus centre(s)linstitutions(s)lqff-shore campusand starting distance education programmes by the Deemed to beuniversities, 2004 - Orissa Service Engineering Rules, 1941.'University' and Deemed to be University' - Distinctionbetween - Discussed. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2017 INSC 1075 |
Petitioner | Orissa Lift Irrigation Corp. Ltd. |
Respondent | Rabi Sankar Patro & Ors. |
SCR | [2017] 13 S.C.R. 921 |
Judgement Date | 2017-11-03 |
Case Number | 17869-17870 |
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