JAI SINGH AND ORS. versus UNIVERSITY GRANTS COMMISSION AND ORS.

Citation: [2018] 12 S.C.R. 343 · Decided: 24-09-2018 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Dismissed

Judgment (excerpt)

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JAI SINGH AND ORS.
v.
UNIVERSITY GRANTS COMMISSION AND ORS.
(Writ Petition (Civil) No. 905 of  2018)
SEPTEMBER 24, 2018
[ABHAY MANOHAR SAPRE AND
UDAY UMESH LALIT, JJ.]
Universities: Deemed to be University – Whether Deemed to
be University without there being any approval from the AICTE could
start courses leading to award of Degrees in Engineering through
Open Distance Learning – In the instant case, the petitioners
enrolled themselves in years 2004 and 2005 in courses leading to
award of Degree in Engineering through Open Distance Learning
by respondent no.4-Deemed to be University –  Case of petitioners
is completely covered by the decision of *Orissa Lift Irrigation
Corporation case, wherein it was held that if the students were
admitted after the academic sessions 2001-2005, their degrees in
Engineering awarded by the Deemed to be University concerned
through Distance Education Mode would be treated as cancelled
and all benefits secured by such candidates would stand withdrawn
– In view of the said judgment, instant petition is dismissed.
Dismissing the writ petition, the Court
HELD: The instant petition is completely covered by the
decision of this Court in *Orissa Lift Irrigation Corporation and
not by the decision of this Court in **Jawaharlal Nehru
Technological University. [Para 5] [349-A-B]
*Orissa Lift Irrigation Corporation Limited v. Rabi
Shankar Patro and Ors. (2018) 1 SCC 468 – relied on
Bharathidasan University and Anr.  v.  All India Council
for Technical Education and Ors. (2001) 8 SCC 676 :
[2001] 3 Suppl. SCR 253 – referred to
**Jawaharlal Nehru Technological University  v.  The
Chairman and Managing Director, Transmission
[2018] 12  S.C.R. 343
                                                  343
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SUPREME COURT REPORTS
[2018] 12  S.C.R.
Corporation of Telangana Ltd. & Ors. Civil Appeal No.
3697-3698 of 2018 – held inapplicable
Case Law Reference
(2018) 1 SCC 468
relied on
Para 2
[2001] 3 Suppl. SCR 253
referred to
Para 2
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil)
No. 905 of 2018
Under Article 32 of the Constitution of India.
Soli Sorabjee, Sr. Adv., Praveen Agrawal, Ms. Pushpa Chauhan,
Advs. for the petitioners.
The Judgment of the Court was delivered by
UDAY UMESH LALIT, J. 1. Seven petitioners who had enrolled
themselves in the years 2004 and 2005 in courses leading to award of
Degree in Engineering through Open Distance Learning by respondent
No.4 - Janardan Rai Nagar Rajasthan Vidyapeeth (deemed to be
University), have filed the present Writ Petition seeking following reliefs:
i)      Issue a writ of Mandamus or any other suitable Writ directing
the Respondents more particularly the Respondent No.2/
AICTE to issue a clarification that the degree in technical
education granted to the petitioners herein by the Respondent
Universities through Open & Distance Learning Mode are
valid, do not require AICTE approval, and will be treated at
par with corresponding Degrees granted by any traditional
University/AICTE recognized Institution in the Country.
ii)   Issue a Writ in the nature of Mandamus or any other Writ/
Direction/Order, commanding the respondents and their men,
agents and servants not to declare the technical degrees
obtained by the Writ Petitioners as well as similarly
circumstanced persons as null.
iii)   Issue a Writ in the nature of Mandamus or any other Writ/
Direction/Order, declaring the degrees obtained through
distance education mode or off campus mode to be valid for
all purposes.
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iv)  Issue a Writ in the nature of Certiorari or any other Writ/
Direction/Order, quashing all steps taken by the Respondents
No. 1 to 7 and their men, agents and servants for declaring
any degree granted and/or obtained through distance education
mode as illegal and consequentially declare such steps as
illegal.
v)   Issue a Writ in the nature of Certiorari or any other Writ/
Direction/ Order, calling upon the Respondents to certify and
produce all necessary records relating to the present case
and on perusal thereof quash and/or set aside and/or declare
the same to be illegal.
vi)   Grant an ex-party, ad-interim injunction against the respondents
restraining the respondents to give effect to directions
contained in Paras 66-66.13 of (2018) 1 SCC 468 titled Orissa
Lift Irrigation Corporation Limited  Vs.  Rabi Shankar
Patro and Ors. till the final adjudication of the present Writ
Petition.
2. The controversy in question including the 

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