ORISSA LIFT IRRIGATION CORP. LTD. versus RABI SANKAR PATRO & ORS.

Citation: [2017] 13 S.C.R. 921 · Decided: 03-11-2017 · Supreme Court of India · Bench: ADARSH KUMAR GOEL · Disposal: Disposed off

Cited by 5 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

[2017] 13 S.C.R.921 
ORISSA LIFT IRRIGATION CORP. LTD. 
v. 
RABI SANKAR PATRO & ORS. 
(Civil Appeal Nos. 17869-17870of2017) 
NOVEMBER 3, 2017 
[ADARSH KUMAR GOEL AND UDAY UMESH LAUT, JJ.] 
Education/Educational Institutions: 
Technical education - Through distant education mode - Imparted 
A 
B 
by Deemed to be University - Respondent-employees acquired C 
Engineering degree through distance education mode, from Deemed 
to be Universities - Thereafter, filed Writ Petition seeking promotion 
on the basis of engineering degree - Plea of appellant-employer 
that the employees were not qualified for promotion as degrees 
acquired by them was from such institutions which were not approved D 
by AICTE and hence not recognized - High Court allowed the case 
of employees holding that service rules did not specify that 
qualifications obtained through distance education was not 
permissible and that the degree was required to be obtained fi'om 
the approved Universities of AICTE - On appeal, held: Decision as 
to whether subjects leading to degrees in engineering, could be 
taught in distance education mode or not is within the exclusive 
domain of AICTE - The Deemed to be universities in question had 
started the courses in Engineering through distance education mode 
without the approval of AICTE - IGNOU Act nowhere entitles 
IGNOU to be the Controlling Authority of the entire field of distance 
education of learning across the country and in relation to 
programmes of other Universities or institutions - Therefore, 
Distance Education Council (DEC) created u/s. 28 of IGNOU Act 
cannot act as a regulator for other Universities - Despite several 
policy guidelines that DEC alone was not entitled to grant 
permission for open distance learning, DEC went on granting G 
permission without consulting AICTE - Such exercise on part of 
DEC was without jurisdiction - Therefore, the permission granted 
E 
F 
by DEC in the first instance allowing the Deemed to be Universities 
in question to introduce courses leading to award of degrees in 
engineering were illegal and opposed to law - Such illegality could 
H 
921 
922 
A 
B 
c 
D 
E 
F 
G 
H 
SUPREME COURT REPORTS 
[2017] 13 S.C.R. 
not be cured by ex post facto approvals granted later - The grant of 
ex post facto approval were also superficial and perfimctory -
However, since 2004 UGC Guidelines themselves had given liberty 
to the concerned Deemed to be Universities to apply for ex-post 
facto approval, the matter is considered with sympathy in the interest 
of students who were enrolled during the academic session 2001-
2005 - it would be appropriate to grant some chance to the 
concerned students to have their ability tested by authorities 
competent in thrit behalf' - Therefore, the degrees qf' such students 
shall stand suspended till they pass such examination under the 
joint supervision of AJCTE-UGC - Degrees of students who were 
admitted after ex-post facto approval, shall stand recalled and be 
treated as cancelled - Direction to CBJ to carry out investigation 
as regards the conduct of the concerned officials who granted 
permission - UGC is directed to consider withdrawal of Deemed to 
be University status to the concerned institutions - UGC is also 
directed to stop the practice of using the word "University "by the 
Deemed to be Universities as this is opposed to the spirit of' s. 23 of 
UGC Act -- All lndia Council for Technical Education Act, 1987 -
University Grants Commission Act, 1956 - s. 23 - lndira Gandhi 
National Open University Act, 1985 - s. 28 - All lndia Council for 
Technical Education (Grant of Approval for Starting New Technical 
Institutions, Introduction of Courses or Programmes and Approval 
of 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 campus 
and starting distance education programmes by the Deemed to be 
universities, 2004 - Orissa Service Engineering Rules, 1941. 
'University' and Deemed to be University' - Distinction 
between - Discussed. 
Disposing of the appeals, the Court 
HELD: 1. The definition of"Technical Education" in Section 
2(g) of All India Council for Technical Education Act, 1987 
(AICTE Act) shows that the emphasis is on the programmes of 
education, research and training in Engineering Technology in 
general and the idea is not limited

Excerpt shown. Read the full judgment & AI analysis in Lexace.