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

Citation: [2018] 1 S.C.R. 839 · Decided: 22-01-2018 · Supreme Court of India · Bench: ADARSH KUMAR GOEL · Disposal: Disposed off
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Judgment (excerpt)

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839
ORISSA LIFT IRRIGATION CORP. LTD.
v.
RABI SANKAR PATRO & ORS.
(M.A. Nos. 1795-1796 of 2017)
IN
(Civil Appeal Nos. 17869-17870 of 2017 )
JANUARY 22,  2018
[ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.]
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
839
[2018] 1 S.C.R. 839
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SUPREME COURT REPORTS
[2018] 1 S.C.R.
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shall stand suspended and withdrawn – They will be entitled to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.
CIVIL APPELLATE JURISDICTION : M. A. Nos. 1795-1796
of 2017 in Civil Appeal Nos. 17869-17870 of 2017.
From the Judgment and Order dated 26.02.2010 in Writ Petition
(C) No. 3848 of 2010 and final Judgment and order dated 15.03.2012 in
Review Petition No. 58 of 2012 of the High Court of Orissa at Cuttack.
WITH
Diary No(s).39667/2017
IA 138802/2017 in C.A. No.17870/2017)
MA 1807-1808/2017 in C.A. No. 17869-17870/2017
MA 1797-1798/2017 in C.A. No. 17869-17870/2017
MA 1799-1800/2017 in C.A. No. 17869-17870/2017
MA 1801-1802/2017 in C.A. No. 17869-17870/2017
MA 1803-1804/2017 in C.A. No. 17869-17870/2017
MA 1805-1806/2017 in C.A. No. 17869-17870/2017
MA 1864-1865/2017 in C.A. No. 17869-17870/2017
MA 1866-1867/2017 in C.A. No. 17869-17870/2017
MA 1870-1871/2017 in C.A. No. 17869-17870/2017
MA 1868-1869/2017 in C.A. No. 17869-17870/2017
MA 1872-1873/2017 in C.A. No. 17869-17870/2017
MA 11-12/2018 in C.A. No. 17869-17870/2017
MA 1874-1875/2017 in C.A. No. 17869-17870/2017
MA 1876-1877/2017 in C.A. No. 17869-17870/2017
Diary No(s). 42444/2017
IA 487/2018 in C.A. No.17870/2017)
MA 5-6/2018 in C.A. No. 17869-17870/2017
Diary No(s).356/2018
IA 1080/2018 in C.A. No.17870/2017)
MA 17-18/2018 in C.A. No. 17869-17870/2017
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MA 13-14/2018 in C.A. No. 17869-17870/2017
MA 15-16/2018 in C.A. No. 17869-17870/2017
Writ Petition (Civil) No. 1233 of 2017
M.A. No. 38 of 2018 in C.A. No.17907/2017
Maninder Singh, ASG, V. Mohana, V. Giri, Ms. Meenakshi Arora,
Kapil Sibal, Dhruv Mehta, Mahabir Singh, R. S. Suri, Vikramjit Banerjee,
Sr. Advs., Apoorv Kurup, Vikas Singh Jangra, A. C. Boxipatro, Prabhas
Bajaj, Ms. Nidhi Mittal, Ms. Swarupama Chaturvedi, Anmol, Ms. Kirti
Dua, G. S. Makker, Anmol Chandan, Mohan Prasad Gupta, Ms. Rukmini
Bobde, Ms. Ranjeeta Rohatgi, Ms. Samten Doma, Ms. Pragya
Baghel, Ms. Madhusmita Bora, Ms. Supriya Chattopadhyay, Rajesh Singh,
Rabin Majumdar, P. S. Sudheer, Rishi Maheshwari, Bharat Sood, Ayush
Anand, Shubhendu Anand, Anupam Lal Das, Anirudh Singh, Krishanu
Barua, Dr. Rajeev Dhavan, Deepak Kanwar, Sudarshan S. Rawat, Sudhir
Kumar, Harish Pandey, Gaurav Sharma, Manish Kumar, Rakesh Tiwari,
U. C. Mohanty, Kumar Gaur
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