VINIT GARG AND OTHERS versus UNIVERSITY GRANTS COMMISSION AND OTHERS

Citation: [2019] 12 S.C.R. 1 · Decided: 29-08-2019 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Dismissed

Cited by 6 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
1
VINIT GARG AND OTHERS
v.
UNIVERSITY GRANTS COMMISSION AND OTHERS
(Writ Petition (Civil) No. 1510 of 2018)
AUGUST 29, 2019
[UDAY UMESH LALIT AND SANJIV KHANNA, JJ.]
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
 [2019] 12 S.C.R. 1
1
A
B
C
D
E
F
G
H
2
SUPREME COURT REPORTS
[2019] 12 S.C.R.
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.
Dismissing the writ petition, the Court
HELD: 1.1 Approval of AICTE was mandatory for starting
the Bachelor of Technology courses. Approval of the AICTE was
not obtained by TIET, Patiala. [Para 11][17-C]
1.2 Paragraph 4 of the ‘Guidelines for Establishing New
Departments Within the Campus, Setting Up of Off–Campus
Centre(s)/Institution(s)/Off–Shore Campus and Starting Distance
Education Programmes by the Deemed Universities’, issued by
the UGC makes it crystal clear that post the 2004 Guidelines,
every deemed to be university would require approvals of the
UGC and DEC, for starting any degree course through open and
distance learning mode. The condition of approval was mandatory.
It is not the case of the petitioners or TIET, Patiala that the latter
had taken prior approval of the UGC for the B.Tech. degrees
obtained through distance learning mode. Paragraph 5 relates to
ex–post facto approval of the UGC/DEC for continuation of
distance education programmes/study centres started without
specific approval of the UGC/DEC. Paragraph 5 is not applicable
in the instant case as the degree courses were started post
enactment of the 2004 Guidelines. [Para 12][18-A-C]
A
B
C
D
E
F
G
H
3
1.3 The petitioners and TIET, Patiala misconstrued
paragraph 49 of Orissa Lift Irrigation Corporation Limited–I. The
said paragraph refers to the 1994 Regulations issued by the
AICTE under which no courses or programmes could be
introduced by any technical institution/ university, including a
deemed university or a university department or college, except
with approval of the AICTE. Paragraph 

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