1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 17869-17870 /2017

(Arising out of Special Leave Petition (C) Nos.19807-19808/2012)

ORISSA LIFT IRRIGATION CORP. LTD ……APPELLANTS

VERSUS

RABI SANKAR PATRO & ORS. ….RESPONDENTS

With

CIVIL APPEAL NOS. 17871-17872 /2017

(Arising out of Special Leave Petition (C) Nos.19851-19852/2012)

CIVIL APPEAL NOS. 17899-17900 /2017

(Arising out of Special Leave Petition (C) Nos.19848-19849/2012)

CIVIL APPEAL NOS. 17897-17898 /2017

(Arising out of Special Leave Petition (C) Nos.19842-19843/2012)

CIVIL APPEAL NOS. 17895-17896 /2017

(Arising out of Special Leave Petition (C) Nos.19844-19845/2012)

CIVIL APPEAL NOS. 17879-17880 /2017

(Arising out of Special Leave Petition (C) Nos.19824-19825/2012)

CIVIL APPEAL NOS. 17885-17886 /2017

(Arising out of Special Leave Petition (C) Nos.19828-19829/2012)

CIVIL APPEAL NOS. 17881-17882 /2017

(Arising out of Special Leave Petition (C) Nos.19814-19815 /2012)

CIVIL APPEAL NOS. 17883-17884 /2017

(Arising out of Special Leave Petition (C) Nos.19830-19831/2012)

2

CIVIL APPEAL NOS. 17893-17894 /2017

(Arising out of Special Leave Petition (C) Nos.19840-19841/2012)

CIVIL APPEAL NOS. 17877-17878 /2017

(Arising out of Special Leave Petition (C) Nos.19826-19827/2012)

CIVIL APPEAL NOS. 17889-91780 /2017

(Arising out of Special Leave Petition (C) Nos.19838-19839/2012)

CIVIL APPEAL NOS. 17875-17876 /2017

(Arising out of Special Leave Petition (C) Nos.19812-19813/2012)

CIVIL APPEAL NOS. 17873-17874 /2017

(Arising out of Special Leave Petition (C) Nos.19820-19821/2012)

CIVIL APPEAL NOS. 17887-17888 /2017

(Arising out of Special Leave Petition (C) Nos.19834-19835/2012)

CIVIL APPEAL NOS. 17891-17892 /2017

(Arising out of Special Leave Petition (C) Nos.19836-19837/2012)

CIVIL APPEAL NO. 17901 /2017

(Arising out of Special Leave Petition (C) No.14686/2014)

AND

CIVIL APPEAL NOS. 17902-17905 /2017

(Arising out of Special Leave Petition (C) Nos.35793-35796/2012)

VIJAY KUMAR AND OTHERS, ETC. ETC. ……APPELLANTS

VERSUS

KARTAR SINGH AND OTHERS, ETC. ETC. ….RESPONDENTS

With

CIVIL APPEAL NO. 17906 /2017

(Arising out of Special Leave Petition (C) No.37028/2012)

3

CIVIL APPEAL NO. 17907 /2017

(Arising out of Special Leave Petition (C) No.37957/2012)

CIVIL APPEAL NO. 17908 /2017

(Arising out of Special Leave Petition (C) No.38211/2012)

CIVIL APPEAL NO. 17910 /2017

(Arising out of Special Leave Petition (C) No.38230/2012)

CIVIL APPEAL NO. 17909 /2017

(Arising out of Special Leave Petition (C) No. 38220/2012)

CIVIL APPEAL NO. 17912 /2017

(Arising out of Special Leave Petition (C) No.38846/2012)

CIVIL APPEAL NO. 17911 /2017

(Arising out of Special Leave Petition (C) No.38458/2012)

CIVIL APPEAL NO. 17913 /2017

(Arising out of Special Leave Petition (C) No.4108/2013)

CIVIL APPEAL NO. 17915 /2017

(Arising out of Special Leave Petition (C) No.9495/2013)

CIVIL APPEAL NOS. 17916-17917 /2017

(Arising out of Special Leave Petition (C) Nos.11793-11794/2013)

CIVIL APPEAL NO. 17918 /2017

(Arising out of Special Leave Petition (C) No.11799/2013)

CIVIL APPEAL NO. 17914 /2017

(Arising out of Special Leave Petition (C) No.12244/2013)

CIVIL APPEAL NO. 17921 /2017

(Arising out of Special Leave Petition (C) No.17004/2013)

CIVIL APPEAL NO. 17920 /2017

(Arising out of Special Leave Petition (C) No.17005/2013)

4

CIVIL APPEAL NO. 17919 /2017

(Arising out of Special Leave Petition (C) No.17003/2013)

CIVIL APPEAL NOS. 17926-17950 /2017

(Arising out of Special Leave Petition (C) Nos.20658-20682/2013)

CIVIL APPEAL NO. 17922 /2017

(Arising out of Special Leave Petition (C) No.15283/2013)

CIVIL APPEAL NO. 17923 /2017

(Arising out of Special Leave Petition (C) No.15329/2013)

CIVIL APPEAL NO. 17924 /2017

(Arising out of Special Leave Petition (C) No.17006/2013)

CIVIL APPEAL NO. 17925 /2017

(Arising out of Special Leave Petition (C) No.14933/2013)

CIVIL APPEAL NO. 17951 /2017

(Arising out of Special Leave Petition (C) No.36487/2013)

CIVIL APPEAL NO. 17952 /2017

(Arising out of Special Leave Petition (C) No.914/2014)

CIVIL APPEAL NOS. 17953-17960 /2017

(Arising out of Special Leave Petition (C) Nos.31487-31494/2014)

With

CONTEMPT PETITION (C) NOS. 194-197/2016

in Special Leave Petition (C) Nos. 35793-35796/2012

JUDGMENT

Uday Umesh Lalit, J.

1.Leave to appeal granted in all Special Leave Petitions.

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2.These are two groups of appeals, one arising from the Judgment and

Order passed by the High Court of Orissa at Cuttack while the other arising

from the decision of the High Court of Punjab and Haryana at Chandigarh.

Since the issues involved in these matters are same, both sets of matters are

being disposed of by this common Judgment.

3.The Directorate of Lift Irrigation in the Government of Odisha was

converted into Orissa Lift Irrigation Corporation Limited (hereinafter

referred to as the “OLIC”). The service conditions of Engineers including

Junior Engineers which is the base cadre in the Engineering Wing of OLIC

are governed by Orissa Service of Engineers’ Rules, 1941 (“1941 Rules” for

short) as amended from time to time. Junior Engineers form the feeder

cadre for promotion to the next level, namely, that of Assistant Engineers.

Respondent No.1

1

–Rabi Sankar Patro, a Diploma holder in Electrical

Engineering, joined OLIC as Junior Engineer (Electrical) and while in

service, he acquired B.Tech (Civil) Degree from a Deemed to be University

namely JRN Rajasthan Vidyapeeth University, Udaipur, through Distance

Education in the year 2009 and thereafter filed Writ Petition No.3848 of

2010 in the High Court Orissa. According to him, he being an in-service

graduate Engineer was entitled to be promoted as Assistant Engineer. Said

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In the matter arising out of SLP(C) No.19807-19808 of 2012

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writ petition was allowed without issuing notice to the respondents, placing

reliance on an earlier order dated 14.12.2009 passed by the High Court in

OJC No.13251 of 2001 by which OLIC was directed to consider the case of

the concerned candidates as in-service graduate Engineers. OLIC being

aggrieved, filed Review Petition No.58 of 2012 which was dismissed by the

High Court on 15.03.2012 along with certain similar review petitions. The

submissions recorded in support of the review petitions in the order of the

High Court were as under:-

“The argument advanced by Mr. Ashok Mohanty learned

Sr. Counsel for the review petitioners that the opposite parties-

employees have acquired Degree Qualification of

distance/correspondence education course from JRN Rajasthan

Vidyapeeth which is not recognized by AICTE. Therefore, they

are not qualified……….…...Learned Sr. Counsel Mr. Mohanty

placed much reliance upon the letter issued by AICTE on 6

th

October, 2010 wherein the AICTE has categorically stated as

under:

“It has been the policy of the AICTE, not to

recognize the qualifications acquired through

distance education mode at Diploma, Bachelors &

Master’s level in the fields of Engineering

Technology including Architecture, Town

Planning, Pharmacy, Hotel Management &

Catering Technology, Applied Arts & Crafts and

Post Graduate Diploma in Management (PGDM).

AICTE only recognizes MBA and MCA

programme through distance mode.” ”

The Review Petition was dismissed by the High Court, observing

inter alia,

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“……. Substantial number of persons have also acquired

Engineering Degree through Universities providing Distance

Education which are also Indian Universities. Further Clause

(d) of Rule 9 of the Rules, 1941 does not specify that the

qualifications obtained through distance education is not

permissible & the Degree should be obtained from the approved

Universities of the AICTE.”

4.Disposal of Review Petition and similar such petitions led to the filing

of these appeals, by special leave, by OLIC. It is principally submitted by

OLIC that the degrees in Engineering obtained by the concerned candidates

by distance education from JRN Rajasthan Vidyapeeth University and

similar Deemed to be Universities are not recognized degrees and as such

the concerned candidates cannot be said to be Graduate Engineers eligible

for benefits under the concerned Rules. It is further submitted that in its

Circular dated 09.08.2005 the University Grants Commission (“UGC” for

short) had notified that JRN Rajasthan Vidyapeeth University, Udaipur was

neither permitted to affiliate any colleges or institutes nor allowed to conduct

any course through distance education.

5.While issuing notice in the matters, All India Council of Technical

Education (“AICTE” for short) and UGC were added as party-respondents,

whereafter AICTE filed its counter affidavits. The matters were taken up on

11.12.2014 when the following Order was passed by this Court:-

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“In the course of hearing of these cases we noticed that

the UGC even though impleaded as a party respondent had not

filed any counter affidavit. We would have proceeded with the

hearing even in the absence of a counter affidavit but for the

fact that additional documents filed by Respondent No.1

include several documents concerning the UGC some of them

in the nature of letters, circulars and communications addressed

to several other authorities. It was in that backdrop that we

required the personal presence of the Chairman of the UGC,

Professor Ved Prakash who has appeared and broadly explained

the UGC stand on the questions that fall for determination.

According to Professor Ved Prakash the UGC recognises

technical degrees by the distant mode only if the University

concerned awards such degrees after obtaining the permission

of the AICTE for offering such degrees/courses by distance

education. Professor Ved Prakash further states that wherever

the UGC notices that technical educational degrees are being

awarded by deemed university without the approval of the

AICTE, it can and does take action against the defaulting

university by reporting the matter to the Central Government

who confers the status of deemed university on such

institutions. When asked whether Professor Ved Prakash can on

affidavit state the above position, Prof. Prakash was more than

willing to do so. Needless to say some of the counsel appearing

in these cases were critical of the stand taken by the UGC and

argued that the same was not the true position either on facts or

in law. Be that as it may, we deem it just and proper to permit

the UGC to file a detailed counter affidavit to this SLP which

shall apart from answering other submissions made in the SLP

elaborate on the following aspects:

1)Whether the UGC recognises degrees in

technical education by open and distance education

mode. If so, subject to what conditions, if any.

2) If such degrees are recognised only when they

are awarded after obtaining the permission of the

AICTE, what happens when the Universities

award degrees without obtaining such permission.

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3) What action, if any, is the UGC empowered to

take under the UGC Act or any other provision of

law against the University awarding degrees

without the approval of the AICTE and whether

any such action has been taken in the past or is

proposed to be taken against such Universities

hereafter.

4) Whether the Government of India have issued

any instructions/circulars regarding recognition of

technical education degrees through ODL mode

offered by the deemed or statutory universities. If

so, what are these instructions/circulars and what is

the action/steps to be taken in regard to the degrees

awarded or status of such degrees as have already

been issued before the issue of such instructions.

5) How does UGC explain its stand in view of the

documents filed by respondent No. 1 in I.A. Nos. 5

and 6 of 2014 in these petitions or those enclosed

with the SLP or counter affidavit.

6) Since the controversy relates to different

deemed universities namely Vinayaka Mission's

research Foundation, Salem, Tamil Nadu, IASE

Gandhi Vidya Mandir, Sardarshahr Rajasthan, JRN

Vidyapeeth Udaipur, Rajasthan and Allahabad,

Agriculture Research Institute, Allahabad, U.P. the

proposed affidavit by Professor Ved Prakash shall

state whether the UGC recognises the degrees

awarded by the said Universities by ODL mode

even when the same are degrees in technical

education including degrees that have already been

awarded. We grant to Professor Ved Prakash,

Chairman of the UGC four weeks' time to file the

affidavit copy whereof shall be served upon

learned counsel for the counsel opposite who shall

have two weeks' time thereafter to file their

response.”

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6.Prof. Ved Prakash, Chairman, UGC, filed an affidavit on 30.01.2015

dealing with the aforesaid questions. The subsequent Order dated

04.08.2015 of this Court was as under:

“There are a large number of cases pending on the

principal issue raised in SLP (C) Nos.19807-19808 of 2012

(Orissa Lift Irrigation Corporation Ltd. & Ors.). Mr. Raju

Ramachandran, learned senior counsel appearing on behalf of

the petitioners submits that the principal issue is whether

degrees given by some institutions/universities through distant

education ought to be recognized by the employer. He submits

that All India Council for Technical Education (AICTE) and

University Grants Commission (UGC) have taken the stand that

such degrees in technical courses are not recognized by AICTE

and therefore not recognized by UGC as well.

Mr. Rajiv Dutta, learned senior counsel appearing for

UGC affirms that the UGC does not recognize the degrees. It is

the submission of Mr. Rajiv Dutta, learned senior counsel that

in a meeting convened by the Ministry of Human Resource

Development (MHRD) on 19th February, 2008 it was decided

that the approval granted by Distant Education Council

(including ) must be reviewed and the approval should be

granted to the courses and not to the Institute.

That being the position, we are of the opinion that the

concerned Secretary in the MHRD should be impleaded as a

party so that the stand of the Government of India is clear.

Mr. Raju Ramachandran, learned senior counsel makes

an oral request for impleadment of the concerned Secretary in

the MHRD as a party respondent. On his oral request, the

concerned Secretary in the MHRD is impleaded as a party

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respondent. Amended memo of parties be filed within two

weeks.”

7.An affidavit has since then been filed on behalf of MHRD

2

. In the

Order dated 26.04.2017 it was recorded:-

“………Our attention was drawn to letter dated

03.12.2007 addressed to UGC seeking ex post facto approval

annexing a list of 295 courses run by the JRN Rajasthan

Vidyapeeth University under Distance Education system.

From the record, it is not clear what type of expertise the

said University has, for granting degrees for such large number

of courses by distance education mode. It is also not clear as to

what is the methodology followed for monitoring the standard

of education imparted by its centres on the basis of which such

professional degrees are granted. It is also not clear what type

of infrastructure is available with the said University.”

8. Civil Writ Petition No.1640 of 2008 was filed by one Kartar Singh in

the High Court of Punjab and Haryana, in public interest. Certain Deemed

to be Universities, such as JRN Rajasthan Vidyapeeth University, Udaipur,

Vinayak Mission Research Foundation, Tamil Nadu, IASE Deemed

University, Rajasthan were respondents in the petition. It was submitted that

these Deemed to be Universities had set up “off campus centers” and “study

centers” in violation of the Regulations framed by the UGC; that very same

2

Ministry of Human Resources and Development, Government of India

12

study center, at times was operating for more than one Deemed to be

University; that these study centers completely lacked infrastructure and

facilities for courses in Engineering and that the programmes through

distance education mode were illegal and without approval. Appropriate

reliefs were prayed for, including directions that degrees in Engineering

obtained through distance education be declared to be invalid for the

purposes of Government jobs in the State. This Writ Petition was allowed

by the High Court vide its decision dated 06.11.2012. Para 184 sums up the

decision as under:-

“184.In terms of the directions of the Commission, it was

necessary for the Deemed to the Universities to seek approval

from AICTE. In view of the above, we hold that the Deemed to

be Universities have started courses in technical education in

violation of the guidelines, instructions, circulars and

regulations framed by the Commission not only when they

started such courses but also in establishing Study Centres

outside their territorial limits and in subjects for which they

were not granted Deemed to be university status. Therefore,

degrees awarded by such Deemed to be Universities is an

illegal act and such illegality cannot be removed or cured by the

actions of either the Commission or DEC.”

9. The declaration invalidating the degrees in Engineering obtained

through distance education mode has been the subject matter of challenge by

various students-candidates and institutions. Since the issues raised in those

petitions are same as raised in matters arising out of the decision of the High

13

Court of Orissa, these matters were taken up soon after the matters from

Orissa. We are principally concerned in these cases only with courses

leading to the degrees in Engineering through distance education mode.

10. Thus, the degrees in Engineering obtained by serving diploma holders

through Open Distance Learning mode offered by certain Deemed to be

Universities through “off campus Study Centres” have been found valid

entitling the concerned candidates to benefits available for any serving

graduate engineers by the High Court of Orissa whereas the decision

rendered by the High Court of Punjab & Haryana is to the contrary.

Considering the importance of the issues involved in the matters, this Court

vide Order dated 04.05.2017 appointed Mr. C.A. Sundaram, learned Senior

Advocate to assist the Court as Amicus Curiae.

11. It may be appropriate at this stage to quote Para 19 of the affidavit

filed by Mr. Ved Prakash Chairman UGC:-

“It is pertinent to note that, while bringing the 2010

Deemed Universities Regulations to the notice of the general

public, including vide public notice No.F.27-1/2012 (CPP-II),

dated 27.06.2013 [annexed and excerpted later in the instant af-

fidavit], the UGC has also clarified that “the UGC has not

granted approval to any institution Deemed to be university to

establish Study Centres.” This is relevant because, firstly,

Deemed to be university status is conferred on academic pro-

grammes in specific domains of knowledge. In this case, four

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Deemed to be universities were conferred that status to offer

programmes in the following areas.

S.

No.

Deemed UniversityField of specialization for in-

stitutions Deemed to be Uni-

versities status

1.JRN Rajasthan

Vidyapeeth, Udaipur,

Rajasthan

Social Work, Education, Arts

and Commerce

2Institute of Advanced

Studies in Education,

Sardarshahr, Rajasthan

Education

3Allahabad Agricultural

Institute, Allahabad, Ut-

tar Pradesh

Agricultural Engineering

Food & Nutrition Biotech-

nology, Dairy Technology

4.Vinayaka Mission’s Re-

search Foundation

Salem, Tamil Nadu

Medical Science, Dental Sci-

ence, Nursing, Engineering

& Technology, Pharmacy,

Pysiotherapy and Ho -

moeopathy

Yet, three institutions- Deemed to be Universities

(namely, JRN Vidyapeeth Udaipur, Rajasthan; IASE Gandhi

Vidya Mandir, Sardarshahr, Rajasthan; and Allahabad Agricul-

ture Research Institute, Allahabad, U.P.) overstepped their man-

date and started distance education programmes, including for

award of B.E./B.Tech degrees outside their field of specializa-

tion without UGC/AICTE approval.

Secondly, vide letter dated 09.08.2001 [annexed and ex-

cerpted later in the instant affidavit], the UGC has made it clear

that franchising of education through private agencies/establish-

ment is not permitted. In addition, the UGC, AICTE and DEC

have issued a joint letter dated 13.05.2003 [annexed and ex-

cerpted later in the instant affidavit] to Vice-Chancellors/Heads

of Institutions asking them to limit the system/programme of

delivery of distance education of their institution to the neigh-

bourhood of the location of their main campus or at the most

within the State. And, as mentioned earlier, vide public notice

15

dated 27.06.2013, the UGC has stated that institutions Deemed

to be Universities can operate only within its headquarters or

from those off campuses/off-shore campuses which are ap-

proved by the Government of India through notification pub-

lished in the official gazette, though the UGC has not granted

approval to any institutions Deemed to be Universities offered

distance education mainly through franchisee arrangements and

Study Centres which are not established with the permission of

the UGC.”

12. The aforesaid chart shows that the “Deemed to be University” status

was conferred keeping in view the potential to offer academic programs in

specific domains of knowledge. For example institutions at serial Nos.1 and

2 in the aforesaid table had specialized in Social Work, Education, Arts and

Commerce. However by virtue of their “Deemed to be University” status,

these institutions thereafter started distance education programs in subjects

or courses leading to award of B.E. and B.Tech degrees which were not

within their field of specialization. Whether the Deemed to be Universities

concerned were within their rights to do so is the basic question. We, there-

fore, need to consider the statutory framework governing “Deemed to be

Universities” and ‘Distance Education’ more specifically in the field of tech-

nical education.

13. “The University Grants Commission Act, 1956” (hereinafter referred

to as “the UGC Act”) was enacted to make provisions for co-ordination and

16

determination of standards in universities and for that purpose, to establish

University Grants Commission (“UGC for short”). Section 2(f) defines

“University” to mean “…a University established or incorporated by or un-

der a Central Act, a Provincial Act or a State Act, and includes any such in-

stitution as may, in consultation with the University concerned, be recog-

nized by the Commission in accordance with the regulations made in this be-

half under this Act”. Section 3 contemplates conferral of “Deemed to be

University” status upon certain institutions for higher studies other than uni-

versities. Section 12 delineates functions of the UGC while Section 13 deals

with power of inspection for the purposes of ascertaining the financial needs

of the university or its standards of teaching, education and research.

Section 26 empowers the UGC to make regulations consistent with

the Act and with the Rules made thereunder which include, inter alia:-

“(f) defining the minimum standards of instruction for

the grant of any degree by any University;

(g) Regulating the maintenance of standards and the co-

ordination of work or facilities in Universities.”

14. In the year 1985, the Indira Gandhi National Open University Act,

1985 (hereinafter referred to as “the IGNOU Act”) was enacted to establish

and incorporate Open University at the national level, for the introduction

and promotion of distance education systems in the educational pattern of

17

the country and for co-ordination and determination of standards in such sys-

tems. Section 2(e) defines “Distance Education System” to mean “..the sys-

tem of imparting education through any means of communication, such as

broadcasting, telecasting, correspondence courses, seminars, contact pro-

grammes or the combinations of any two or more of such means”.The

definitions of “Study Centre” and the “University” are as under-

“Study Centre” means a centre established, maintained or

recognized by the University for the purpose of advising, coun-

seling or for rendering any other assistance required by the stu-

dents;

“University” means the Indira Gandhi National Open

University established under the Act.”

Study Centre referred to in the IGNOU Act is a centre established by

IGNOU and not by any other University. Section 5 then deals with powers

of IGNOU and sub-Clauses (i), (iii) and (v) are:-

“(i) To provide for instruction in such braches of knowl-

edge, technology, vocations and professions as the University

may determine from time to time and to make provision for re-

search;

(iii) to hold examinations and confer degrees, diplomas,

certificates or other academic distinctions or recognitions on

persons who have pursued a course of study or conducted re-

search in the manner laid down by the Statutes and Ordinances.

(v) to determine the manner in which distance education

in relation to the academic programmes of the University may

be organized.”

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Sub clause (v) speaks of ‘distance education’ in relation to the aca-

demic programme of IGNOU. Few other clauses of Section 5 however refer

to other universities and institutions of higher learning and they are:-

“(vii) to co-operate with, and seek the co-operation of, other

universities and institutions of higher learning, professional

bodies and organizations for such purposes as the University

considers necessary;

(xiii) to recognize examinations of, or periods of study

(whether in full or part) at, other universities, institutions or

other places of higher learning as equivalent to examinations or

periods of study in the University, and to withdraw such recog-

nition at any time;

(xxiii) to recognize persons working in other universities, insti-

tutions or organizations as teachers of the University on such

terms and conditions s may be laid down by the Ordinances”

At this stage Clauses (i) and (j) of Section 24 of IGNOU Act also need to be

noted.

“Section 24 subject to provisions of this Act, the Statutes may

provide for all or any of the following matters, namely:-

(i)The conferment of autonomous status on Colleges and

Study Centres;

(j) the co-ordination and determination of standards in the

open University and distance education systems and the alloca-

tion and disbursement of grants to Colleges and other universi-

ties and institutions.”

15.Section 16 of IGNOU Act deals with authorities of the University and

clause (7) deals with “such other authorities” as may be declared by the

19

Statutes to be the authorities of the University. In pursuance of powers con-

ferred under Section 16(7) read with Section 24 and 2

nd

Schedule to the IG-

NOU Act, Distance Education Council (“DEC”, for short) was constituted

vide Notification dated 22.11.1991. Para 3 of the Notification stated that

DEC would consist of certain members including Secretary of UGC and a

member to be nominated by the Chairman, UGC. However, there was noth-

ing in this Para requiring any member or representative of AICTE (which by

1991 was a Statutory Authority) to be member of DEC. Para 4 dealt with

powers and functions of DEC and the relevant portion of said Para is to the

following effect:-

“4. Powers and Functions of the Distance Educa-

tion Council

a) It shall be the general duty of the Distance Education

Council to take all such steps as are consistent with the

provisions of this Act, the Statutes and the Ordinances

for the promotion of the open university/distance educa-

tion systems, its coordinated development, and the de-

termination of its standards and in particular:

(i)To develop a network of open universities/distance

education institutions in the country in consultation with

the State Governments, Universities and other concerned

agencies;……..

(viii)To take such steps as are necessary to ensure the

coordinated development of the open university/distance

education system in the country.

(xiii) To advise State Governments, universities and other

concerned agencies on their proposals to set up open uni-

20

versities or to introduce programmes of distance educa-

tion;”

16.The All India Council for Technical Education Act, 1987 (hereinafter

referred to as the “AICTE Act”) was enacted to provide for the establish-

ment of AICTE with a view to proper planning and coordinated develop-

ment of the technical education system throughout the country, the promo-

tion of qualitative improvement of such education in relation to planned

quantitative growth and the regulation and proper maintenance of norms

and standards in the technical education system and for matters connected

therewith. Terms “Technical Education”, “Technical Institution” and “Uni-

versity” as defined in the AICTE Act are as under:

“(g) “technical education” means programmes of

education, research and training in engineering technology,

architecture, town planning, management, pharmacy and

applied arts and crafts and such other programme or areas as the

Central Government may, in consultation with the Council, by

notification in the Official Gazette, declare;

(h) “technical institution” means an institution, not being

a University, which offers courses or programmes of technical

education, and shall include such other institutions as the

Central Government may, in consultation with the Council, by

notification in the Official Gazette, declare as technical

institutions;

(i) “University” means a University defined under clause

(f) of Section 2 of the University Grants Commission Act, 1956

(3 of 1956) and includes an institution Deemed to be a

University under Section 3 of that Act.”

21

17. Chapter II of the AICTE Act speaks of “Establishment of the Coun-

cil”, namely AICTE and Section 10 deals with the “Powers and Functions of

the Council”. Section 10 is as under:

“10.(1) It shall be the duty of the Council to take all such

steps as it may think fit for ensuring coordinated and integrated

development of technical education and maintenance of

standards and for the purposes of performing its functions under

this Act, the Council may—

(a)undertake survey in the various fields of technical

education, collect data on all related matters and

make forecast of the needed growth and development

in technical education;

(b)coordinate the development of technical education in

the country at all levels;

(c)allocate and disburse out of the Fund of the Council,

such grants on such terms and conditions as it may

think fit to—

(i) technical institutions, and

(ii) Universities imparting technical education in

coordination with the Commission;

(d)promote innovations, research and development in

established and new technologies, generation,

adoption and adaptation of new technologies to meet

developmental requirements and for overall

improvement of educational processes;

(e)formulate schemes for promoting technical education

for women, handicapped and weaker sections of the

society;

(f)promote an effective link between technical education

system and other relevant systems including research

and development organisations, industry and the

community;

(g)evolve suitable performance appraisal systems for

technical institutions and Universities imparting

22

technical education, incorporating norms and

mechanisms for enforcing accountability;

(h)formulate schemes for the initial and in-service

training of teachers and identify institutions or centres

and set up new centres for offering staff development

programmes including continuing education of

teachers;

(i) lay down norms and standards for courses, curricula,

physical and instructional facilities, staff pattern, staff

qualifications, quality instructions, assessment and

examinations;

(j) fix norms and guidelines for charging tuition and other

fees;

(k)grant approval for starting new technical institutions

and for introduction of new courses or programmes in

consultation with the agencies concerned;

(l) advise the Central Government in respect of grant of

charter to any professional body or institution in the

field of technical education conferring powers, rights

and privileges on it for the promotion of such

profession in its field including conduct of

examinations and awarding of membership

certificates;

(m)lay down norms for granting autonomy to technical

institutions;

(n)take all necessary steps to prevent commercialization

of technical education;

(o)provide guidelines for admission of students to

technical institutions and Universities imparting

technical education;

(p) inspect or cause to inspect any technical institution;

(q)withhold or discontinue grants in respect of courses,

programmes to such technical institutions which fail

to comply with the directions given by the Council

within the stipulated period of time and take such

other steps as may be necessary for ensuring

compliance of the directions of the Council;

(r) take steps to strengthen the existing organisations, and

to set up new organisations to ensure effective

discharge of the Council’s responsibilities and to

23

create positions of professional, technical and

supporting staff based on requirements;

(s)declare technical institutions at various levels and

types offering courses in technical education fit to

receive grants;

(t)advice the Commission for declaring any institution

imparting technical education as a deemed University;

(u)set up a National Board of Accreditation to

periodically conduct evaluation of technical

institutions or programmes on the basis of guidelines,

norms and standards specified by it and to make

recommendation to it, or to the Council, or to the

Commission or to other bodies, regarding recognition

or de-recognition of the institution or the programme;

(v) perform such other functions as may be prescribed.”

18. UGC, DEC and AICTE as well as MHRD Government of India have is-

sued various Notifications, Circulars and Guidelines touching upon the is-

sues involved in the present cases, which may now be referred to:

A. On 25.11.1985, UGC (the minimum standards of instructions

for the grant of the first degree through formal education in the facul-

ties of Arts, Humanities, Fine Arts, Music, Social Sciences, Com-

merce and Science) Regulations, 1985 (hereinafter referred to as

1985 UGC Regulations) came into force which applied to every Uni-

versity including a Deemed to be University. The relevant portion of

these Regulations are:-

“2(3). No student shall be eligible for the award of the

first degree unless he has successfully completed a three

year course; this degree may be called the B.A./B.SC/B.-

Com. (General/Honors/Special) degree as the case may

be….

24

3(1). Every University enrolling students for the 1

st

De-

gree Course shall ensure that the number of actual teach-

ing days does not go below 180 in an academic year…..

3(2). The total periods provided in the timetable shall not

be less than 40 clock hours a week. The timetable on

working days shall be so drawn up that physical facilities

are adequately utilized and not used only for a few hours

a day.”

B. In 1986, National Policy on Education was published by Gov-

ernment of India, Part VI of which dealt with Technical and Manage-

ment Education, Paras 6.6, 6.8 and 6.19 of the Policy were:-

“6.6. In view of the present rigid entry require-

ments to formal courses restricting the access of a large

segment of people to technical and managerial education,

programmes through a distance learning process, includ-

ing use of the mass media will be offered. Technical and

management education programmes, including education

in polytechnics, will also be on a flexible modular pattern

based on credits, with provision for multi-point entry. A

strong guidance and counseling service will be provided.

6.8. Appropriate formal and non-formal programmes of

technical education will be devised for the benefit of

women, the economically and socially weaker sections,

and the physically handicapped.

6.19. The All India Council for Technical Education,

which has been given statutory status, will be responsible

for planning, formulation and maintenance of norms and

standards, accreditation, funding of priority areas, moni-

toring and evaluation, maintaining parity of certification

and awards and ensuring the coordinated and integrated

development of technical and management education.

Mandatory periodic evaluation will be carried out by a

25

duly constituted Accreditation Board. The Council will

be strengthened and it will function in a decentralized

manner with greater involvement of State governments

and technical institutions of good quality.”

C. The AICTE (Grant of Approval for starting new Technical Insti-

tutions, introduction of courses or programmes and approval of intake

capacity of seats for courses or programmes) Regulations were issued

in 1994 (1994 AICTE Regulations, for short). Clause 4 of these Regu-

lations was to the following effect-

“4.0Requirement of Grant of Approval

4.1 After the commencement of these regulations,

a)No new Technical Institution or University

Technical Department shall be started; or

b)No course or programme shall be introduced by

any Technical Institution, University including a Deemed

University or University Department or College or;

c)No Technical Institution, University or Deemed

University or University Department or College shall

continue to admit students for Degree or Diploma

courses or programmes;

d)No approved intake capacity of seats shall be

increased or varied;

Except with the approval of the Council.”

D.On 01.03.1995, a notification was issued by Government of In-

dia to the following effect:-

26

“On the recommendation of the Board of Assess-

ment for Education Qualifications, the Government of In-

dia has decided that all the qualifications awarded

through Distance Education by the Universities estab-

lished by an Act of Parliament or State Legislature, Insti-

tutions Deemed to be Universities under Section 3 of the

UGC Act, 1956 and Institutions of National importance

declared under an Act of Parliament stand automatically

recognized for the purpose of employment to posts and

services under the Central Government, provided it has

been approved by Distance Education Council, Indira

Gandhi National Open University, K 76, Hauz Khas,

New Delhi-110016 and wherever necessary by All India

Council for Technical Education, I.G. Sports Complex,

I.P. Estate, New Delhi-110 002.”

E.On 03.07.1997, DEC published Guidelines for Design, Devel-

opment and Delivery of programmes/courses through distance mode.

These were essentially dealing with distance education as a concept

without specifying the details or mechanism as to how and in what

circumstances the concerned universities and institutions were ex-

pected to initiate courses in distance education.

F.In 2004, UGC issued Guidelines for establishing new depart-

ments within the campus, setting up of off-campus centre(s)/institu-

tion(s)/off-shore campus and starting distance education programmes

by the Deemed to be universities, 2004 (2004 UGC Guidelines, for

27

short). The terms institution, off-campus centre, off-shore campus and

Study Centre were defined by these Guidelines as under:-

“(a) “Institution” means an institution set up by the

same management to impart studies in a specialized

branch of study and registered under the same society or

trust under which the existing deemed university is regis-

tered.

(b)“Off-campus centre” means a center of the univer-

sity located outside its main campus (within or outside

the State where the deemed university is located)’ oper-

ated and maintained as its constituent unit by the re-

sources of the university, having the centre’s own compli-

ment of facilities, faculty and staff.

(c)“Off-shore Campus” means a campus of the uni-

versity located outside the country, established and main-

tained as its constituent unit by the resources of the uni-

versity having its own compliment of facilities, faculty

and staff.

(d)“Study Centre” means a centre established and

maintained or recognized by the university for the pur-

pose of advising, counseling or for rendering any other

assistance required by the students used in the context of

distance education.”

It was laid down that a Deemed to be University shall normally be au-

thorized to operate within its own campus to conduct the authorized courses

falling within the area of their specialization. However, in deserving cases,

the Deemed to be University could start new departments within the univer-

sity campus or start off-campus centre(s)/institutions/off-shore campus(s) on

28

selective basis with prior specific permission of the UGC in each and every

individual case. The procedure in that behalf was laid down as under:

“2. All Deemed to be universities intending to set-up new de-

partments within their campus, off-campus centre(s) or an insti-

tution outside the main campus of the deemed university may

apply as follows:

2.1 The deemed university intending to open a new de-

partment in its campus or an off-campus center/ institu-

tion shall approach the University Grants Commission

(UGC) at least six months prior to opening such center

on a proforma prescribed for this purpose (Annexure-I).

The deemed university desirous of starting the new off-

campus center / institution or introducing a new course/

programme in a professional subject, shall comply with

all the requirements as required by statutory professional

Councils and obtain their prior approval before approach-

ing the UGC.

2.2 The new Departments, new off-campus center/ insti-

tution shall be set up only after obtaining approval of the

UGC and that of the concerned state Government where

such a center is proposed to be established. The UGC

shall cause spot visit/ verification of the proposed new

departments, new off-campus center/institutions to verify

its infrastructure facilities, programmes, faculty, financial

viability, etc. before giving permission to start the centre.

The report of the committee shall be considered by the

Commission for its approval.

2.3 An off-shore campus shall be set up only after due

permission from the Government of India on the recom-

mendations of the UGC and also that of the Government

of the host country”

Paras 3.3, 3.4 and 3.8 were as under:

29

“3.3 The off-campus centre/institution/off-shore campus

shall conform to the relevant regulations/norms of the

UGC and other statutory bodies concerned regarding

minimum standards of instruction, qualifications of

teachers, merit-based admission of students on an all In-

dia basis and the fee structure etc. and shall have ade-

quate number of qualified teachers.

3.4 The new off-campus centre/institution/off-shore

campus shall offer only those courses which are approved

by the appropriate bodies of the deemed university. If the

course to be offered in the centre is in technical/profes-

sional subject, its academic programmes shall have to be

approved by the concerned statutory professional council.

3.8. The over-all performance of the off-campus centre/

institution/off-shore campus shall be monitored annually,

initially for three years, and subsequently after every five

years by the UGC whose directions for management, aca-

demic development and improvement shall be binding.

The UGC shall associate the nominee(s) of the concerned

statutory professional council in the monitoring process.”

Paras 4 and 5 dealt with Distance Education and Ex-Post-Facto

Approval in following terms:

“4. Distance Education: The Deemed to be University

could offer the distance education programmes only with

the specific approval of the Distance Education Council

(DEC) and the University Grants Commission (UGC). As

such, any Study Centre(s) can be opened only with the

specific approval of Distance Education Council and

UGC.

5. Ex-Post-Facto Approval: The Deemed Universities

shall obtain the ex-post-facto approval of the

GOI/UGC/DEC, whichever applicable within a period of

six months in the following cases:

30

I.Continuation of all the Departments opened in the

campus of the Deemed Universities and off-cam-

pus Study Centre(s)/ institutions / offshore campus

started without the prior approval of the UGC.

IIDistance education programme(s)/Study Centre(s)

started without the specific approval of the

DEC/UGC.”

G.On 03.02.2004 DEC published an advertisement that it was

mandatory for all Centres/Institutions/Directorates offering pro-

grammes through Distance Education mode to apply to DEC and ob-

tain prior approval before starting any new Centres/Institutions/Direc-

torates of programme. It further stated that the Distance Education

Centres/Institutions/Directorates already offering programmes through

distance mode should submit their applications for approval of DEC

in the prescribed format.

H.A circular was issued by the UGC on 16.03.2004 directing

Deemed to be Universities conducting courses through Distance

Education mode to seek ex post facto approval for the courses

conducted by such Deemed to be Universities.

19.We have referred to the notifications, circulars and guidelines as were

in existence and in force in 2004. The Deemed to be Universities in the

31

present case had started their distance education programmes without taking

any prior approval from any of the authorities including UGC, AICTE or

DEC. However, it appears that in terms of paragraphs 4 and 5 of 2004 UGC

Guidelines, the advertisement of DEC dated 03.02.2004 and circular of UGC

dated 16.03.2004, the concerned Deemed to be Universities sought ex-post-

facto approval for courses conducted by them through distance education

mode. Before we deal with the facts leading to the consideration of such ex-

post-facto approval, an important development must be adverted to. On

24.09.2001 a decision was rendered by this Court in Bharathidasan Univer-

sity and Another v. All India Council for Technical Education and Others

3

.

The appellant therein, created under Bharathidasan University Act with its

area of operation over three districts in the State of Tamil Nadu had com-

menced courses in Technological subjects in its own departments as an ad-

junct to the University without any approval of AICTE. A writ petition was

filed by AICTE submitting that no such courses could be started without its

prior approval. The plea was accepted by the High Court of Madras which

view was challenged in this Court. While dealing with question whether

prior approval of AICTE was required for a “University” to start courses in

technical education, this Court held that the definition of “Technical Insti-

tution” under the AICTE Act excludes a “University” and since the power of

3

(2001) 8 SCC 676

32

grant of approval for starting new “technical institution” and for introduction

of new courses or programmes under Section 10(k) of the AICTE Act would

not cover a “University” but only a technical institution, the appellant-uni-

versity was within its rights to start such courses without the prior approval

of the AICTE.

20.Bharathidasan (supra) having laid down that prior approval of

AICTE was not required for a University to start technical courses, the sub-

sequent guidelines, notifications issued by the UGC, AICTE and the Gov-

ernment of India were framed in the light of said decision. The understand-

ing entertained by all the authorities was that AICTE was not competent to

deal with issues of prior approval in respect of “Universities” for technical

courses and since the term “University” under the UGC Act includes

Deemed to be Universities, AICTE has no power to deal with issues of prior

approval for technical courses in respect of Deemed to be Universities as

well.

21.We now turn to the aspect of consideration by the concerned

authorities of request for grant of ex-post facto approval for courses in

Technology/Engineering conducted by Deemed to be Universities, namely,

JRN Rajasthan Vidyapeeth, Rajasthan (‘JRN’ for short), Institute of

33

Advanced Studies in Education, Rajasthan (‘IASE’ for short), Allahabad

Agricultural Institute, Allahabad (‘AAI’ for short) and Vinayaka Mission

Research Foundation, Tamil Nadu (‘VMRF’ for short). None of these

Deemed to be Universities had taken any prior permission from any of the

authorities, namely, UGC, AICTE and DEC, nor had they even intimated at

any juncture the fact that they were conducting such courses in

Technology/Engineering through distance education mode. Pertinently,

JRN, IASE and AAI had no expertise or specialization in the fields of

Technology/Engineering. None of these three Deemed to be Universities

was having any regular Engineering college or Faculty in

Technology/Engineering at their own campus when they commenced

courses in Technology/Engineering by distance education mode through

Study Centres all over the Country. The facts stated hereinafter narrate how

their applications for ex-post facto approval were dealt with and by way of

illustration the facts pertaining to JRN, are dealt with in detail.

A.On 10.05.2004 JRN sought approval of DEC for courses

conducted by it under distance education. The information supplied in

regard to technical courses leading to degrees in Engineering in

various disciplines

4

show that details of 19 Study Centres with names

4

B.Tech (Computer Science), M.Tech (Computer Science)

B.Tech (Civil) and M.Tech (Civil))

34

of Coordinators and Counsellors were given. Said Co-ordinators and

Counsellors were common for all disciplines and courses. At the

same time there was no Study Centre in the State of Orissa.

B.On 27.07.2004, UGC asked JRN to submit a complete list of its

off campus centres giving details of its courses/infrastructure within

21 days of the receipt of the letter failing which public notice would

be issued that such degrees were not recognized by UGC. The

relevant portion of the letter was to the following effect:

“1.The Commission vide its letter of even number

dated 5

th

May, 2003 and subsequent reminders dated 6

th

August, 2003 and 13

th

October, 2003 had requested the

Vidyapeeth to submit the details of its Study Centres. In

response to that the Vidyapeeth vide its letter

No.RVU/VC/2004-2005/26 dated 2

nd

April, 2004 submit-

ted a list of 517 centres, but did not furnish any details

about the approval of UGC, the statutory Councils and

the concerned State Governments nor did the Vidyapeeth

submit any information about the Infrastructural facili-

ties, faculty etc. provided in these

Centres……………………………………………………

5.The Commission has been receiving a number of

complaints that Rajasthan Vidyapeeth, Udaipur is en-

gaged in offering Undergraduate and Postgraduate level

courses in various disciplines including Computer Sci-

ence, Business Studies, Para-medical Studies and Physio-

therapy etc. through Study Centre(s) spread all over the

country which do not have required infrastructure to

maintain the standard of education.

35

6.A warning was also issued to the Vidyapeeth vide

this office letter of even number dated 11

th

June, 2004

that the degrees awarded in violation of the instructions

contained in the Guidelines shall be regarded as unspeci-

fied and render the Vidyapeeth to be punishable under

relevant provisions of the UGC Act, 1956.

7.The Study Centre/off-campus centres in distance

mode opened by Rajasthan Vidyapeeth are without prior

approval of UGC.

8.The Vidyapeeth is silent on furnishing the details

of fulfilling the norms as laid down by the Distance Edu-

cation Council nor has attached specific approval of Dis-

tance Education Council and UGC.

9.It may be pointed out that unless the Vidyapeeth is

fully prepared in terms of faculty and infrastructure laid

down by the Statutory bodies, it would not be desirable to

start any graduate and postgraduate level courses.”

C.In response to a query from Commissioner (Higher Education)

Government of Gujarat, IGNOU informed vide its letter dated

03.08.2005 that DEC had not recognized JRN and AAI to offer Dis-

tance Education programmes anywhere in the Country as major defi-

ciencies were found in their delivery system and self instructional ma-

terials.

D.On 09.08.2005, a notice/circular was issued by UGC to the fol-

lowing effect:

“UNIVERSITY GRANTS COMMISSION

BAHADUR SHAH ZAFAR MARG

36

NEW DELHI – 110 002

F-6-9/2004(CPP-I) 9

th

August, 2005

Subject: Non-Recognition of Study Centres of Deemed

Universities-(i) JRN Rajasthan Vidyapeeth, Udaipur (ii)

Allahabad Agricultural Institute (AAI), Allahabad & (iii)

IASE Gandhi Vidya Mandir (IASE) (Deemed Univer-

sity), Sardarshahr, Rajasthan

The University Grants Commission has been re-

ceiving a large number of letters from individuals and or-

ganizations seeking clarification about Study Centres of

Deemed Universities particularly those associated with

(i) Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed

University), Udaipur (ii) Allahabad Agricultural Institute

(Deemed University), Allahabad (iii) Institute of Ad-

vanced Studies in Education of Gandhi Vidya Mandir

(IASE) (Deemed University), Sardarshahr, Rajasthan.

It is hereby informed that (i) Janardan Rai Nagar

Rajasthan Vidyapeeth (Deemed University), Udaipur (ii)

Allahabad Agricultural Institute (Deemed University),

Allahabad (iii) Institute of Advance Studies in Education

of Gandhi Vidya Mandir (IASE) (Deemed University),

Sardarshahr, Rajasthan have been declared as Deemed to

be Universities by the Government of India under Sec-

tion 3 of the UGC Act 1956. These Institutions are em-

powered to award degrees as specified by the UGC under

Section 22 of the UGC Act 1956.

However above three Deemed Universities have

not been permitted to affiliate a College/Institute. These

Institutions have also not been allowed to conduct any

course through Distance Education Study Centre so far,

by the Distance Education Council/UGC.

Needless to mention that prior approval of Dis-

tance Education Council, IGNOU Campus, New Delhi-

37

110 067 is also required for starting courses offered under

Distance Education mode.

It is for the information of all concerned that no

Deemed to be University can start Study Centres/fran-

chises without the prior approval of UGC and that of

State Government where the Centre(s) is/are proposed to

be opened. Private franchising is not allowed. More-

over, for starting any UGC approved degree course

through Distance mode, prior approval of the Distance

Education Council is mandatory.

Students are advised to keep these things in mind

while getting admission in Deemed to be Universities.

(V.K. Jaiswal)

Under Secretary

Ph: 011-23235640

Publication Officer

UGC Website

New Delhi”

E.On 30.08.2005 a communication was addressed by UGC to

JRN, the relevant portions of which were:-

“……………………The Vidyapeeth has reportedly been

running 649 Study Centres/off campus centres under Dis-

tance Education mode without the approval of

UGC/Statutory councils/State Government. The Dis-

tance Education Council (IGNOU, New Delhi) has not

recognized Rajasthan Vidyapeeth to offer Distance Edu-

cation Programme anywhere in the country so far be-

cause major deficiencies have been found in the delivery

system and self instructional materials.

(Ref.IGNOU/DEC letter No.IG/PVC/05 dated 3

rd

August,

2005).

38

The Vidyapeeth may please ensure compliance of the fol-

lowing:

1.All off-campus centres/Extension Centres/Study

Centres and Academic Centres offering distance

education programmes of the Vidyapeeth running

without the approval of UGC and Distance Educa-

tion Council be closed down immediately.

A list of such centres may also please be sent to

UGC along-with the documentary evidence of clo-

sure of these centres.

2.Awarding of X and XII certification be stopped im-

mediately and a public notice to this effect may be

published in National Newspapers.

3.An explanation/comments may also be furnished

on complaint(s) regarding Study Centres particu-

larly those operating in Gujarat.”

F.A show-cause notice dated 27.10.2005 was thereafter issued by

UGC to JRN for non-adherence to UGC norms regarding Study Cen-

tres and an explanation was sought within 15 days failing which ap-

propriate action could be taken by UGC.

G.On 28.11.2005, All India Council for Technical Education

(AICTE) Grant of Approval for starting new technical institutions,

introduction of courses or programmes and increase/variation of

intake capacity of seats for the courses or programmes and Extension

of approval for the existing technical institutions and maintenance of

39

norms and standards in Universities including Deemed to be

Universities Regulations, 2005 (2005 AICTE Regulations, for short)

were issued. Para 2.5 of the Regulations dealing with grant of

approval was to the following effect:-

“2.5Requirement of grant of approval

(1)No new technical institution of Government,

Government Aided or Private (self financing) institution,

whether affiliated or not affiliated to any University shall

be started and no new courses or programs shall be

introduced and no increase and/or variation of intake in

the existing Courses/Programmes shall be effected at all

levels in the field of ‘Technical Education’ without

obtaining prior approval of the Council. The Council

may take Legal action against such defaulting

Institution/Society/Company/Associated Individuals as

the case may be for contravening provisions of this

regulations by conducting courses/programmes in

“Technical Education” without obtaining prior approval

from AICTE.

(2)No existing technical institution of Government,

Government Aided or Private (self financing) institution

whether affiliated or not affiliated to a University shall

conduct any technical course/programme without prior

approval of the Council.

(3)No University including Deemed University shall

conduct technical courses/programmes without ensuring

maintenance of the norms and standards prescribed by

AICTE.

(4)No University, Board or any other body shall

affiliate technical courses/programmes not approved by

the AICTE.

40

(5)No admission authority/body/institution shall

admit students to a course/programme of technical

education not approved by AICTE.”

H.On 05.01.2006 a circular was issued by DEC stating that the

programmes of JRN through Distance Mode were not approved by

DEC.

I.On 01.02.2006 a letter was addressed by JRN to UGC

undertaking to close its Distance Education Programme but

requesting UGC to grant one time specific approval insofar as existing

students in the programmes currently in operation.

J.On 05.04.2006 a Notification was issued by MHRD,

Government of India in exercise of powers vested in the Central

Government under Section 20(1) of UGC Act and under Section 20(1)

of AICTE Act clarifying the role of the UGC and AICTE in

maintaining standards of education in institutions notified as deemed

to be universities. The relevant portion of the notification is as under:

“It is not a pre-requisite for an institution notified as a

“Deemed to be University to obtain the approval of the

AICTE, to start any programme in technical or

management education leading to an award, including

degrees in disciplines covered under the AICTE Act,

1987. However, institutions notified as ‘Deemed to be

University’ are required to ensure the maintenance of the

minimum standards prescribed by the AICTE for various

41

courses that come under the jurisdiction of the said

Council. It is expected that the institutions notified as

‘Deemed to be University’ maintain their standards of

education higher than the minimum prescribed by the

AICTE.

In accordance with provisions under Section 11(1) of the

AICTE Act, 1987, the AICTE may cause an inspection of

the relevant departments of the institution declared as

‘Deemed to be University” offering the courses that come

under the jurisdiction of the AICTE Act, 1987 in order to

ensure the maintenance of standards by them.”

K.The application preferred by JRN for ex-post facto approval

was considered by UGC in its meeting dated 11.06.2006 and the

Chairman was authorized to do the needful through appropriate

mechanism. The Chairman, UGC accordingly constituted a two

members Committee with Legal Consultant, UGC, as Special Invitee.

This Committee held meeting in the UGC office on 30.06.2006 and

interacted with representatives of JRN. The decision of the

Committee was as under:-

“After examining all the aspects regarding one time ex-

post-facto approval to Sri Janardan Rai Nagar Rajasthan

Vidyapeeth, Udaipur for the students admitted in various

Degree courses under Distance Education Mode from 1

st

June, 2001 to 31

st

August, 2005 as also keeping in view

the future of a large number of innocent students, the

Committee recommended one-time ex-post-facto

approval for the students admitted under the distance

education mode by Sri Janardan Rai Nagar Rajasthan

Vidyapeeth, Udaipur in Degree Courses from 1

st

June,

42

2001 to 31

st

August, 2005 subject to strict compliance

and fulfillment of the following conditions:

1.The one time approval will cover students

admitted between 1

st

June, 2001 and 31

st

August, 2005

admitted in Degree courses under Distance Education

Mode only subject to the condition that Sri Janardan Rai

Nagar Rajasthan Vidyapeeth, Udaipur shall ensure that it

has permission of relevant Statutory Bodies or Councils

wherever necessary and shall maintain the norms and

standards laid down by the relevant Statutory Bodies and

Councils.

2.Only such students shall be considered for

regularization who fulfill the eligibility conditions,

prevalent in other universities and prescribed by the

statutory authorities for the courses they have been

admitted. Non-eligible candidates shall be offered

alternative courses according to their eligibility or the

entire fee shall be refunded by the Vidyapeeth along with

the compensation claimed…………………..”

L.Thereafter, on 03.07.2006 UGC granted one time ex-post facto

approval in respect of courses conducted by Distance Education Mode

by JRN from 01.06.2001 to 31.08.2005. The conditions mentioned by

the Committee in its recommendations dated 30.06.2006 were incor-

porated in this communication.

M.On 03.11.2006 a letter was addressed by the UGC to JRN that

the conditions of approval as incorporated in the communication dated

03.07.2006 had not been complied with. It appears that on 29.12.2006

43

an Expert Committee was constituted by UGC to look into the docu-

ments/information received from JRN.

N.On 04.02.2007 a public notice was issued jointly by AICTE,

UGC and DEC. The notice stated as under:

“It has come to the notice of the University Grants

Commission (UGC), the All India Council for Technical

Education (AICTE) and the Distance Education Council

(DEC), that some Universities, Institutions Deemed to be

Universities and other institutions are offering technical

education programmes in the ‘distance mode’ without the

approval of the concerned Statutory Council.

All Universities, Institutions, Deemed to be

Universities and other institutions are hereby cautioned

that running such programmes and giving misleading

advertisements regarding unapproved ‘distance mode

courses and programmes of study, shall attract severe

action under the provisions of applicable laws, including

that of de-recognition and withdrawal of institutional

approval;

It is hereby clarified, in the public interest that

there are a number of courses or programmes of study

leading to Degree/Diploma or other awards in

Engineering & Technology, Management, Computer

Applications, Architecture & Town Planning, Pharmacy,

Hotel Management & Catering Technology, Applied Arts

and Crafts, etc. which have not been approved by the

appropriate Statutory Council for being conducted in the

‘distance mode’. It is also reiterated that all courses or

programmes of study in the ‘distance mode’ require the

approval of DEC.”

O.On 15.06.2007 JRN filed an application with DEC seeking

approval to start 69 programmes in Distance Education from the

44

Session 2007-2008. The letter stated that as directed by the UGC,

JRN had stopped new admissions after August 2005. The letter

requested for ex-post facto approval for the programmes/students

between 01.06.2001 to 31.08.2005 and approval for programmes

proposed to be started from the Session 2007-2008. 69 Programmes

indicated in the application comprised of six programmes leading to

the award of Bachelors Degree in Technology in the disciplines of

Computer Science, Information Technology, Civil Engineering,

Mechanical Engineering, Electrical Engineering and Electronics/Tele-

Communications. List of Study Centres numbering 38 was also

appended.

P.A Visiting Committee constituted by the Chairman, DEC, had

visited the main campus of JRN on 15.06.2007 itself. Some of the

relevant portions from the report of the Visiting Committee are as

under:

“………..The University has large infrastructure of Study

Centres totaling 852. These Care located mostly in

private institutions. It has also Study Centres at its

headquarter.

The details of facilities available at each Centre along

with the list of equipments is given in Annexure – VIII.

The university now proposes to reduce the number of

Study Centre significantly and offer programmes through

a network of 38 Study Centres only. (list enclosed)”

45

After making above observations, the Committee made

the following recommendations:

“Keeping in view the above facts the committee

recommends that the request of the university for post

facto approval may be favorably considered. It also

submits that the request of the university for continuation

of its programmes may be considered by DEC as per

norms being adopted for institutional recognition.”

Q.In its meeting dated 01.08.2007 and 02.08.2007 the reports

submitted by the Visiting Committee in respect of AAI (visit dates 26

th

and 27

th

October, 2004), JRN (visit dates 15

th

and 16

th

June, 2007),

VMRF (visit date 04.02.2007) and IASE (visit dates 3

rd

and 4

th

September, 2004) were considered by the DEC. The minutes of the

meeting of DEC were:-

“The Committee deliberated upon the

recommendations of the visiting committees with respect

to each institution and came up with the following

recommendations:

1.The above four institutions may be given ex-post

facto sanction till the academic session June-July

2007 only.

2.These institutions should be communicated the

deficiencies/improvements identified by the

visiting committees.

3.For recognition of the institution from next

academic calendar i.e. from June-July 2008

another visiting committee may be constituted by

46

the Competent Authority to visit and submit a fresh

report on the basis of which further decision on

recognition may be taken.”

The minutes further show that ex-post facto approval granted to the

aforesaid institutions was to be a one time measure and not to be treated as a

precedent in future.

22.At this stage, while ex-post facto approval sought by JRN, IASE, AAI

and VMRF was under consideration, a Memorandum of Understanding was

arrived at on 10.05.2007 among UGC, AICTE and DEC to work in close co-

operation in pursuit of excellence in technical and general education through

distance and mixed mode in the country. Para 10 of the Memorandum of

Understanding was as under:

“(10) The Joint Committee shall also evolve a mechanism for

monitoring the existing institutions conducting courses/pro-

grammes in ‘distance and mixed mode’ for ensuring mainte-

nance of norms & standards provided UGC, AICTE and DEC.

It will also cause inspections to existing institutions conducting

technical and general education to

courses/programmes through distant and mixed mode for the

purpose of continuation/withdrawal of approval by AICTE in

respect of technical institutions and UGC in respect of Univer-

sities including Deemed to be Universities.”

This Joint Committee held several meetings and the decisions in some

of them were as under:-

47

i)In the first meeting held on 11.05.2007, the Chairman stated

that a large number of distance education programmes were being

offered for commercial purposes; that there was deterioration of

quality particularly in technical and professional programmes that

were being offered through distance mode and the joint committee

was expected to ensure quality of all distance education programmes

in general and professional & technical programmes in particular.

The decision taken in the meeting included inter alia:

“For any institution/university to offer distance education

programmes, it is mandatory for them to offer the same

programme in face to face mode.

--- --- ---

Study Centres should be managed by the institution and

no franchising of any kind would be allowed.”

ii)The recommendations made by the DEC on 1

st

and 2

nd

of

August 2007 ratifying the recommendation of the Visiting Committee

of DEC to grant ex-post facto approval to JRN, IASE, AAI and

VMRF as mentioned hereinabove, were then placed before and

accepted by this Joint Committee in its third meeting held on

07.08.2007. The relevant minutes of the meeting were:-

“3.Institutions applied for ex-post facto approval. The

Joint Committee accepted the recommendations of the

Committee appointed by DEC. It accepted the

recommendations of granting ex-post-facto approval to

48

all the four institutions namely JRN Rajasthan

Vidyapeeth, Allahabad Agriculture Institute Deemed

University,Vinayaka Mission University, Punjab

Technical University and IASE Deemed University up to

the current academic year i.e. 2007-08 and the

suggestions made by the visiting Expert Committee

should be made known to them which should be strictly

adhered to. However, they need to apply for formal

recognition to DEC for the next academic year.”

iii)In the fifth meeting held on 17.04.2008, convened on the requi-

sition of AICTE, complaints against IASE and VMRF were discussed

and it was decided to constitute Visiting Committees to review their

programmes.

iv)In the sixth meeting held on 28.07.2008, following decisions

were taken:-

“(i) It was decided that the Chairman, Joint Committee

will write to the Chairman, UGC and the Chairman,

AICTE communicating that once the decision on

approval is taken by the Joint Committee, it should be

considered as approval given by the UGC, AICTE and

DEC and the same should not be referred to the

respective Commission and Councils; otherwise the

entire purpose of the Joint Committee will be defeated.

(ii) Copies of all applications for approval of

programmes in technical and professional areas will be

sent to the AICTE and AICTE will send its

recommendations to the Joint Committee for further

processing.

49

v)In the ninth meeting held on 05.08.2009, the stand taken by

MHRD vide letter dated 29.07.2009

5

regarding withdrawal of

permission given to institutions to conduct B.Tech/B.E. programmes

through distance mode and to stop admissions to such programmes

was noted. The unanimous decision was taken that till such time the

matter was resolved, the Joint Committee would not accord any

approval to B.Tech/B.E. programmes.

23.After the Joint Committee of UGC, AICTE and DEC had accepted the

recommendations of DEC for granting ex-post facto approval to JRN, IASE,

AAI and VMRF in its meeting held on 07.08.2007, the further factual

developments were as under:-

i)The formal approval was communicated by IGNOU to JRN in

following terms vide its letter dated 29.08.2007

“In connection with ex-post-facto recognition, we

would like to convey that all programmes (that

were approved by the statutory bodies of your

institute) are approved till date. As you have not

been offering education through distance mode

since 2005, all your programmes (approved by the

statutory bodies of your institute) till 2005 happen

to be approved by the DEC.

However, for recognition of your institution

for offering programmes through distance mode

from next academic year, i.e. from June-July, 2008,

5

Referred to in Para 23(xiii)

50

you are requested to submit fresh application in the

prescribed format developed by DEC.”

ii)JRN thereafter applied to UGC for approval for academic Ses-

sion 2007-08 submitting that “one time ex-post-facto approval” vide

letter dated 03.07.2006 was already granted by UGC and that DEC

had also granted ex-post-facto approval for programmes offered by

JRN through distance education mode till date. Thereafter, JRN ad-

dressed a communication to UGC on 02.09.2007 submitting compli-

ance for final ex-post-facto approval in terms of approval dated

03.07.2006.

iii)On 03.09.2007 DEC granted provisional recognition to JRN in

respect of programmes offered through distance education mode for a

period of one year from the date of its letter in following terms:

“Dated 03.09.2007

Sub.: Provisional Recognition

Dear Sir,

This has reference to your application to the

Distance Education Council requesting for

recognition of programmes offered through

distance mode by your university.

We would like to inform you that your

university has been granted provisional recognition

for offering programmes (approved by the

statutory bodies of your university) through

51

distance mode for a period of one year w.e.f. the

date of issue of this letter.

However, for recognition of your institution

for offering programmes through distance mode in

the next academic year i.e. from June-July, 2008,

you are requested to submit a fresh application in

the prescribed format developed by the DEC

which may be downloaded from the DEC website:

www.dec.ac.in .

We would also like to inform you that the

DEC has decided not to insist on territorial

jurisdiction to be followed by institutions in

offering programmes through distance mode and

on that matter universities should be governed by

their own Acts and Statutes.

With regards

Yours sincerely,

Sd/-

(SWARAJ BASU)

Prof. L.S. Bhat

Vice Chancellor

Janaradan Rai Nagar Rajasthan

Vidyapeeth (Deemed University)

Pratap Nagar, Udaipur- 313 001, Rajasthan.”

iv)Having received provisional recognition for the academic year

2007-2008 from DEC, JRN then applied to UGC on 13.09.2007 and

on 13.11.2007 UGC sent a letter in reply to JRN as under:

“UNIVERSITY GRANTS COMMISSION

BAHADURSHAH ZAFAR MARG

NEW DELHI 110 002

No.F.6.3(Centre)/2003 (CPP-I) November 13, 2007

The Vice-Chancellor

Janardan Rai Nagar Rajasthan Vidyapeeth

52

(Deemed University)

Pratapnagar, Udaipur- 313 001

(Rajasthan)

Subject: Courses under Distance mode –Regarding

Sir,

With reference to your proposal on the subject

cited above. I am directed to inform you that the

Commission has noted that DEC, a statutory

council in regular distance education, has already

conveyed the approval (ex-post-facto as well

provisional approval for the year 2007-2008) to

certain courses run by your University under

distance mode based on the approval of the UGC-

AICTE-DEC joint committee. Therefore, no

separate approval from UGC is required for the

same. You are requested to send list of the courses

(year-wise) run by the Deemed University under

distance mode as approved by the Joint

Committee.

This issues with the approval of Chairman, UGC.

Yours faithfully

(K.P. Singh)

Joint Secretary”

v)On 05.12.2007 JRN informed UGC that in view of the approval

dated 29.08.2007 granted by DEC, JRN would be offering distance

education programmes in the year 2007-08 as well.

vi)At a meeting held on 19.02.2008 wherein Secretary, Depart-

ment of Higher Education (Distance Learning Division), MHRD,

Heads of UGC, AICTE & IGNOU and Joint Secretary (Distance Edu-

53

cation) participated, it was decided that the approvals should be

granted to the courses and not to the institute. The following deci-

sions, were inter alia, taken in the meeting:

“e.In addition to existing agreement of AICTE for

conduct of MCA and MBA programs by distance

mode, AICTE must also consider to agree to allow

conduct of B.Tech. programmes through distance

mode for Diploma holders in

Engineering/Technology with work experience.

Similarly, distance education programmes for ITI

certificate holder, with some work experience,

leading to award of Diploma could be allowed and

encouraged for their vertical academic mobility.

f.The approvals should be granted to the courses and

not to the institute.

g.The approval, including the cases of granting of

ex-post-facto approvals conveyed by the DEC, to

Allahabad Agricultural Institute, Allahabad, Anna-

malai University, TN, IASE Sardarshahr, Raj, JRN

Rajasthan Vidyapeeth, Udaipur, Vinayaka Mission,

Salem must be reviewed within the next month.”

vii)Though the decision was taken in the meeting of 19.02.2008 a

letter was addressed only on 12.05.2008 by UGC to various institu-

tions including JRN, AAI, AISE and VMRF as follows:-

“Sir,

With reference to your proposal for ex-post-facto

approval to the courses run under distance mode by the

deemed university, I am directed to inform you that the

Government of India, MHRD convened a meeting on 19

th

February, 2008 which was chaired by Secretary,

Department of Higher Education. It was decided that the

approval granted by Distance Education Council

(including ex-post-facto) must be reviewed and the

approval should be granted to the courses and not to the

54

institute. Distance Education Council has also been

requested to give approval strictly as per the provisions

contained in the MOU signed between UGC, AICTE and

DEC. The relevant clause of the MOU is reproduced as

under:

“Based on the recommendations of Joint

Committee, the letter of approval may be issued by the

Joint Committee. The letter should explicitly state: This

has the approval of UGC, AICTE and DEC. The letter

should be jointly signed by Secretary, UGC, Member

Secretary, AICTE and Director, DEC.”

In view of the above mechanism and instructions

issued by MHRD, you are advised to approach the Joint

Committee through Distance Education Council,

IGNOU, Maidan Garhi, New Delhi.

Yours faithfully

(S.C.Chadha)

Deputy Secretary”

viii)In the meantime, on 08.05.2008 JRN sought approval for the

year 2008-09 from DEC for its courses in distance education mode.

Nine professional/technical programmes

6

leading to the award of de-

grees in engineering were listed in respect of which approval was

sought. In Table 3.12 Programme-wise student enrolment in respect

of said programmes was mentioned as 4142, 1258, 3166, 1380, 312,

6

Bachelor of Technology in (i) Mechanical Engineering; (ii) Chemical Engineering; (iii)

Electrical Engineering; (iv) Computer Science; (v) Information Technology; (vi)

Electronics & Telecommunication; (vii) Civil Engineering; (viii) Electronics &

Communication Engineering; (ix) Bio-Informatics.

55

1792, 4216, 516 and 103 respectively; which in effect aggregated to

16885 for all 9 courses put together.

(ix)In the 447

th

meeting of the UGC held on 21.05.2008 decision

was taken in respect of report submitted by the Chairman, UGC as un-

der:

“1.02(a)to ratify the action taken on certain matters.

(i) To report the decision by the Chairman, UGC

regarding courses run under distance mode by JRN

Rajasthan Vidyapeeth, Deemed University, Udaipur,

Rajasthan.

The Commission ratified the action taken by the

Chairman, UGC.”

x)Various show-cause notices were thereafter issued by UGC on

26.06.2008 and 21.08.2008 regarding alleged violation of UGC

Guidelines by concerned Deemed to be Universities but the record is

not clear what further steps were taken and what decisions were ar-

rived at.

xi)On 27.06.2008, DEC issued a public notice titled “Recognition

of degree/diploma/certificates for employment and recognition and

distance education institutions” wherein it was clarified:-

“The provisional approval granted by DEC is not

to be construed to be in lieu of the approval required by

the Institutions from the AICTE in respect of the stan-

dards to be maintained for technical education pro-

56

grammes and from the UGC for offering any programme

in leading to award of a degree which is at variance with

the nomenclature of degrees mentioned in the UGC Reg-

ulations under Section 22 of the UGC Act, 1956.”

xii)On 08.10.2008 DEC granted approval to JRN for the academic

year 2008-2009. The relevant portion of the letter was as under:-

“This has reference to your letter

No.JRNRVU/DEW/2008-2009/811, dated 8 May, 2008

requesting Distance Education Council for continuation

of recognition of your Institute for programmes offered

through distance mode for the year 2008-09.

In this connection we would like to inform you that vide

our letter No.F.No.DEC/Univ/State/07/5739, dated

3.9.2007, your University was accorded Provisional

recognition for one academic year i.e. 2007-08 for

programmes offered through distance mode. Further,

your proposal for grant of regular recognition of your

University is under process. Meanwhile, your University

has been granted continuation of provisional recognition

till such time a visiting committee visits your Institute

and submits its recommendation.

With regards

Yours sincerely,

Sd/-

(Manjulika Srivastava)

Prof. L.S. Bhat,

Vice Chancellor,

Janaradan Rai Nagar Rajasthan Vidyapeeth

(Deeded University), Pratap Nagar,

Udaipur-313001, Rajasthan”

xiii)On 29.07.2009, MHRD wrote to Chairman DEC as under:-

57

“D.No.6-7/2008-DL

Dear Prof. Pillai,

The matter regarding recognition of B.Tech

Degrees awarded by UGC recognised Universities

through Distance Education Mode was examined in the

Ministry. After a detailed examination of the subject

matter referred above, the following course of action has

been approved at the highest level in the Ministry.

(i)DEC should immediately withdraw permission

given to various institutions to conduct B.Tech/B.E.

Programmes through Distance Mode and no student

should be admitted in the current year also.

(ii)Those who have already been admitted will have

to pass both practical and written examination as may be

prescribed in this regard so as to give validity to the

B.Tech/B.E. degree acquired by them through distance

education.

In view of the above, I would request you kindly to take

further necessary steps to implement the action

mentioned at para (i) above immediately and also further

evolve a broad policy and guidelines to give effect to the

action as mentioned at para (ii) above. This being a very

important and sensitive issue, an early action in the

matter will be highly appreciated.

Yours sincerely,

Sd/-

(N.K. Sinha)

Prof. V.N. Rajasekharan Pillai,

Vice Chancellor & Chairman, DEC,

Indira Gandhi National Open University,

Maidan Garhi, New Delhi-110068.”

58

xiv)Soon after the aforesaid letter, DEC informed JRN on

13.08.2009 as under:-

“Dear Sir/Madam

This has reference to the MHRD letter No.D.O.No.6-

7/2009-D.L. Dated 29

th

July, 2009 vide which MHRD has

directed the DEC to immediately withdraw permission

given to various institutions to conduct B.Tech/BE

programmes through distance mode and also ensure that

no students are admitted in the current year.

In this connection the Joint Committee of UGC-AICTE

and DEC has not yet accorded any approval to

B.E./B.Tech programme of any University offered

through distance mode. Any such programmes offered

by a University are hence illegal and are not approved by

the DEC.

Thus it is notified that the above notification of the

MHRD is to be strictly adhered to and no University

should offer any B.E./B.Tech programme through

distance mode. Any deviation from this policy may

invite de-recognition of the concerned University by the

DEC.

With regards,

Yours sincerely,

Sd/-

(Manjulika Srivastava)

To

The Vice Chancellor,

Janardan Rai Nagar Rajasthan Vidyapeeth,

Airport Road, Pratap Nagar,

Udaipur-313001

Rajasthan.”

59

xv)On 21.05.2010, the UGC (Institutions Deemed to be Universi-

ties) Regulations, 2010( hereinafter referred to as “2010 UGC Regula-

tions”) were issued consolidating Guidelines issued from time to time

in respect of factors to be taken in consideration before granting the

status of Deemed to be University. Regulation 2.14 which defined

statutory body includes inter alia AICTE and Regulation 8.02 pre-

scribes that the Institution Deemed to be University shall submit a cer-

tificate and an undertaking that the professional programmes being

conducted by it, if any, have the approval of the relevant statutory/reg-

ulatory body. Regulation 12 deals with “new departments, off cam-

puses and off shore campuses” and Regulation 12.11 is as under:-

“12.11. The off-Campus Centre/Off-shore Campus shall

be directly administered by the parent institution deemed

to be university in matters of admission, instruction,

evaluation, conferring of degrees, etc. In case of the off-

shore Campus, lease in the name of the institution

Deemed to be university may be acceptable (as per the

procedure of the country in which such off-shore campus

is proposed to be established). In case lease is not

permissible in any particular country, land and other

assets in the name of a Strategic Partner shall be

accepted. For this, the institution Deemed to be

university shall have a duly registered MoU/collaboration

with the Strategic Partner which shall be governed in

accordance with the law for the time being in force, in

India.”

Further, Regulation 18 was as under:-

60

“18.0DISTANCE EDUCATION

No institution Deemed to be university, so declared by

the Central Government subsequent to these Regulations,

shall be allowed to conduct courses in the Distance

mode. Also, such institutions declared as such, prior to

these Regulations, shall not be allowed to conduct

courses in the Distance mode from any of its off-Campus

Centre /off-shore Campus approved subsequent to these

Regulations.”

xvi)On 23.09.2011, JRN requested DEC for continuation of its pro-

visional recognition which was granted vide letter dated 08.10.2008.

In response, DEC replied,:-

“In this regard, I am to inform that the competent

authority has acceded to your request for continuation of

provisional recognition conveyed by DEC vide letter

No.F.DEC/JRN/RJ/08/14236 dated 08.10.2008 in order

to ensure continuity of the programmes offered by your

University through distance mode, till the date of

visit/approval of recommendations of the Visiting Expert

Committee.

Further, it is the responsibility of the University to follow

the norms prescribed by the concerned regulatory bodies

and seek their approval for professional/technical pro-

grammes as per the requirement. Thus getting the ap-

proval of concerned statutory apex body for relevant

progaramme(s) will be the sole responsibility of the Uni-

versity.”

xvii)On 29.12.2012 an order was issued by MHRD as under:-

“In view of the recommendations of the Madhava Menon

Committee Report and Government’s decision thereon,

61

the Distance Education Council of Indira Gandhi

National Open University (IGNOU) created under

Statute 28 of the IGNOU Act cannot act as a regulator for

other Universities as it creates conflict of interest. The

Distance Education Council and the Board of

Management of IGNOU have already passed resolution

to repeal the Statute 28 and dissolve DEC under IGNOU.

Therefore, the Central Government in exercise of the

powers conferred by sub section 1 of section 20 of the

UGC 1956 and the AICTE Act, 1987 hereby directs:-

(i) The UGC and AICTE as already

empowered under their respective Acts,

would also act as a regulator for Higher

Education (excluding Technical Education)

and Technical Education through open &

Distance Learning (ODL) mode respectively

Universities are empowered under their

respective Act to offer any programme

course including in Technical Education in

the conventional mode. However if they

offer any programme/course in ODL mode

they would require recognition from the

UGC, AICTE, NCTE and other such

regulators of the conventional mode of

education in those areas of study…...”

xviii)On 01.05.2013, IGNOU dissolved DEC and regulatory func-

tions of “Open and Distance Learning Education” were taken over by

UGC, whereafter a notification was issued by UGC on 17.06.2013

that till it formulated Regulations for maintaining standards in Open

and Distance Learning systems/courses, the UGC would adopt the

62

Guidelines of the DEC on minimum requirements for recognition of

Institutions.

xix)On 27.06.2013 a public notice was issued by UGC stating that

Deemed to be Universities were not allowed to take courses in dis-

tance education mode. The relevant portion of public notice was to

the following effect:-

“A Deemed University shall operate only within its

Headquarters or from those off campuses/off-shore cam-

puses which are approved by the Government of India

through notification published in the official gazette.

In case of distance education programmes, no institution

Deemed to be university, so declared by the Govt. of In-

dia after 26

th

May, 2010 [date of publication of UGC (In-

stitutions Deemed to be Universities) Regulations, 2010]

is allowed to conduct courses in the distance mode.

The institutions Deemed to be universities declared be-

fore 26

th

May, 2010 are not allowed to conduct courses in

distance mode from any of its off-campus centres/off-

shore campuses approved after 26

th

May, 2010.

Approval for new courses and extension of approval of

the courses already run by the Deemed to be Universities

under distance mode would be granted by the UGC sub-

ject to the fulfillment of conditions as laid down by the

UGC.

The UGC has not granted approval to any Deemed to be

university to establish Study Centres.

Any information/clarification with regard to recognition

of Private Universities/Deemed Universities and the

courses offered by them may be obtained from JS (CPP-

I) UGC. Bahadurshah Zafar Marg, New Delhi.”

xx)Despite the aforesaid policy statements that no Deemed to be

University was allowed to take technical courses in distance education

63

mode, JRN again requested UGC to grant approval in terms of the

earlier report of the Committee and when no response was received

from UGC, Civil Writ Petition No.13900 of 2013 was filed by JRN in

the High Court of Judicature for Rajasthan at Jodhpur in which fol-

lowing order was passed by the High Court on 26.11.2013:-

“Issue notice. Notice be also issued on the stay ap-

plication. Rule is made returnable on 16.12.2013.

In the meantime, the respondents shall not de-rec-

ognize the courses run provisionally under the “distance

education mode.”

xxi)On 26.12.2014 JRN submitted further proposal to Distance Ed-

ucation Bureau of UGC for starting new courses in distance education

mode from academic session 2015-2016. Soon thereafter, on

28.02.2015 another letter was written by JRN to UGC to grant contin-

uation of recognition to JRN for the academic session 2015-2016. Ac-

cording to JRN, a further letter in reminder was sent on 17.06.2015

and when no response was received from UGC, JRN filed Civil Writ

Petition No.8832 of 2015 in the High Court of Judicature for Ra-

jasthan at Jodhpur and the following order was passed by the High

Court on 17.11.2015.

“……….At this stage, Mr. Singhvi, Learned Senior

Counsel, has argued that some interim protection be

64

granted to the petitioner, which is a deemed university

and involved in imparting education through distance

mode since 2001 of the approved programmed of UGC.

Mr. Singhvi further submits that although there was an

interim protection by this Court not to take any coercive

action against the petitioner-University and not to de-rec-

ognize the courses run by it, the respondent-UGC has is-

sued communication (Annex. 36) wherein the petitioner

University has not been mentioned to impart education

through distance mode.

Considering the fact that petitioner-University is

involved in imparting education by distance mode since

2001 and there is interim protection granted to the Uni-

versity, the respondent-UGC is directed to provisionally

include the name of the petitioner-deemed University in

the list of the Universities, which are allowed to offer the

approved programmed through distance mode for the

Academic Session 2015-16.

It is made clear that this interim arrangement shall

not create any right or equity in favour of the petitioner-

University and shall remain subject to the final decision

of the writ petition. It is further clarified that UGC shall

be free to carry out the requisite inspection for verifying

the requisite infrastructure available with the petitioner-

University for imparting education through distance

mode.

Stay petition is disposed off.”

xxii)On 12.04.2016 JRN submitted further proposal seeking recog-

nition for programmes offered by it through distance education mode

during the academic session 2016-2017. According to JRN, there be-

ing no response from UGC, JRN filed Writ Petition No.10310 of 2016

in the High Court of Judicature for Rajasthan at Jodhpur to include

65

name of JRN in the list of recognized Universities in the academic

year 2016-2017 and following order was passed by the High Court on

15.09.2016:-

“Issue notice to the respondent No.1 only. Issue

notice of stay petition as well and be given ‘dasti’ to

learned counsel for the petitioner for service.

Learned counsel for the respondent Nos.2 and 3

seeks some more time to file reply to the writ petition.

Time prayed for is granted.

In the meantime, the respondent Nos.2 and 3 are

directed to provisionally include name of petitioner-

Deemed University in the list of universities, which are

allowed to offer the approved programme for Distance

Education mode for the Academic Sessions 2016-2017.

Put up on 20.10.2016 along with S.B. Civil Writ

Petition Nos.5531/2015, 13900/2013, 5194/2014,

7419/2015 and 8832/2015.”

24.In the aforementioned backdrop of facts leading to the ex-post-facto

approvals granted to JRN, IASE, AAI and VMRF and the subsequent facts,

the stand of the authorities as taken in their affidavits may now be adverted

to. We have already quoted paragraph 19 of the affidavit of Mr. Ved Prakash,

Chairman, UGC. Since the stand of the UGC in the present matter is quite

crucial, the relevant portions of the affidavit starting from paragraphs 7 to 10

and 12 to 18 in relation to the first question posed by this Court in its Order

dated 11.12.2014 are extracted as under:-

66

“7. Whether the UGC recognizes degrees in technical

education by open and distant education mode. If so, subject to

what conditions, if any.

8. It is humbly submitted that the UGC used to consider the

grant of approval to programmes conducted by institutions

Deemed to be Universities for awarding B.E./B. Tech. degrees

through ODL mode. The conditions for granting such UGC

approval to ODL programmes conducted by institutions

Deemed to be Universities for awarding B.E./B.Tech. degrees

are described below.

9. After the MHRD issued a notification dated 01.03.1995

(no.44, F.No.18-15/93-TD.V/TS.IV.) making it mandatory to

obtain approval for ODL qualifications from the DEC and,

wherever necessary, from the AICTE, for employment with the

Central Government, the UGC required the approval of AICTE

wherever necessary for programmes conducted by institutions

Deemed to be Universities leading to the award of B.E./B.Tech

degrees through ODL mode, as an imperative for the validity of

such programmes……………

10. Then, in 2004, the UGC framed “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” [the “2004 UGC Guidelines”]. These guidelines

were framed in keeping with the UGC’s mandate to maintain

the standard of teaching and research in universities and

stipulated, ……….

12. Thus, even as per the 2004 UGC Guidelines, the institutions

Deemed to be Universities were required to have the approval

of the AICTE, in addition to that of the UGC/DEC, for

programmes leading to the award of B.E./B.Tech. degrees

through ODL mode.

13. ……..Here, it may be briefly noted that the DEC had

granted such ex-post facto approval because, as per the

MHRD’s gazette notification No.44, dated 01.03.1995,

67

qualifications were required to have mandatory approval of the

DEC and, wherever necessary, AICTE to be valid for Central

Government jobs. However, since the DEC started giving such

approvals in 2004-5 and the proper mechanism could be put in

place only in 2007, most universities/institutions were not

recognized by the DEC though many universities were offering

programmes through correspondence and distance mode even

before the establishment of the DEC (or its policy for giving

recognitions). As a result, many students who had obtained

their qualifications through distance mode started facing

problems because of non-recognition of their qualifications,

including many who were in employment for years. Therefore,

in order to safeguard the interest of these students, the DEC

started the process of ex-post facto approvals and, consequently,

many universities offering programmes through distance mode

(including technical programmes) were accorded ex-post facto

approval. However, the universities concerned were required to

follow the norms of the appropriate regulatory bodies and seek

their approval wherever required.)

14.It is pertinent to note that the Joint Committee referred to

in the aforesaid letter dated 12.05.2008 was formed pursuant to

an MoU dated 10.05.2007 between UGC, AICTE and DEC.

The MoU was “aimed to avoid duplication of efforts in

streamlining of activities” between the three bodies who had

“mutually agreed to 1) carry out various functions of UGC &

AICTE mandated under the Acts, as decided by the UGC and

AICTE from time to time jointly with Distance Education

Council to ensure coordinated and integrated development and

maintenance of norms and standards of technical and general

education through distance and mixed mode in any form and

format in the country….” The Joint Committee was “to oversee

the implementation of MoU and to design action plan for

approval and monitoring of institutions offering technical

programmes through distance and mixed mode” and

applications for approval of programmes in distance and mixed

mode in the field of technical and general education were to be

submitted to the Secretary to the Joint Committee. …….

68

15.Therefore, since the AICTE was a member of the Joint

Committee, the UGC considered approval from the Joint

Committee as tantamount to approval from AICTE as well. As

such, the aforesaid letter dated 12.05.2008 from the UGC

actually nullified an earlier decision to accept the

recommendation to grant ex-post facto approval to JRN

Rajasthan Vidyapeeth and other institutions Deemed to be

universities taken at the third meeting of the Joint Committee of

UGC-AICTE. DEC held on 17.08.2007 as well as a letter dated

13.11.2007 issued by the UGC which stated that, in light of the

DEC’s approval, “no separate approval from UGC is required”

by JRN Rajasthan Vidyapeeth for courses under distance

education mode.

16. It is also pertinent to note that, subsequent to the UGC’s let-

ter dated 12.05.2008, the Joint Committee of UGC-AICTE-

DEC; or UGC independently, did not accord any approval

to these institutions Deemed to be Universities for starting

programmes leading to the award of degrees in technical educa-

tion through ODL mode. Therefore, till date, the deemed uni-

versities, namely, JRN Vidyapeeth Udaipur, Rajasthan;

Vinayaka Mission’s Research Foundation, Salem, Tamil Nadu;

IASE Gandhi Vidya Mandir, Sardarshahr, Rajasthan; and Alla-

habad Agriculture Research Institute, Allahabad, U.P. have not

been accorded the UGC’s approval for their ODL programmes

leading to the award of B.E./B. Tech. degrees.

17. In any event, vide letter dated 29.07.2009, the MHRD had

informed the erstwhile DEC that the latter “should immediately

withdraw permission given to various institutions to conduct

B.Tech/B.E. Programmes through Distance Mode and no

student should be admitted in the current year also. Those who

have already been admitted will have to pass both practical and

written examination as may be prescribed in this regard, so as

to give validity to the B.Tech/B.E. degree acquired by them

through distance education.” Accordingly, the erstwhile DEC

had issued a letter dated 13.08.2009 stating that “the Joint

Committee of UGC-AICTE and DEC has not yet accorded any

approval to BE/B.Tech programme of any University offered

through distance mode. Any such programmes offered by a

69

University are hence illegal and are not approved by the DEC.

Thus it is notified that the above notification of the MHRD is to

be strictly adhered to and no University should offer any

BE/B.Tech programme through distance mode. Any deviation

from this policy may invite de-recognition of the concerned

University by the DEC.”

18.Thereafter, in 2010, the UGC framed the UGC

(Institutions Deemed to be Universities) Regulations (the “2010

Deemed Universities Regulations”). As per Regulation 18.0

therein.

“No institution Deemed to be university, so

declared by the central Government subsequent to

these Regulations, shall be allowed to conduct

courses in the Distance mode. Also such

institutions declared as such, prior to these

Regulations, shall not be allowed to conduct

courses in the Distance mode from any of its off-

Campus Centre/Off-shore Campus approved

subsequent to these Regulations.”

25.The AICTE in its affidavit in reply referred to its Regulations and

Guidelines. Adverting to the decision in Bharathidasan (supra), it was sub-

mitted that after said decision,

“…… only the “Technical Institutions” other than University

were required to have prior approval of the AICTE. However,

the universities which applied for approval of the AICTE on

their own, were considered for grant of approval as per norms

and standards of AICTE in force. At this stage, it is necessary

to clarify that the study centers and campuses of universities

which were not the constituent units of the universities, were

required to have prior approval of the Council for conducting

any technical course or programme….”

Further, reference was made to notification dated 05.04.2006 issued

by MHRD, which inter alia dealt with the issues concerning maintenance or

70

standards of education in institutions notified as Deemed to be universities.

The affidavit further stated that:

“That it is respectfully submitted that it has been the

policy of AICTE not to recognize qualification acquired

through Distance Education mode at Diploma, Bachelors and

Master level in the fields of Engineering, Technology and

Architecture, Town Planning, Pharmacy, Hotel Management

and Catering Technology, Applied Arts and Crafts and Post

Graduate Diploma in Management (PGDM). AICTE has the

policy to consider only MBA and MCA through Distance Mode

for its recognition. In these circumstances, the AICTE has been

issuing public notices from time to time informing the public

and students regarding the above and specifically informing all

the existing students/prospective students pursuing/wanted to

pursue any educational programme in the above mentioned

fields to check the approval by Joint Committee of DEC, UGC

and AICTE on AICTE’s web-portal at www.aicte-india.org.. It

is respectfully submitted that AICTE has given various public

notices in different newspapers regarding its aforesaid policy

from time to time as per AICTE Act.

That it is submitted that in view of the position explained

hereinabove, the conduct of a technical course through distance

education mode other than a course in MBA and MCA is not

permissible. Thus, any technical course conducted by the

technical institutions including the institution Deemed to be

university concerned through distance education mode, except a

course in MBA and MCA, is contrary to the policy of the

AICTE. Hence, degrees or diplomas in technical course

through distance education mode other than a course in MBA

and MCA awarded by the technical institutions including the

institution Deemed to be university cannot be treated valid

degree or diploma.

That it is submitted that in the present matter, the Private

Respondent has obtained degree in Engineering from JRN Ra-

jasthan Vidyapeeth, an institution Deemed to be University,

71

through Distance Education Mode and through study centers

which is not permissible as per the policy of the AICTE. Thus,

such degree in Engineering awarded by JRN Rajasthan

Vidyapeeth, an institution Deemed to be university, through dis-

tance mode is not valid.”

26.DEC having been dissolved in May 2013, we do not have its stand on

record but the stand of MHRD in its affidavit is to the following effect:

“VII.I further submit that upto year 2007 Distance Education

Council (DEC) used to give recognition to institution offering

general courses in the distance mode but during that year, Dis-

tance Education Council (DEC) also started giving recognition

to such institutions to conduct technical programmes under the

distance mode. This was in contradiction to policy adopted by

AICTE which makes it mandatory to conduct technical pro-

grammes through the regular (Conventional) mode of educa-

tion. This created confusion amongst the stakeholders which

gave unfair advantage to unscrupulous institutions conducting

such courses in the distance mode. Accordingly, a Tripartite

Committee of UGC-AICTE-DEC was constituted through an

MOU in May, 2007 for a limited period of three years.

VIII.In the meantime, on 19.02.2008 a meeting of Secretary,

Department of Higher Education, MHRD was held with the

Heads of UGC, AICTE, IGNOU and Joint Secretary (DL) to

discuss the issue of co-ordination and maintenance of standards

in Higher Education through distance. In the said meeting, it

was inter alia decided that the approvals should be granted to

the courses and no to the institute. However, all those aforesaid

arrangements did not live to the expectations.”

27.The stand taken by the Deemed to be Universities in their respective

affidavits and the documents on record is as under:-

72

A.JRN was founded in the year 1937, was conferred Deemed to

be University status in January 1987 and is principally engaged in

teaching and research in the field of adult and continuing education

for working people. Following averments made in paragraphs 22 and

23 of its affidavit are noteworthy:-

“22.That after permission from DEC the University

started the Distance Education programmes through its

Study Centres as per the guidelines prescribed by the

DEC and UGC. ON 26

th

October 2002 the Academic

Council of the University took the decision to start the

Engineering Courses (in all branches) amongst others

through Distance Education Mode from academic year

2003 onwards.

23.The Faculty of Engineering and Technology of the

University in the year 2003 when the University started

it’s Engineering Courses through distance education

mode. Since the University did not conduct any course

through full time mode the University did not seek any

approval from AICTE and the same was not mandatory

in view of this Judgment of the Hon’ble Court in

Bharathidasan’s case as well as provisions of the AICTE

Act that does not envisage University seeking any ap-

proval from the AICTE to offer technical programs. Fur-

ther as communicated it also did not consider Technical

programs under distance education program mode for ap-

proval, which was later held to be contrary to national

policy.”

As regards, its activities in the field of technical education at its

main campus, it is averred:-

“(i)The Institute of Management Studies has been

granted approval by the AICTE for the Masters in

73

Business Admission program (Full Time) from the

year 1998-99 onwards and granted extension till

current academic session.

(ii)The Department of Computer Science and Infor-

mation Technology has been granted approval by

the AICTE for conducting the Master in Computer

Application (Full time) from the Academic Year

2003-04 onwards granted extension till current

academic session.

(iii)The Faculty of Engineering and Technology has

been granted approval by the AICTE for conduct-

ing the under graduate courses in Engineering and

Technology [Electronics and Communication En-

gineering, Civil Engineering, Computer Science

Engineering, Mechanical Engineering and Electri-

cal Engineering] (Full time) from the Academic

Year 2010-11 onwards and granted extension till

current academic session.

(iv)The Rajasthan Vidyapeeth Technology College has

been granted approval by the AICTE for conduct-

ing the Diploma in Engineering and Technology

(Electronics and Communication Engineering,

Civil Engineering, Computer Science & Engineer-

ing, Mechanical Engineering and Electrical Engi-

neering) Master in Computer Application (Full

time) from the Academic Year 2012-13 onwards

and granted extension till current academic ses-

sion.”

After dealing with factual details leading to the ex-post-facto

approvals by UGC and DEC, JRN submitted that no approval from

AICTE was required for a Deemed to be University. However despite

order dated 26.04.2017 passed by this Court, nothing was placed on

74

record as to what type of infrastructure is available with JRN and what

was the methodology followed for monitoring standard of education

imparted in its Study Centres. In response to queries from the Court,

it was submitted across the bar that JRN was conducting distance edu-

cation programmes through 660 Study Centres out of which four cen-

tres were being maintained and managed by JRN while 656 centres

were autonomous institutions. Though Study Centres would in turn

employ demonstrators/lecturers, they were not on the payroll of JRN

but course material would be provided by JRN. Further, though Fac-

ulty in Engineering was set up in the year 2003 there was no regular

Engineering College at the main campus of JRN and said Faculty re-

ceived AICTE approval to conduct regular four year degree courses in

Engineering only from the year 2010 and at Study Centres no regular

four year degree courses in Engineering were being conducted but stu-

dents having diplomas in engineering would be given lateral entry at

second year level.

B.IASE submitted an application on 19.12.2002 with DEC for

starting distance education programme, copy of which was also sent

to UGC. According to IASE, since there was neither any denial nor

any objection from these authorities, it started conducting B.Tech pro-

75

grammes through distance education mode in 2003. It is stated that

IASE stopped B.Tech courses from the year 2005 through distance ed-

ucation mode though it continues to conduct diploma courses in engi-

neering through distance mode. It is further stated that its regular En-

gineering College started functioning at main campus from 2005 after

getting recognition from AICTE. Like JRN, IASE has also not placed

on record any material regarding infrastructure and methodology for

monitoring standard of education in its Study Centres.

C.The stand of VMRF is that it conducts only diploma courses

through distance education mode and it does not grant any degree in

professional courses through distance education mode. It however

submitted that it is on par with State Universities and therefore enti-

tled to conduct distance education programmes across the Country.

28.Mr. C.A. Sundaram, learned Amicus Curiae submitted that the

ex-post-facto approvals for their degree courses in Engineering were sought

by JRN and IASE only in the year 2005 when they had already begun their

courses two to three years earlier. No inspection of their facilities or infra-

structure available at the site was conducted by any authority and the only

inspection that was done was confined to checking the documents. Any ap-

proval granted without any inspection, satisfaction and recommendation of

76

the AICTE was meaningless. According to him, even assuming that the

principle laid down by this Court in Bharthidasan (supra) was to apply to

Deemed to be Universities as well, the UGC guidelines themselves required

the application to be in terms of specifications of AICTE and therefore even

if one were to accept that satisfaction of AICTE was not required under the

AICTE Act, the UGC guidelines did contemplate the same. In his submis-

sion, the Deemed to be Universities in question admitted students, conducted

courses and granted degrees without any statutory approvals and in the teeth

of numerous public notices. In the face of such blatant misuse, the grant of

ex-post-facto approvals was not called for. In his note the learned Amicus

Curiae submitted:-

“The further issue that arises is as to whether in technical edu-

cation and other specialized fields, the non-involvement of

technical / specialized body is permissible or advisable. There

is a difference between open distance learning in general fields

and those in specialized fileds. While in Bharathidasan

(supra), this Court has held that the AICTE has no power of

granting approvals to Universities, it nonetheless recognizes the

significant role played by the AICTE as a recommendatory / ad-

visory body. This would necessarily mean that before any ap-

provals are given, AICTE recommendation for grant of such ap-

proval ought to be obtained. An approval granted without an

inspection, satisfaction and recommendation of the AICTE is it-

self meaningless. Therefore, while the judgment in Bharathi-

dasan (supra) has excluded the requirement of approvals from

AICTE, the approval of a university or course cannot be

granted without the recommendation and satisfaction of all rele-

vant competent bodies. In other words, in the case of distance

learning education for general courses, the approval of UGC

77

and IGNOU are required and in the case of specialized techni-

cal courses, the satisfaction and recommendation of AICTE or

such other specialized body would be additionally called for.”

29.UGC in its Written Submissions submitted:-

a)1985 UGC Regulations did not include education programmes

in technical subjects leading to award of B.E. or B .Tech. degrees.

b)In Bharathidasan (supra), this Court was not concerned with

the question of regulatory framework of Open Distance Learning.

c)2004 UGC Guidelines required submission of information

whether the existing and proposed course curriculum was as per

UGC/AICTE/DEC specifications and approval/accredited by con-

cerned statutory council. Thus there was a specific role of AICTE in

respect of technical courses through distance learning.

d)Taking advantage of Notification of MHRD dated 01.03.1995,

the DEC started giving approvals without any proper mechanism in

place and since its approvals were not getting recognized, it mooted

the idea of ex-post-facto approval. But stand of UGC was clear in let-

ter dated 12.05.2008 that approvals granted by DEC (including ex-

post-facto) must be reviewed and approval be granted to the courses

and not to the institute.

78

e)After 12.05.2008, neither the Joint Committee of UGC-AICTE-

DEC nor UGC independently accorded any approval to JRN, IASE,

VMRF and AAI for their distance learning programmes leading to the

award of B.E./B. Tech. degrees.

f)In any case, letter dated 29.07.2009 of MHRD was clear that

DEC should withdraw permissions granted for conducting

B.Tech/B.E. programmes through distance learning. This was fol-

lowed by UGC letter dated 13.08.2009.

The specific submission was:-

“It is humbly submitted that so far as UGC is con-

cerned, B.E./B.Tech. degrees awarded by institutions

Deemed to be Universities through ODL mode without

AICTE approval will not be treated as valid qualifica-

tions by the UGC.

The UGC has never given any ex-post-facto ap-

proval to the aforesaid institutions which are “deemed

universities” including JRN Rajasthan Vidyapeeth, al-

though the erstwhile DEC has given such approval to

many universities/deemed universities including JRN Ra-

jasthan Vidyapeeth.

The ex-post-facto approval relied upon by the peti-

tioner JRN Rajasthan were not unconditional but were

subject to approval of relevant statutory bodies or coun-

cils [which can only mean bodies like AICTE and such

other similar regulatory bodies] wherever necessary.”

30.In its written submissions, JRN submitted:

79

1)1985 UGC Regulations applied and covered degrees in Engi-

neering as well, since Engineering is an applied branch of science.

2)JRN was granted permission by DEC to commence distance ed-

ucation programmes on 26.09.2001 pursuant to its application dated

17.08.2001 and in its Hand-book issued in May, 2003 by DEC, JRN

was included in the list along with details of courses offered by it.

3)It applied for ex-post-facto approval pursuant to DEC advertise-

ment dated 03.03.2004, providing details of the Faculty of Engineer-

ing and other details as per proforma.

4)From 31.08.2005 to 2007 no fresh admissions were made in

distance education.

5)UGC granted ex-post-facto approval of 03.07.2006 for students

admitted between June 2001 to August, 2005 which decision was

later ratified by the Joint Committee of UGC-AICTE-DEC and ex-

post-facto approval was accorded on 29.08.2007.

6)In respect of academic session after 2007, provisional recogni-

tion was granted by DEC on 08.10.2008.

7)JRN did not take any admissions in Engineering Courses from

31.08.2009 till 11.10.2011 in view of letter dated 26.08.2009 issued

by DEC.

80

8)It also referred to interim orders passed by High Court of Judi-

cature at Rajasthan which are referred to hereinabove in respect of

subsequent academic years.

9)JRN was declared to be a Deemed to be University for its expe-

rience and expertise in the field of admission and continuing educa-

tion, and its expertise in a System of methodology of education/learn-

ing and not in a particular subject or discipline.

10)It commenced its courses in Engineering through distance edu-

cation mode in the year 2003 for people who were already employed

in technical fields and had previous technical qualifications but could

not apply further due to various restraints.

11)It established Faculty of Engineering although there is no

perquisite for a university to have a full time faculty in a particular

subject to start its course through distance education mode and there

were no circulars/notices issued by any statutory body prohibiting a

University to offer distance education courses in Engineering stream.

12)A Deemed to be University is not confined to a state or region

like university created by state legislatures and it can open Off-Cen-

tres/Campus Centres in any part of India with the approval of UGC.

Similarly, Study Centres for distance education can be established and

81

maintained or recognized in any part of India for the assistance of stu-

dents enrolled in distance learning programmes.

13)It gave a list of 18 Deemed to be Universities having Off Cam-

pus Centres in various parts of the country including three such

Deemed to be Universities having Off Shore Campus outside the

country.

14)It then referred to judgment of this Court in Bharathidasan

(supra) in support of the submission that Universities do not require

any approval from AICTE for conducting technical courses. It also

relied upon the judgment of Madras High Court in Satyabama Insti-

tute of Science & Technology v. Union of India

7

which held that

Universities including Deemed to be Universities could start a de-

partment or commence new courses or programmes in technical edu-

cation without approval of AICTE. Reliance was also placed on the

judgment of Delhi High Court in Sam Higginbottom Institute of

Agriculture, Technology and Sciences v. University Grants Commis-

sion

8

to the effect that there was no restriction on a Deemed to be Uni-

versity to start new course or department until UGC Regulations of

2010 were issued. Further reliance was placed on Association of

7

2006 (3) MRJ 870

8

W.P. (C) 486/2015 decided on 4.12.2015

82

Management of Private Colleges v. All India Council for Technical

Education & Ors.

9

to the effect that universities, its colleges and in-

stitutes were exempted from seeking prior approval of AICTE.

31.Appearing for JRN, Dr. Rajeev Dhavan, learned Senior Advocate sub-

mitted that in terms of the decisions of this Court in Bharathidasan (supra)

and Association of Management of Private Colleges (supra) no operational

control could be exercised by AICTE over Universities including Deemed to

be Universities. However some sort of cooperation was certainly envisaged

in Bharathidasan (supra) which was purely in the nature of advisory role

for AICTE. He further submitted that power of a Deemed to be University

to start new courses was unlimited and a Deemed to be University would be

bound by regulatory mechanism only in two ways:-

a. Its recognition as a Deemed to be University could be with-

drawn if it was found to be not functioning within the limits, and

b.Regular inspections in terms of statute could be undertaken by

UGC though as a matter of fact these inspections never take place.

According to him though there was no express empowerment under

any statute enabling a Deemed to be University to initiate various courses

and disciplines outside its area of excellence, there was no negative mandate

9

(2013) 8 SCC 271

83

either and as an extension of this principle a Deemed to be University could

enter the field of distance education in any subject or discipline. Mr. M.L.

Verma, learned Senior Advocate appearing for IASE made his submissions

on similar lines.

Mr. Vikas Singh, Mr. Nidhesh Gupta, Mr. Jayant Bhushan and Mr.

Sanjay Hegde, learned Senior Advocates and other learned Advocates led

by Mr. Ashok Mahajan, learned Advocate, appearing for various candidates

adopted the submissions of Dr. Dhavan and Mr. Verma. In their submis-

sions, the concerned candidate-in-service diploma holders took admission to

degree courses in Engineering and have successfully completed such courses

and advanced in life. They submitted that in any view of the matter the de-

grees obtained by these candidates may not be nullified.

32.Mr. Raju Ramachandran, learned Senior Advocate appearing for

OLIC reiterated the stand of OLIC that the degrees in Engineering obtained

by concerned in-service diploma holders through distance education were in-

valid and as such no benefit ought to accrue to such candidates. Similar sub-

mission was advanced by Mr. V. K. Bali, learned Senior Advocate appearing

for State of Punjab in matters arising from the decision of High Court of

Punjab and Haryana.

84

33.Mr. Maninder Singh, learned Additional Solicitor General appearing

for UGC submitted that inclusive definition of “University” in UGC Act was

in a completely different and limited context and the idea was essentially to

recognize Deemed to be University for the purposes of funding and that such

Deemed to be University is not a University for all purposes. In his submis-

sion, if such Deemed to be University is desirous of starting any technical

course it ought to obtain express approval from AICTE. He also placed re-

liance on Section 23 to submit that a University established or incorporated

by or under a Central Act, a Provincial Act or a State Act alone is entitled to

have the word “University” associated with its name which again signified

the distinction between a University established or incorporated under a leg-

islation as against a Deemed to be University.

34.Thus, we are principally concerned in the present matters with ques-

tions regarding validity of degrees in Engineering awarded by the concerned

Deemed to be Universities in two periods. a) Where students were admitted

during 2001 to 2005 in respect of which ex-post-facto approval was granted;

and b) In respect of students admitted by JRN during 2007-08, 2008-09 and

from 2011-12 onwards.

The crucial facts as they emerge from the narration in the preceding

paragraphs are:-

85

a)The concerned Deemed to be Universities namely AAI, JRN and

IASE started distance education programmes leading to degrees in

Engineering, outside their field of specialization. Such pro-

grammes were started without taking any approval from UGC

and/or AICTE and when there was no approved engineering col-

lege or faculty at their main campus.

b)Further, such programmes were being conducted in Study Centres,

majority of which were not maintained and managed by the con-

cerned Deemed to be Universities. The demonstrators/lecturers

employed at such Study Centres were not on the payroll of and

were not selected by such Deemed to be Universities.

c)Those Study Centres were not inspected at any stage, nor any facil-

ities therein were assessed to see if they meet the standards pre-

scribed for imparting courses in Engineering. Similarly, no author-

ity had checked what kind of courses were being conducted nor

was there any inspection at the time the examinations were said to

have been conducted.

d)The Visiting Committee of DEC had visited the main campus of

the concerned Deemed to be Universities and seen the record but

not visited any Study Centres. No member or representative of

AICTE was part of such Visiting Committee, the report of which

86

was simply endorsed by the Joint Committee of UGC-DEC-

AICTE.

e)Under 1985 UGC Regulations, minimum of 180 actual teaching

days in an academic year with 40 clock hours every week are re-

quired for courses leading to degrees of B.A./B.Sc./B.Com. As-

suming that these Regulations apply to courses in Engineering, this

requirement would be more pronounced and crucial when courses

leading to award of degrees in Engineering are in issue. Such

technological programmes by very nature require extensive practi-

cal training.

f)The application preferred by JRN for ex-post-facto approval shows

that its Study Centres for programmes leading to degrees in Engi-

neering were located in institutions which themselves were running

independent courses. If 180 actual teaching days with 40 clock

hours per week is the requirement which must be satisfied by those

institutions for running their own courses, no scope is left for any

outside institution such as JRN for using such facilities for impart-

ing any courses in technical education. If the facilities were suffi-

cient to justify the independent strength of those institutions, the

additional burden caused by students of JRN could not possibly be

accommodated.

87

g) The inspection to ensure maintenance of standards was specifi-

cally contemplated under the Notification of MHRD issued on

05.04.2006. Para 10 of the Memorandum of Undertaking dated

10.05.2007 also spoke of inspection for the purposes of continua-

tion/withdrawal of approval. In the teeth of these Policy state-

ments, the Joint Committee of AICTE-DEC-UGC endorsed its ac-

ceptance on 07.08.2007 without there being inspections at all.

h)Aforesaid aspects regarding complete absence of any inspection

become crucial particularly when communications of DEC and

UGC issued from time to time highlighted complaints regarding

those Deemed to be Universities.

i)As far as second period is concerned, again no inspections, at any

stage, were carried out. The provisional approval dated

03.09.2007 by DEC was completely mechanical and the assertion

therein that DEC would not insist on territorial jurisdiction, was

against the mandate of MHRD in its letter dated 29.07.2009 and of

the decision in the ninth meeting of the Joint Committee of UGC-

DEC-AICTE. The consequent approval dated 13.11.2007 by UGC

is equally mechanical and suffers from same infirmity.

j)Though decision was taken in the meeting held on 19.02.2008 to

review cases of ex-post-facto approvals within a month, nothing

was done. In fact, the first communication thereafter was three

88

months after on 12.05.2008. It spoke nothing about review of ex-

post-facto approval already granted. At this juncture, the logical

exercise ought to have been to consider and assess the claim

course-wise, cause inspections and see whether ex-post-facto ap-

provals were rightly granted or not. However, that was not to be.

k)On the other hand, UGC in its meeting of 21.05.2008 went on to

ratify the decision of the Chairman to accord approval. At the

same time, in response to application dated 08.05.2008 by JRN,

DEC went on to grant provisional recognition for the year 2008-

09.

l)In spite of clear instructions by MHRD in its letter dated

29.07.2009 to withdraw permissions already given to conduct

B.Tech/B.E. programmes through distance education and not to ad-

mit students for current year, no steps were undertaken to imple-

ment those directions and withdraw permissions already given.

m)Even after dissolution of DEC and Public Notice dated 27.06.2013

issued by UGC that no Deemed to be University would be allowed

to take courses through distance education, when JRN again ap-

plied to UGC for grant of approval, no reply was given by UGC;

on which score JRN was able to get an interim order dated

26.11.2013 from the High Court. As a matter of fact in the face of

89

Regulation 18 of 2010 UGC Regulations, such a request or appli-

cation could never have been considered.

n)Similar is the case with regard to interim orders dated 17.12.2015

and 15.09.2016. Thus JRN could continue admitting students de-

spite aforementioned Policy statements, on the strength of interim

orders.

o)During this period, the High Court of Punjab and Haryana vide its

decision dated 06.11.2012 had already held the degrees in Engi-

neering awarded by Deemed to be Universities through distance

education mode to be invalid. That decision was appealed against

by students and IASE but not by JRN. In any case, the Interim

Order of this Court only protected concerned students whose de-

grees stood invalidated.

p)If interim orders dated 26.11.2013, 17.11.2015 and 15.09.2016 by

one High Court could become a justification for continuing to

conduct courses leading to degrees in Engineering through distance

education mode across the country, the final declaration issued by

another High Court on 06.11.2012 and the policy statements re-

ferred to earlier, had greater binding force.

q)On one hand it was being proclaimed by the concerned authorities

in their public notices like 27.06.2008 and 27.06.2013 or policy

statements such as 2010 UGC Guidelines that no Deemed to be

90

University will be allowed to conduct courses in distance educa-

tion mode, and on the other hand DEC kept granting provisional

approval and UGC helped the concerned Deemed to be University

by its total inaction.

35.In the backdrop of aforesaid facts, the learned Amicus Curiae is right

in his submission that the ex-post facto approvals granted in the present mat-

ters were completely opposed to the policy statements governing the matters

in issue. He is right that the concerned Deemed to be Universities admitted

students, conducted courses and granted degrees in the absence of statutory

approvals. It is, however, the submission of Dr. Rajeev Dhavan, learned Se-

nior Advocate that a Deemed to be University is entitled to start new courses

in technical education (including through distance education mode) in terms

of law laid down by this Court in Bharathidasan (supra) and that there was

no bar or prohibition in any statute or statutory instrument when the Deemed

to be Universities started the instant courses in distance education mode.

According to him, the inspections could of course be undertaken by UGC in

terms of the Statute and if no inspections, as a matter of fact were conducted,

the Deemed to be Universities could not be at fault. The following ques-

tions, therefore, arise for our consideration.

91

A.Whether the concerned Deemed to be Universities in the

present case, could start courses through distance education in sub-

jects leading to award of degrees in Engineering –

a)Without any parameters or Guidelines having been laid

down by AICTE for conduct of such courses in technical educa-

tion through distance education mode.

b)Without prior approval under the AICTE Act.

[

B.Whether DEC, on its own, was competent to grant permission

to the concerned Deemed to be Universities to start such courses

through distance education.

36.The definition of “Technical Education” in Section 2(g) of the 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

to the institutions where such programmes of education, research and train-

ing are to be conducted or imparted. However, the definition of “Technical

Institution” in Section 2(h) leaves out an institution which is a University.

The distinction between the broader concept of “Technical Education” and

the limited scope of “Technical Institution” is clear from Section 10 of the

AICTE Act where certain functions concern the broader facets or aspects of

92

technical education which by very nature must apply to every single institu-

tion (whether university or not) where such courses are conducted or im-

parted. At the same time, certain functions are relatable to technical institu-

tions alone, which by definition are not applicable to universities. For exam-

ple, Functions in sub-clauses (a), (b), (d), (e), (f), (l) and (n) are concerned

with broader facets of technical education, while functions in Clauses (k),

(m), (p) and (q) deal with matters concerning technical institutions and thus

may not apply to universities, whereas there are certain functions as set out

in Clauses (g) and (o) which apply to both “Technical Institutions” and

“Universities” imparting technical education. Clauses (c), (d) and (f) of

Section 10 deal with subjects, inter alia, coordination of the technical educa-

tion in the country at all levels; promoting innovation, research, develop-

ment, establishment of new technologies, generation, adoption and adapta-

tion of new technologies to meet the developmental requirements; and pro-

moting and effecting link between technical education and systems and other

relevant systems. AICTE is thus the sole repository of power to lay down

parameters or qualitative norms for “technical education”. What should be

course content, what subjects be taught and what should be the length and

duration of the courses as well as the manner in which those courses be con-

ducted is a part of the larger concept of “technical education”. Any idea or

93

innovation in that field is also a part of the concept of “technical education”

and must, as a matter of principle, be in the exclusive domain of AICTE.

37.In Bharathidasan (supra) the issue was whether a University estab-

lished under a State Law, within its area of operation, was entitled to start

courses in technical education as an adjunct to the University itself without

any approval of AICTE. The requirement of grant of approval under Section

10(1)(k) of the AICTE Act being specific in respect of technical institutions

alone, the conclusion was arrived at that the AICTE could not insist upon

such grant of approval when a University wished to start courses in technical

education as an adjunct to the University itself. The discussion in Bharathi-

dasan shows that this Court accepted the role of AICTE in laying down

norms and standards in technical education system which is evident from

following portions from paragraph Nos.10 and 16.

“10………………A careful scanning-through of the provisions

of the AICTE Act and the provisions of the UGC Act in juxta-

position, will show that the role of AICTE vis-à-vis the univer-

sities is only advisory, recommendatory and a guiding factor

and thereby subserves the cause of maintaining appropriate

standards and qualitative norms and not as an authority empow-

ered to issue and enforce any sanctions by itself, except submit-

ting a report to UGC for appropriate action………………….

16…………We also place on record the statement of the

learned Senior Counsel for the appellant, which, in our view,

even otherwise is the correct position of law, that the challenge

of the appellant with reference to the Regulation in question

and claim of AICTE that the appellant University should seek

and obtain prior approval of AICTE to start a department or

94

commence a new course or programme in technical education

does not mean that they have no obligation or duty to conform

to the standards and norms laid down by AICTE for the purpose

of ensuring coordinated and integrated development of techni-

cal education and maintenance of standards………….”

38.Technical education leading to the award of degrees in Engineering

consists of imparting of lessons in theory as well as practicals. The practi-

cals form the backbone of such education which is hands-on approach in-

volving actual application of principles taught in theory under the watchful

eyes of Demonstrators or Lecturers. Face to face imparting of knowledge

in theory classes is to be reinforced in practical classes. The practicals, thus,

constitute an integral part of the technical education system. If this estab-

lished concept of imparting technical education as a qualitative norm is to be

modified or altered and in a given case to be substituted by distance educa-

tion learning, then as a concept the AICTE ought to have accepted it in clear

terms. What parameters ought to be satisfied if the regular course of impart-

ing technical education is in any way to be modified or altered, is for AICTE

alone to decide. The decision must be specific and unequivocal and cannot

be inferred merely because of absence of any Guidelines in the matter. No

such decision was ever expressed by AICTE. On the other hand, it has al-

ways maintained that courses leading to degrees in Engineering cannot be

undertaken through distance education mode. Whether that approach is cor-

95

rect or not is not the point in issue. For the present purposes, if according to

AICTE such courses ought not to be taught in distance education mode, that

is the final word and is binding – unless rectified in a manner known to law.

Even National Policy on Education while emphasizing the need to have a

flexible, pattern and programmes through distance education learning in

technical and managerial education, laid down in Para 6.19 that AICTE will

be responsible for planning, formulation and maintenance of norms and stan-

dards including maintenance of parity of certification and ensuring coordi-

nated and integrated development of technical and management education.

In our view whether subjects leading to degrees in Engineering, could be

taught in distance education mode or not is within the exclusive domain of

the AICTE. The answer to the first limb of the first question posed by us is

therefore clear that without the Guidelines having been issued in that behalf

by AICTE expressly permitting degree courses in Engineering through dis-

tance education mode, the Deemed to be Universities were not justified in

introducing such courses.

39.We now move to the second limb of the first question. Under 1994

AICTE, Regulations, “no courses or programmes shall be introduced by

any Technical Institution, University including a Deemed University or Uni-

versity Department on College except with the approval of the Council”.

96

Bharathidasan (supra) declared said Regulation to the extent it required a

University to have approval for introducing any courses or programmes in

technical education, to be bad. Same thought was amplified in Association

of Management of Private Colleges (supra) to say that affiliated colleges of

the University were entitled to the same protection. The question is, whether

a Deemed to be University is also entitled to the same protection. The mat-

ter can be considered under two categories:-

a.The first category could be of a Deemed to be University, which

was conferred such status for its excellence in a field of technological

subject, is now desirous of introducing courses or programmes inte-

grally connected with the area- in respect of which it was conferred

Deemed to be University status. For example, an Engineering College

which because of its excellence in the field was conferred Deemed

University status, now wishes to introduce courses in subjects like Ro-

botics or Nano Technology which are Engineering subjects and inte-

grally connected with its own field of excellence.

b. The second category could be of a Deemed to be University

which was conferred such status for its excellence in subjects which

are completely un-related to the field in which new courses are sought

to be introduced. For example an Institution engaged in teaching Fine

97

Arts and Music, for its excellence in that chosen field- or for that mat-

ter an institution engaged in teaching Law had been conferred such

status. Can such a Deemed to be University claim immunity from

regulatory control of AICTE and say that it is entitled, as a matter of

right, to introduce courses in Engineering on the strength of the deci-

sion of this Court in Bharathidasan.

We are concerned in the present cases with the second category of

Deemed to be Universities. In the present cases, none of the Deemed to be

Universities was conferred such status for its excellence in the field of Engi-

neering. Their fields were completely un-related. As a matter of fact, JRN

and IASE did not even have regular college or faculty for Engineering at its

main campus. And yet, they started courses in Engineering through distance

education mode without the approval of AICTE, relying on the dictum in

Bharathidasan. According to Dr. Rajeev Dhavan, learned Senior Advocate,

they were entitled as a matter of right to start such courses.

40.The affidavit of Dr. Ved Prakash as referred to hereinabove as well as

the stand of UGC and the submissions made by Mr. Maninder Singh, learned

Additional Solicitor General make it clear that such Deemed Universities in

the second category mentioned above are not entitled, as a matter of right, to

introduce courses leading to degrees in Engineering without the approval of

98

AICTE. According to the submission of the learned Additional Solicitor

General, the conferral of status is only because of excellence in a particular

field or subject which then entitles the Deemed to be University to utilise its

excellence to conduct research and achieve advancement in that field. How-

ever merely because such status was conferred on the concerned institution,

in his submission, would not entitle it to similar protection in the second cat-

egory cases, as available to a University by virtue of the decision of this

Court in Bharathidasan (supra).

41.Paras 1 and 2 of Bharathidasan (supra) show that the University con-

stituted under the State law had its area of operation over three Districts of

Tamil Nadu and by virtue of such State law could provide among other

things, instructions and training in such branches of learning as it may de-

termine. The express grant or empowerment thus came from the State enact-

ment to enter into any field of learning as it may determine and introduce

new courses in that behalf. However the University would be bound by ter-

ritorial restrictions, in that it could not go beyond the territory of three Dis-

tricts over which it was given Jurisdiction. But if we accept the submission

of Dr. Rajeev Dhavan, learned Senior Advocate, there would be no such ter-

ritorial restrictions on a Deemed University and it could open new depart-

ments, introduce new courses in any field anywhere in the Country. By way

99

of illustration, we can consider the case of a private institution affiliated to a

University such as Bharathidasan University, which after some length of

time is conferred Deemed to be University status for excellence achieved by

such private institution, say in the field of adult education. If we accept the

submission of Dr. Dhavan, upon such conferral of Status as Deemed to be

University, this originally affiliated private institution can now introduce any

courses in technical education anywhere in the Country but the original Uni-

versity would be bound by territorial restriction.

42.The grant or empowerment in Bharathidasan (supra) in favour of the

University in question came from the State enactment which was its Charter.

There is no such Charter or grant in favour of a Deemed to be University un-

der any provision of the UGC Act. All that the UGC Act does is to confer

Deemed to be University status on an Institution which has achieved excel-

lence in its chosen field so that its development in the concerned field and its

attempts to attain excellence and conduct research are not hampered on any

count and at the same time it could be extended the facilities of Aid. It is

precisely for this that the distinction between a regular University estab-

lished under a Central Act, a Provincial Act or a State Act and an Institution

Deemed to be University is maintained in the UGC Act. A Deemed to be

University can certainly award degrees but cannot use the word “University”

100

by virtue of Section 23 of the UGC Act. Even after conferral of such status

it still continues to be “an Institution Deemed to be University” and if it is

equated with a University in every sense of the term it would lead to inco-

herent and incongruous results, in that its area of operation or the field of its

activity would be completely unlimited and unregulated. In our view that is

certainly not the intent of the UGC Act.

43.Conceptually there is some difference between the status of a Univer-

sity established under a State law and that of a Deemed to be University.

Normally, a University is established with an idea that particular areas or

districts of the State need to be catered to. Such University is expected to

satisfy the needs or aspirations of people in the area for education and corre-

spondingly empowered to initiate new courses, keeping in tune with the

needs of time. The expectations from a Deemed to be University are of a

different dimension. What is expected is excellence, research and advance-

ment in its chosen field for which such status was accorded. There is no em-

bargo on such Deemed to be University in entering new areas of education

or introducing new courses but in that case, it can’t demand or receive com-

plete relaxation from regulatory regime. It must satisfy all those require-

ments which a normal institution is required to. The stand taken by the UGC

in the affidavit of Dr. Ved Prakash, as well as its submissions in our view, are

101

correct and we reject the submission of Dr. Dhavan. The logical con-

clusion is that a Deemed to be University in the second category mentioned

hereinabove is still an institution of the stature of a “technical institution”

and if it desires to introduce new courses it must fulfill the requirements of

1994 AICTE Regulations. A Deemed to be University which has achieved

excellence in a particular field may be given deferential treatment but none-

theless it has to satisfy the requirements for new technical institution. Perti-

nently, both JRN and IASE, while establishing their faculty or colleges in

engineering at their main Campus sought approvals from AICTE. Further,

even for introducing courses in management which come under the defini-

tion of technical education under the AICTE Act, appropriate permissions

were sought from AICTE. We therefore conclude that the Deemed to be

Universities in the present case were required to abide by the provisions of

1994 AICTE Regulations and could not introduce courses leading to award

of degrees in Engineering without the approval of AICTE. 1994 AICTE

Regulations or any subsequent Regulations will have to be understood in the

light of our decision.

44.Para 3 of the notification dated 22.11.1991 which constituted DEC

shows that there was no representation for any Member or representative of

AICTE. The provisions of IGNOU Act show that the Study Centres as de-

102

fined in the IGNOU Act are that of IGNOU and not of any other University

or Institution. The concept of distance education under sub-clause (v) of

Section 5 is also in relation to the academic programmes of IGNOU. It un-

doubtedly has powers under Clauses (vii), (xiii) and (xxiii) to cooperate with

other Universities but the 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 In-

stitutions as well. The Order dated 29.12.2012 issued by MHRD therefore

correctly appreciated that DEC created under statute 28 of IGNOU Act

could not act as a regulator for other Universities. In any event of the mat-

ter, the policy Guidelines issued from time to time made it abundantly clear

that DEC alone was not entitled to grant permission for open distance learn-

ing and appropriate permissions from the requisite authorities were always

required and insisted upon. Despite such policy statements, DEC went on

granting permissions without even consulting AICTE. Such exercise on part

of DEC was completely without jurisdiction.

45.It was laid down by this Court in Annamalai University v. Secretary

to Government, Information and Tourism Department and Others

10

that no

relaxation could be granted in regard to the basic things necessary for

10

(2009) 4 SCC 590

103

conferment for a degree and if a mandatory provision is not complied with

by an administrative authority, the action would be void. This leads us to

conclude that the permissions granted by DEC in the first instance allowing

the Deemed to be Universities in question to introduce courses leading to the

award of degrees in engineering were illegal and opposed to Law. The

illegality in the exercise of power was to such an extent that it could not be

cured by ex post facto approvals granted later. We have also seen that the

exercise of grant of ex post facto approvals, as a matter of fact, was only

superficial and perfunctory. Such exercise was done in the face of declared

policy statements governing the field and even when specific complaints

were received about concerned Deemed to be Universities. Yet, without

causing any inspection such power was exercised which part is already dealt

with and the exercise of power has been found by us to be suffering from

illegality and infirmity. The only thing in favour of the concerned Deemed

to be Universities is the fact that the Joint Committee of UGC – AICTE –

DEC had endorsed the decision though such exercise was also completely

flawed. That exercise was against Para 10 of the MoU dated 10.05.2007,

which contemplated causing of inspections and the decision dated

11.05.2007 of the Joint Committee itself that for an Institution/University to

104

offer distance education programmes it was mandatory to offer the same in

face to face mode.

46.Having found the entire exercise of grant of ex-post-facto approval to

be incorrect and illegal, the logical course in normal circumstances would

have been not only to set aside such ex-post-facto approvals but also to pass

consequential directions to recall all the degrees granted in pursuance

thereof in respect of Courses leading to award of degrees in Engineering.

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 required to be considered with some sympathy so that interest

of those students who were enrolled during the academic sessions 2001-

2005 is protected. Though we cannot wish away the fact that the concerned

Deemed to be Universities flagrantly violated and entered into areas where

they had no experience and started conducting courses through distance

education system illegally, the over bearing interest of the concerned

students persuades us not to resort to recall of all the degrees in Engineering

granted in pursuance of said ex-post-facto approval. However, the fact

remains that the facilities available at the concerned Study Centres were

never checked nor any inspections were conducted. It is not possible at this

length of time to order any inspection. But there must be confidence and

105

assurance about the worthiness of the concerned students. We, therefore,

deem it appropriate to grant some chance to the concerned students to have

their ability tested by authorities competent in that behalf. We, therefore,

direct that all the degrees in Engineering granted to students who were

enrolled during the academic years 2001 to 2005 shall stand suspended till

they pass such examination under the joint supervision of AICTE-UGC in

the manner indicated hereinafter. Further, every single advantage on the

basis of that degree shall also stand suspended.

47.The AICTE is directed to devise within one month from the date of

this judgment modalities to conduct appropriate test/tests both in written

examination as well as in practicals for the concerned students admitted

during the academic sessions 2001-2005 covering all the concerned subjects.

It is entirely left to the discretion of AICTE to come out with such modalities

as it may think appropriate and the tests in that behalf shall be conducted in

the National Institutes of Technology in respective States wherever the

students are located. The choice may be given to the students to appear at

the examination which ideally should be conducted during May-June, 2018

or on such dates as AICTE may determine. Not more than two chances be

given to the concerned students and if they do not pass the test/tests their

degrees shall stand recalled and cancelled. If a particular student does not

106

wish to appear in the test/tests, the entire money deposited by such student

towards tuition and other charges shall be refunded to that student by the

concerned Deemed to be University within a month of the exercise of such

option. The students be given time till 15

th

of January, 2018 to exercise such

option. The entire expenditure for conducting the test/tests in respect of

students who wish to undergo test/tests shall be recovered from the

concerned Deemed to be Universities by 31.03.2018. If they clear the

test/tests within the stipulated time, all the advantages or benefits shall be

restored to the concerned candidates. We make it clear at the cost of

repetition that if the concerned candidates do not clear the test/tests within

the time stipulated or choose not to appear at the test/tests, their degrees in

Engineering through distance education shall stand recalled and cancelled.

It goes without saying that any promotion or advancement in career on the

basis of such degree shall also stand withdrawn, however any monetary

benefits or advantages in that behalf shall not be recovered from them.

48.As regards the students who were admitted after the ex-post-facto

approval granted in favour of such Deemed to be Universities, in our view,

there was no sanction whatsoever for their admission. The Policy

Statements as well as warnings issued from time to time were absolutely

clear. The students were admitted on the strength either provisional

107

recognition or on the strength of interim orders passed by the High Court.

We therefore, declare that in respect of students admitted after the academic

sessions of 2001-2005, the degrees in Engineering awarded by the concerned

Deemed to be Universities through Distance Education Mode shall stand

recalled and be treated as cancelled. Any benefit which a candidate has

secured as a result of such degrees in Engineering in the nature of promotion

or advancement in career shall also stand recalled. However, if any

monetary benefit was derived by such candidates that monetary benefit or

advantage will not be recovered by the concerned departments or employers.

We, further direct that the entire amount paid by such students to the

concerned Deemed to be Universities towards tuition fee and all other

expenditure for such courses through distance education learning shall be

returned by the concerned Deemed to be Universities to the respective

students. This direction shall be complied with by the concerned Deemed to

be Universities scrupulously and the amounts shall be returned by 31

st

of

May, 2018 and an appropriate affidavit to that extent shall be filed with UGC

within a week thereafter.

49.The factual narration mentioned hereinabove makes certain things

distinctly clear. The affidavit of Mr. Ved Prakash discloses how permissions

were granted to introduce courses in the present cases without any authority.

108

On one hand, the authorities were proclaiming their policy statements and on

the other, despite there being complaints, they went about granting

permissions. Their conduct and approach is difficult to explain on any

rational basis and leaves much to be desired. We are, prima facie of the

view that the conduct of the concerned officials needs to be looked into and

investigated whether the exercise of power by them was completely genuine

or colourable. We do not express any final opinion in that behalf but direct

the CBI to carry out thorough investigation into the matter and to take

appropriate steps after culmination thereof.

50. The record further shows that time and again warnings were issued to

the concerned Deemed to be Universities. Dr. Rajeev Dhavan, learned

Senior Advocate is right in his submission that if a Deemed to be University

is not to be found functioning within the limits, its recognition as Deemed to

be University could be withdrawn. In our view, the concerned Deemed to

be Universities had gone far beyond their limits and to say the least, had

violated binding policy statements. Even when they did not have any

experience in the concerned field and had no regular faculty or college in

Engineering, they kept admitting students through distance education mode.

When there was nothing at the core, the expansion was carried at the tertiary

levels in brazen violation. The idea was not to achieve excellence in the

109

field but the attempts appear to be guided by pure commercial angle. We

therefore, direct the UGC to consider whether the Deemed to be University

status enjoyed by the concerned institutions, namely, JRN, AAI, IASE and

VMRF calls for any such withdrawal and conduct an inquiry in that behalf.

If the concerned Deemed to be Universities fail to return the moneys to the

concerned students as directed above, that factor shall also be taken into

account while conducting such exercise.

51. We must also put on record what we have observed during the course

of the hearing and consideration of the present matters. It has come to our

notice that many institutions which are conferred the status of Deemed to be

Universities are using the word “University”, which in our view is opposed

to the spirit of Section 23 of the UGC Act. The UGC shall take appropriate

steps to stop such practice.

52.The present case shows the extent of commercialization of education

by some of the Deemed Universities. The commercialization of education

seriously affects creditability of standards in education, eroding power

and essence of knowledge and seriously affecting excellence and merit. The

present case further displays lack of effective oversight and regulatory

mechanism for the Deemed to be Universities. The UGC had completely

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failed to remedy the situation. Serious question has therefore arisen as to the

manning of the UGC itself for its effective working. We have already

found that facilities at Study Centres were never checked nor any

inspections were carried out which has led us to direct suspension of

degrees for the students enrolled during academic sessions 2001-2005 and

annulment of degrees of students admitted after academic sessions of 2001-

2005. We have also found that there was complete and flagrant violation of

norms and policies laid down by the authorities by the Deemed to be

Universities. AICTE had been illegally kept out.

Thus, interest of justice requires that the following issues also need to be

addressed:

(i)Action for failure of system, inter alia, on account of

misconduct of some of the functionaries who failed to uphold

the law and granted approvals contrary to the policy and the

rules;

(ii)Manning of the UGC;

(iii)Appropriate oversight and regulatory mechanism especially for

distance education degrees especially those relating to technical

education by the Deemed to be Universities in future;

(iv)Review of the Deemed to be Universities status granted to the

Deemed to be Universities in the past in the light of this

Judgment and in the light of their working; and

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The above issues need immediate steps to be taken by the Union of

India. Review of oversight and regulatory mechanism is of utmost priority

for the future of technical and professional education at the hands of

Deemed Universities. In this regard, we may note the observations of the

Constitution Bench of this Court in Modern Dental College and Research

Centre and others v. State of Madhya Pradesh and others

11

highlighting

need for review of regulatory mechanism for medical admissions and

profession. We also note the observations in Mahipal Singh Rana,

Advocate v. State of Uttar Pradesh

12

with regard to legal profession.

53.Accordingly we direct:

I 1994 AICTE Regulations, do apply to Deemed to be

Universities and the Deemed to be Universities in the present matter

were not justified in introducing any new courses in Technical

Education without the approval of AICTE.

IIInsofar as candidates enrolled during the Academic Sessions

2001-2005, in the present case the ex post facto approvals granted by

UGC and their concerned authorities are set aside.

11

(2016) 7 SCC 353 – Paras 86 to 92, 108 to 111

12

(2016) 6 SCC 335

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IIIConsequent to aforesaid direction No.II, all the degrees in

Engineering awarded by concerned Deemed to be Universities stand

suspended.

IVThe AICTE shall devise the modalities to conduct an

appropriate test/tests as indicated in Para 47 above. The option be

given to the concerned students whose degrees stand suspended by

15.01.2018 to appear at the test/tests to be conducted in accordance

with the directions in Para 47 above. Students be given not more than

two chances to clear test/tests and if they do not successfully clear the

test/tests within the stipulated time, their degrees shall stand cancelled

and all the advantages shall stand withdrawn as stated in Paras 46 and

47 above. The entire expenditure for conducting the test/tests shall be

recovered from the concerned Deemed to be Universities by

31.03.2018.

V Those students who do not wish to exercise the option, shall be

refunded entire money deposited by them towards tuition fee and

other charges within one month of the exercise of such option.

Needless to say their degrees shall stand cancelled and all

advantages/benefits shall stand withdrawn as mentioned in Para 47.

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VIIf the students clear the test/tests within the stipulated time, all

the advantages/benefits shall be restored to them and their degrees

will stand revived fully.

VIIAs regards students who were admitted after the Academic

Sessions 2001-2005, their degrees in Engineering awarded by the

concerned Deemed to be Universities through distance education

mode stand recalled and be treated as cancelled. All benefits secured

by such candidates shall stand withdrawn as indicated in Para 48

above. However, the entire amount paid by such students to the

concerned Deemed to be Universities towards tuition fees and other

expenditure shall be returned by the concerned Deemed to be

Universities by 31.05.2018, as indicated in Para 48.

VIIIBy 31.05.2018 all the concerned Deemed to be Universities

shall refund the sums indicated above in VII and an appropriate

affidavit to that extent shall be filed with UGC within a week

thereafter.

IXWe direct the CBI to carry out thorough investigation into the

conduct of the concerned officials who dealt with the matters and

went about the granting permissions against the policy statement, as

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indicated in Para 49 above and into the conduct of institutions who

abused their position to advance their commercial interest illegally.

Appropriate steps can thereafter be taken after culmination of such

investigation.

X The UGC shall also consider whether the Deemed to be

University status enjoyed by JRN, AAI, IASE and VMRF calls for

any withdrawal and conduct an inquiry in that behalf by 30.06.2018 as

indicated above. If the moneys, as directed above are not refunded to

the concerned students that factor shall be taken into account while

conducting such exercise.

XIWe restrain all Deemed to be Universities to carry on any

courses in distance education mode from the Academic Session 2018-

2019 onwards unless and until it is permissible to conduct such

courses in distance education mode and specific permissions are

granted by the concerned statutory/regulatory authorities in respect of

each of those courses and unless the off-campus Centres/Study

Centres are individually inspected and found adequate by the

concerned Statutory Authorities. The approvals have to be course

specific.

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XIIThe UGC is further directed to take appropriate steps and

implement Section 23 of the UGC Act and restrain Deemed to be

Universities from using the word ‘University’ within one month from

today.

XIIIThe Union of India may constitute a three members Committee

comprising of eminent persons who have held high positions in the

field of education, investigation, administration or law at national

level within one month. The Committee may examine the issues

indicated above and suggest a road map for strengthening and setting

up of oversight and regulatory mechanism in the relevant field of

higher education and allied issues within six months. The Committee

may also suggest oversight mechanism to regulate the Deemed to be

Universities. The Union of India may examine the said report and

take such action as may be considered appropriate within one month

thereafter and file an affidavit in this Court of the action taken on or

before August 31, 2018. The matter shall be placed for consideration

of this aspect on 11.09.2018.

54.Before we part, we express our sincere appreciation for the efforts put

in by Mr. C.A. Sundaram, learned Amicus Curiae. We are extremely

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grateful for the assistance rendered by him. We are also thankful for the

assistance given by all the learned counsel.

55.We thus accept the view taken by the High Court of Punjab and

Haryana at Chandigarh and set aside the decision of the High Court of

Orissa. With the aforementioned observations, appeals are disposed of. No

order as to costs. No orders are called for in Contempt Petition Nos.194-

197/2016 which stands disposed of.

………………………J.

(Adarsh Kumar Goel)

…………………..……J.

(Uday Umesh Lalit)

New Delhi,

November 3, 2017