JAI SINGH AND ORS.versusUNIVERSITY GRANTS COMMISSION AND ORS.

                       [2018] 12 S.C.R. 343                           343


                      JAI SINGH AND ORS.                              A
                                 v.
       UNIVERSITY GRANTS COMMISSION AND ORS.
               (Writ Petition (Civil) No. 905 of 2018)
                      SEPTEMBER 24, 2018                              B
              [ABHAY MANOHAR SAPRE AND
                 UDAY UMESH LALIT, JJ.]
       Universities: Deemed to be University – Whether Deemed to
be University without there being any approval from the AICTE could
                                                                      C
start courses leading to award of Degrees in Engineering through
Open Distance Learning – In the instant case, the petitioners
enrolled themselves in years 2004 and 2005 in courses leading to
award of Degree in Engineering through Open Distance Learning
by respondent no.4-Deemed to be University – Case of petitioners
is completely covered by the decision of *Orissa Lift Irrigation      D
Corporation case, wherein it was held that if the students were
admitted after the academic sessions 2001-2005, their degrees in
Engineering awarded by the Deemed to be University concerned
through Distance Education Mode would be treated as cancelled
and all benefits secured by such candidates would stand withdrawn
                                                                      E
– In view of the said judgment, instant petition is dismissed.
      Dismissing the writ petition, the Court
      HELD: The instant petition is completely covered by the
decision of this Court in *Orissa Lift Irrigation Corporation and
not by the decision of this Court in **Jawaharlal Nehru               F
Technological University. [Para 5] [349-A-B]
      *Orissa Lift Irrigation Corporation Limited v. Rabi
      Shankar Patro and Ors. (2018) 1 SCC 468 – relied on
      Bharathidasan University and Anr. v. All India Council
      for Technical Education and Ors. (2001) 8 SCC 676 :             G
      [2001] 3 Suppl. SCR 253 – referred to
      **Jawaharlal Nehru Technological University v. The
      Chairman and Managing Director, Transmission

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                                 343
344              SUPREME COURT REPORTS                        [2018] 12 S.C.R.


A           Corporation of Telangana Ltd. & Ors. Civil Appeal No.
            3697-3698 of 2018 – held inapplicable
                                Case Law Reference
      (2018) 1 SCC 468                   relied on                 Para 2
B     [2001] 3 Suppl. SCR 253            referred to               Para 2
            CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil)
      No. 905 of 2018
             Under Article 32 of the Constitution of India.
            Soli Sorabjee, Sr. Adv., Praveen Agrawal, Ms. Pushpa Chauhan,
C
      Advs. for the petitioners.
             The Judgment of the Court was delivered by
            UDAY UMESH LALIT, J. 1. Seven petitioners who had enrolled
      themselves in the years 2004 and 2005 in courses leading to award of
D     Degree in Engineering through Open Distance Learning by respondent
      No.4 - Janardan Rai Nagar Rajasthan Vidyapeeth (deemed to be
      University), have filed the present Writ Petition seeking following reliefs:
            i)   Issue a writ of Mandamus or any other suitable Writ directing
                 the Respondents more particularly the Respondent No.2/
E                AICTE to issue a clarification that the degree in technical
                 education granted to the petitioners herein by the Respondent
                 Universities through Open & Distance Learning Mode are
                 valid, do not require AICTE approval, and will be treated at
                 par with corresponding Degrees granted by any traditional
                 University/AICTE recognized Institution in the Country.
F
            ii) Issue a Writ in the nature of Mandamus or any other Writ/
                Direction/Order, commanding the respondents and their men,
                agents and servants not to declare the technical degrees
                obtained by the Writ Petitioners as well as similarly
                circumstanced persons as null.
G
            iii) Issue a Writ in the nature of Mandamus or any other Writ/
                 Direction/Order, declaring the degrees obtained through
                 distance education mode or off campus mode to be valid for
                 all purposes.
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JAI SINGH AND ORS. v. UNIVERSITY GRANTS COMMISSION                              345
           AND ORS. [UDAY UMESH LALIT, J.]

         iv) Issue a Writ in the nature of Certiorari or any other Writ/        A
             Direction/Order, quashing all steps taken by the Respondents
             No. 1 to 7 and their men, agents and servants for declaring
             any degree granted and/or obtained through distance education
             mode as illegal and consequentially declare such steps as
             illegal.
                                                                                B
         v) Issue a Writ in the nature of Certiorari or any other Writ/
             Direction/ Order, calling upon the Respondents to certify and
             produce all necessary records relating to the present case
             and on perusal thereof quash and/or set aside and/or declare
             the same to be illegal.
         vi) Grant an ex-party, ad-interim injunction against the respondents   C
             restraining the respondents to give effect to directions
             contained in Paras 66-66.13 of (2018) 1 SCC 468 titled Orissa
             Lift Irrigation Corporation Limited Vs. Rabi Shankar
             Patro and Ors. till the final adjudication of the present Writ
             Petition.                                                          D
       2. The controversy in question including the issue whether a
Deemed to be University, without there being any approval from the
AICTE, could start courses leading to award of Degrees in Engineering
through Open Distance Learning came up for consideration before
this Court in Orissa Lift Irrigation Corporation Limited vs. Rabi               E
Shankar Patro and Ors. 1 While rejecting the submission that the
Deemed to be Universities were also entitled to similar protection as
was accorded to State or Central Universities in terms of decision of
this Court in Bharathidasan University and anr. vs. All India Council
for Technical Education and Ors.2, following directions were issued
by this Court in Para 66 of its judgment in Orissa Lift Irrigation (supra):     F
       “66. Accordingly, we direct:
       66.1. The 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.                                 G
       66.2. Insofar as candidates enrolled during the academic sessions
       2001-2005, in the present case the ex post facto approvals granted
       by UGC and their authorities concerned are set aside.
1
    (2018)1 SCC 468
2
    (2001)8 SCC 676                                                             H
346      SUPREME COURT REPORTS                          [2018] 12 S.C.R.


A     66.3. Consequent to aforesaid Direction II, all the degrees in
      Engineering awarded by deemed to be universities concerned stand
      suspended.
      66.4. AICTE shall devise the modalities to conduct an appropriate
      test(s) as indicated in para 58 above. The option be given to the
B     students concerned whose degrees stand suspended by 15-1-2018
      to appear at the test(s) to be conducted in accordance with the
      directions in para 58 above. Students be given not more than two
      chances to clear test(s) and if they do not successfully clear the
      test(s) within the stipulated time, their degrees shall stand cancelled
      and all the advantages shall stand withdrawn as stated in paras 57
C     and 58 above. The entire expenditure for conducting the test(s)
      shall be recovered from the deemed to be universities concerned
      by 31-3-2018.
      66.5. Those students who do not wish to exercise the option,
      shall be refunded entire money deposited by them towards tuition
D     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
      58.
      66.6. If the students clear the test(s) within the stipulated time, all
E     the advantages/benefits shall be restored to them and their degrees
      will stand revived fully.
      66.7. As regards students who were admitted after the academic
      sessions 2001-2005, their degrees in Engineering awarded by the
      deemed to be universities concerned through distance education
F     mode stand recalled and be treated as cancelled. All benefits
      secured by such candidates shall stand withdrawn as indicated in
      para 59 above. However, the entire amount paid by such students
      to the deemed to be universities concerned towards tuition fees
      and other expenditure shall be returned by the deemed to be
G     universities concerned by 31-5-2018, as indicated in para 59.
      66.8. By 31-5-2018 all the deemed to be universities concerned
      shall refund the sums indicated above in para 66.7 and an
      appropriate affidavit to that extent shall be filed with UGC within
      a week thereafter.
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JAI SINGH AND ORS. v. UNIVERSITY GRANTS COMMISSION                           347
           AND ORS. [UDAY UMESH LALIT, J.]

    66.9. We direct CBI to carry out thorough investigation into the         A
    conduct of the officials concerned who dealt with the matters and
    went about granting permissions against the policy statement, as
    indicated in para 60 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
                                                                             B
    such investigation.
    66.10. 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 30-6-
    2018 as indicated above. If the moneys, as directed above, are
    not refunded to the students concerned, that factor shall be taken       C
    into account while conducting such exercise.
    66.11. We 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         D
    are granted by the statutory/regulatory authorities concerned in
    respect of each of those courses and unless the off-campus
    centres/study centres are individually inspected and found adequate
    by the statutory authorities concerned. The approvals have to be
    course specific.                                                         E
    66.12. 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.
    66.13. The Union of India may constitute a three-member                  F
    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       G
    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
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348                SUPREME COURT REPORTS                        [2018] 12 S.C.R.


A              this Court of the action taken on or before 31-8-2018. The matter
               shall be placed for consideration of this aspect on 11-9-2018.”
             3. The present petitioners having enrolled themselves in 2004 and
      2005 are covered by directions 66.4 and 66.7. It was stated at the bar
      that they did appear at the examination so conducted by the AICTE.
B            4. It was, however, submitted by Mr. Soli J. Sorabjee, learned
      senior advocate on behalf of the petitioners, inter alia, that the case of
      the petitioners was covered by one time exception granted by this Court
      in the case of Jawaharlal Nehru Technological University vs. The
      Chairman and Managing Director, Transmission Corporation of
C     Telangana Ltd. & Ors.3 decided on 10th April, 2018. Para 2 of said
      decision dated 10th April, 2018 had quoted the earlier order dated 16th
      February, 2018 passed in said matter which brings out the factual
      distinction. Relevant part of said para 2 was as under:
                “On 16.02.2018 the following order was passed:
D                     ‘Permission to file the special leave petition is granted.
                      Learned Attorney General has pointed out that in view of
               the judgment of this Court in “Bharathidasan University & Anr.
               vs. All India Council for Technical Education & Ors.”, (2001)8
               SCC 676, no prior approval of the All India Council for the Technical
E              Education (AICTE) is required by the petitioner – University for
               starting engineering courses.
                     The petitioner-University is a State University and it gave
               admissions in transparent manner only to the Government
               Employees. There was a contact programme and faculty was
F              available. Practical work also held. DEC gave ex-post facto
               approval. The standards have not been compromised. ……….”
            5. Jawaharlal Nehru Technological University being a State
      University was completely covered by the decision of this Court in
      Bharathidasan (supra) and as such reliance on the decision in
G     Jawaharlal Nehru Technological University (supra) case would not
      be of any assistance to the petitioners. Mr. Sorabjee learned senior
      advocate further relied upon certain documents including ex-post facto
      approvals which aspects have already been noticed and dealt with in the
      judgment of this Court in Orissa Lift Irrigation (supra). We, therefore,
      3
H         Civil Appeal No. 3697-3698 of 2018
JAI SINGH AND ORS. v. UNIVERSITY GRANTS COMMISSION                                349
           AND ORS. [UDAY UMESH LALIT, J.]

see no reason to take a different view in the matter. The present petition        A
is completely covered by the decision of this Court in Orissa Lift
Irrigation (supra) and not by the decision of this Court in Jawaharlal
Nehru Technological University (supra).
       6. This petition, thus, is devoid of any merits and is dismissed.
                                                                                  B
Devika Gujral                                          Writ petition dismissed.




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