ORISSA LIFT IRRIGATION CORP. LTD.versusRABI SANKAR PATRO & ORS.

                         [2018] 1 S.C.R. 839                              839


             ORISSA LIFT IRRIGATION CORP. LTD.                            A
                                  v.
                 RABI SANKAR PATRO & ORS.
                   (M.A. Nos. 1795-1796 of 2017)
                                  IN                                      B
              (Civil Appeal Nos. 17869-17870 of 2017 )
                        JANUARY 22, 2018
[ADARSH KUMAR GOEL AND UDAY UMESH LALIT, JJ.]
                                                                          C
      Education/Educational Institutions:
       Engineering degree – Acquired through Distance Education
mode – From deemed to be University – Held by Supreme Court
order dated 3.11.2017 that the award of degrees were illegal and
opposed to law as it was without the approval of the competent
Authority – However, the Court taking a sympathetic view in the           D
interest of students who were enrolled during the academic sessions
2001-2005, suspended their degrees till they pass the examination/
test held by Competent Authority – Applications/Petitions filed by
students for modification and clarification of the order dated
3.11.2017 – They inter alia sought that the test should be exempted       E
for those who had got into new service through direct recruitment
on the basis of such degree or acquired higher qualification on the
basis of such degree and also for those whose ability was further
tested by renowned institutions – They also sought that the test should
not be applicable for ‘Diploma’ and ‘Masters degree’ – Held:
Validity of courses leading to ‘Diploma’ was not the subject matter       F
of the judgment dated 3.11.2017 – However, the courses leading to
award of degrees, whether graduate or post-graduate degrees, was
certainly the matter in issue – The infirmities in the degrees are
basic and fundamental, and therefore, test cannot be exempted –
However, as a one time relaxation, all such candidates, who wish to       G
appear in test in terms of the judgment, can retain the degree in
question and all the advantages flowing therefrom till one month
after the declaration of the result of such test or till 31.7.2018
whichever is earlier – If the candidates pass in such first attempt,
they would be entitled to retain all advantages – But if they fail or
                                                                          H
                                 839
840            SUPREME COURT REPORTS                       [2018] 1 S.C.R.


A     choose not to appear in the test, the degrees and all advantages
      shall stand suspended and withdrawn – They will be entitled to
      appear on the second occasion in terms of the judgment, but this
      exception shall not apply for such second attempt – Applications/
      petitions disposed of.
B           CIVIL APPELLATE JURISDICTION : M. A. Nos. 1795-1796
      of 2017 in Civil Appeal Nos. 17869-17870 of 2017.
            From the Judgment and Order dated 26.02.2010 in Writ Petition
      (C) No. 3848 of 2010 and final Judgment and order dated 15.03.2012 in
      Review Petition No. 58 of 2012 of the High Court of Orissa at Cuttack.
C                                    WITH
            Diary No(s).39667/2017
            IA 138802/2017 in C.A. No.17870/2017)
            MA 1807-1808/2017 in C.A. No. 17869-17870/2017
            MA 1797-1798/2017 in C.A. No. 17869-17870/2017
D
            MA 1799-1800/2017 in C.A. No. 17869-17870/2017
            MA 1801-1802/2017 in C.A. No. 17869-17870/2017
            MA 1803-1804/2017 in C.A. No. 17869-17870/2017
            MA 1805-1806/2017 in C.A. No. 17869-17870/2017
E           MA 1864-1865/2017 in C.A. No. 17869-17870/2017
            MA 1866-1867/2017 in C.A. No. 17869-17870/2017
            MA 1870-1871/2017 in C.A. No. 17869-17870/2017
            MA 1868-1869/2017 in C.A. No. 17869-17870/2017
            MA 1872-1873/2017 in C.A. No. 17869-17870/2017
F
            MA 11-12/2018 in C.A. No. 17869-17870/2017
            MA 1874-1875/2017 in C.A. No. 17869-17870/2017
            MA 1876-1877/2017 in C.A. No. 17869-17870/2017
            Diary No(s). 42444/2017
G           IA 487/2018 in C.A. No.17870/2017)
            MA 5-6/2018 in C.A. No. 17869-17870/2017
            Diary No(s).356/2018
            IA 1080/2018 in C.A. No.17870/2017)
            MA 17-18/2018 in C.A. No. 17869-17870/2017
H
   ORISSA LIFT IRRIGATION CORP. LTD. v. RABI SANKAR                          841
                     PATRO & ORS.

      MA 13-14/2018 in C.A. No. 17869-17870/2017                             A
      MA 15-16/2018 in C.A. No. 17869-17870/2017
      Writ Petition (Civil) No. 1233 of 2017
      M.A. No. 38 of 2018 in C.A. No.17907/2017
       Maninder Singh, ASG, V. Mohana, V. Giri, Ms. Meenakshi Arora,
                                                                             B
Kapil Sibal, Dhruv Mehta, Mahabir Singh, R. S. Suri, Vikramjit Banerjee,
Sr. Advs., Apoorv Kurup, Vikas Singh Jangra, A. C. Boxipatro, Prabhas
Bajaj, Ms. Nidhi Mittal, Ms. Swarupama Chaturvedi, Anmol, Ms. Kirti
Dua, G. S. Makker, Anmol Chandan, Mohan Prasad Gupta, Ms. Rukmini
Bobde, Ms. Ranjeeta Rohatgi, Ms. Samten Doma, Ms. Pragya
Baghel, Ms. Madhusmita Bora, Ms. Supriya Chattopadhyay, Rajesh Singh,        C
Rabin Majumdar, P. S. Sudheer, Rishi Maheshwari, Bharat Sood, Ayush
Anand, Shubhendu Anand, Anupam Lal Das, Anirudh Singh, Krishanu
Barua, Dr. Rajeev Dhavan, Deepak Kanwar, Sudarshan S. Rawat, Sudhir
Kumar, Harish Pandey, Gaurav Sharma, Manish Kumar, Rakesh Tiwari,
U. C. Mohanty, Kumar Gaurav, A. K. Tandale, Vijay K. Jain, Advs. for
                                                                             D
the appearing parties.
      The Order of the Court was delivered by
        UDAY UMESH LALIT, J. 1. These applications have been
preferred seeking clarification and modification of directions issued by
this Court in its Judgment and Order dated 03.11.2017 (“the judgment”        E
for short) in Civil Appeal Nos.17869-17870 of 2017. Various directions
were issued in the judgment and more particularly in paragraph No.53
of the judgment. The gist of the applications and the contentions advanced
by the learned counsel were as follows:-
  A] M.A. Nos. 1795-1796 of 2017 in CIVIL APPEAL
                                                                             F
     Nos.17869-17870 of 2017 (I.A. No.138771 of 2017)
     MA 1797-1798/2017 in C.A. No. 17869-17870/2017 (I.A.
     No.138778 of 2017)
      MA 1799-1800/2017 in C.A. No. 17869-17870/2017(I.A.
     No.13890 of 2017)
                                                                             G
     MA 1801-1802/2017 in C.A. No. 17869-17870/2017 (I.A.
     No.138791 of 2017)
     MA 1803-1804/2017 in C.A. No. 17869-17870/2017 (I.A.
     No.138793 of 2017)
     MA 1805-1806/2017 in C.A. No. 17869-17870/2017(I.A.
     No.138795 of 2017)                                                      H
842            SUPREME COURT REPORTS                          [2018] 1 S.C.R.


A           The applicants, holding diplomas in Engineering, enrolled
      themselves in 2005 in courses leading to award of B.Tech degree offered
      by Deemed to be University in question through distance learning mode.
      Later, on the basis of the degrees awarded by the Deemed to be
      Universities, they underwent independent selection undertaken by Union
      Public Service Commission and entered certain services as direct recruits
B
      and have presently either been engaged in the same service or have
      advanced in career on the basis of such selection by UPSC.
             Mr. V. Giri, learned Senior Advocate submitted that the controversy
      in the judgment was principally concerning the cases of in-service
      candidates who were initially employed as diploma holders but while in
C     service had been awarded degrees in Engineering by Deemed to be
      Universities in question through distance learning mode; and that this
      Court was not called upon to consider cases where such degrees
      themselves became the foundation for a subsequent employment or
      selection and further advancement in career. He further submitted that
D     an exception be made in favour of such candidates whose qualifications
      were independently considered by an authority such as UPSC and were
      selected through competitive selection process and in any case, even if
      the Judgment were to apply to such candidates, the suspension of their
      degrees and all advantages flowing therefrom till they pass the test as
      indicated in the judgment ought not to be insisted upon. He submitted
E     that unlike in-service candidates who may not be losing their jobs, such
      candidates, who had independently undergone fresh selection and were
      directly appointed would lose their jobs completely and even if they were
      to successfully pass the test conducted by AICTE, restoration of their
      original position and jobs would itself become a difficult proposition.
F       B]    M.A. Nos.13-14/2018 in C.A. No.17869-17870 of
              2017(I.A. No.991 & 994 of 2018
              M.A. Nos.15-16/2018 in C.A. No.17869-17870 of
              2017(I.A. No.1019 of 2018

G           The applicants had completed B.Tech courses in Computer Science
      through distance education mode in 2004. According to them, instructions
      were imparted in ITM International and they were awarded degrees by
      Allahabad Agricultural Institute, Deemed to be University. Later they
      acquired degrees in M.Tech and other qualifications based on such
      B.Tech degree and have thereafter advanced in career.
H
   ORISSA LIFT IRRIGATION CORP. LTD. v. RABI SANKAR                           843
         PATRO & ORS. [UDAY UMESH LALIT, J.]

       Ms. Meenakshi Arora, learned Senior Advocate while adopting            A
the submissions of Mr. V. Giri, learned Senior Advocate submitted that
ITM International is an Institution of repute and no infirmity could be
attributed to their degrees. Further, her clients in any case had undergone
further selection process where knowledge of the candidates was
independently tested and they were appointed in others posts.
                                                                              B
  C]    Diary No.356 of 2018 in C.A. No.17869-17870 of 2017 (I.A.
        No.1080 of 2018)
        M.A. Nos.17-18 of 2018 in C.A. No.17869-17870 of 2017
        (I.A. Nos.1049 and 1054 of 2018
       The candidates had acquired first degrees in Engineering from a        C
regular and approved Institution and as such their first degrees are not
invalid or irregular on any count. However, these candidates had later
acquired Master’s degrees in Engineering from Deemed to be Universities
through distance education mode.
       Mr. Kapil Sibal, learned Senior Advocate invited our attention to      D
the advertisement issued by AICTE in which all candidates including
those who had secured Master’s degrees in Engineering from Deemed
to be Universities in question through distance education mode were
also required to appear at the test. In his submission this Court was
principally concerned with first degrees in engineering which were            E
acquired through distance education mode and not the Master’s degrees.
He further submitted that those candidates who had acquired such
Masters’ Degrees in engineering were not covered by the judgment.
  D] M.A. Nos.1866-67/2017 in C.A. Nos.17869-17870 of 2017
     (I.A. Nos.141892 of 2017                                                 F
        M.A. Nos.1868-1869/2017 in C.A. Nos.17869-17870 of
        2017 (I.A. Nos.141912 of 2017
        M.A.Nos.1872-73/17 in C. A. Nos.17869-17870 of 2017
        (I.A. Nos.141948 of 2017 ON IA 516/2018 ON IA516/
        2018                                                                  G
      The applicants were awarded diplomas in Engineering through
distance education mode by the concerned Deemed to be Universities.
       Mr. Dhruv Mehta, learned Senior Advocate invited our attention
to paragraphs 34 and 46 of the Judgment and submitted that this Court
                                                                              H
844            SUPREME COURT REPORTS                          [2018] 1 S.C.R.


A     was concerned with courses leading to degrees of Engineering and not
      to diplomas and as such rigor of the Judgment ought not to apply to pure
      and simply diploma holders. In his submission, the public notice issued
      by AICTE was beyond the scope of the matter.
        E]    Diary No.39667 of 2017 in C. A. No.17869-17870 of 2017
B             (I.A. No.138802 of 2017)
              M.A. No.1807-1808 of 2017 in C. A. No.17869-17870 of
              2017 (I.A. Nos.138799 of 2017
              Diary No.42444 of 2017 in C.A. Nos.17869-17870 of 2017
              (I.A. No.487 of 2018
C
              M.A. Nos.5-6 of 2018 in C.A. No.17869-17870 of 2017
              (I.A. No.511 of 2018
            In the present case, the applicants had enrolled themselves in
      courses offered by Vinayaka Missions Research Foundation (VMRF)
D     through distance education mode.
             Mr. Anupam Lal Das, learned Advocate submitted that as is
      evident from the affidavit of Mr. Ved Prakash, Chairman, UGC as
      extracted in the judgment, VMRF was granted Deemed to be University
      status for its excellence in subjects including engineering and technology
      unlike other Deemed to be Universities, namely, JRN, IASE and AAI.
E
      He invited our attention to Paragraphs 21, 34 and 39 of the judgment and
      submitted that the case of VMRF stood on a different footing and the
      courses offered by VMRF were not in any way found to be on the
      wrong side.
        F]    M.A. Nos.1874-1875/2017 in C.A. No.17869/2017 (I.A.
F
              No.141960 of 2017)
              M.A. Nos.1876-1877/2017 in C.A. No.17869/2017 (I.A.
              No.141971/2017
           These applicants after being awarded degrees in Engineering by
G     Deemed to be Universities through distance education mode had
      completed their post-graduate courses.
            While adopting submissions of Mr. V. Giri and Ms. Meenakshi
      Arora, learned Senior Advocates, Mr. R.S. Suri, learned Senior Advocate
      submitted that some weightage be given to the higher qualifications
H     acquired by candidates.
   ORISSA LIFT IRRIGATION CORP. LTD. v. RABI SANKAR                           845
         PATRO & ORS. [UDAY UMESH LALIT, J.]

  G]    M.A. Nos.11-12/2018 in C.A. Nos.17869-17870 of 2017                   A
        (I.A. Nos.972/ 2017, 644/2018, 645/2018 and 973/2018
       The applicants had acquired degrees in Mining Engineering through
distance education mode and have advanced in their career in NMDC,
a Statutory Corporation.
       Mr. Vikramjit Banerjee, leaned Senior Advocate submitted that          B
their ability was tested by said organization and his clients be exempted
from appearing in examination.
  H] Writ Petition Civil No.1233 of 2017
       These applicants were awarded degrees in Engineering through           C
distance education mode by Deemed to be Universities in question. It is
stated that most of the applicants have joined Private, Corporate and
Government services and some of them are in Corporate jobs and even
in Foreign Countries. Some of them are stated to have obtained M.Tech
and further degrees and have advanced in life.
                                                                              D
      Mr. Ranajit Kumar, Mr. P.N. Mishra and Mr. Huzefa Ahmadi,
learned Senior Advocates, appearing for the applicants advanced
submissions on lines similar to the submissions advanced by Mr. V. Giri,
Ms. Arora and Mr. Sibal.
  I] M.A. No. 38 of 2018 in C.A. No.17907/2017
                                                                              E
       The applicant, IASE, Deemed to be University seeks clarification
that the judgment applied only to courses leading to degrees in Engineering
awarded by Deemed to be Universities through distance education mode
and that diploma courses are not covered by the judgment.
      Mr. M.L. Verma, learned Senior Advocate invited our attention to        F
the advertisement issued by AICTE. His submissions on the issue in
question are on lines similar to the submissions advanced by Mr. Dhruv
Mehta, learned Senior Advocate.
     2. We also heard Mr. Maninder Singh, learned Additional Solicitor
General who appeared on behalf of AICTE.                                      G
      3. It is true, as is evident from paragraphs 34 and 46 of the
judgment that the controversy in the present case pertained to validity of
degrees in Engineering conferred by the Deemed to be Universities
through distance education mode and this Court was not called upon to
consider validity of diplomas conferred by such Deemed to be                  H
846             SUPREME COURT REPORTS                            [2018] 1 S.C.R.


A     Universities. However the advertisement issued by AICTE covers
      diploma courses as well. We therefore accept the submissions advanced
      by Mr. Dhruv Mehta and Mr. M. L. Verma, learned Senior Advocates
      and clarify that validity of such courses leading to diplomas was not the
      subject matter of the judgment.
B           4. At the same time, courses leading to award of degrees, whether
      graduate or post graduate degrees, was certainly the matter in issue.
      We therefore reject the submission of Mr. Kapil Sibal, learned Senior
      Advocate and do not find any infirmity in the understanding of and the
      advertisement issued by AICTE.
C              5. Mr. Anupam Lal Das, learned Advocate is right that JRN, AAI
      and IASE had no expertise in the field or subjects of Engineering and
      the status of Deemed Universities conferred on them was not because
      of their excellence in the field of Engineering. As against these three
      Deemed to be Universities, the case of VMRF stood on a better footing
      as its field of activity and excellence also included subjects in Engineering.
D     However that was not the only basis of the judgment. The facts still
      remain that conferral of degrees in Engineering through distance
      education mode was never approved in principle by AICTE and the
      Study Centres were never inspected or approved. We therefore reject
      the submission of Mr. Anupam Lal Das, learned Advocate.
E            6. If award of degrees in Engineering through distance education
      mode by Deemed to be Universities, as a concept or principle was not
      accepted by AICTE, it is immaterial whether the Study Centre in question
      was ITM International. Said Institution was not by itself authorized to
      award degrees in Engineering on its own nor was it affiliated to any
F     State or Central University at the relevant time. The courses conducted
      by said institution led to award of degrees of AAI, which had no expertise
      or excellence in the field of Engineering and through distance education
      mode. We therefore reject the submission advanced by Ms. Meenakshi
      Arora, learned Senior Advocate.

G            7. We now turn to the general submission advanced by all the
      learned counsel that the candidates after securing the degrees in
      Engineering through distance education mode, have advanced in career
      and that their ability was tested at various levels and as such requirement
      of passing the examination in terms of the judgment be dispensed with in
      their case. We cannot make any such exception. The infirmity in their
H     degrees is basic and fundamental and cannot be wished away. At the
   ORISSA LIFT IRRIGATION CORP. LTD. v. RABI SANKAR                               847
         PATRO & ORS. [UDAY UMESH LALIT, J.]

same time, we find some force in their submission that if the suspension          A
of their degrees and all advantages were to apply as indicated in the
judgment, the concerned candidates may lose their jobs and even if they
were to successfully pass the test, restoration of their jobs and present
position would pose some difficulty.
      We, therefore, as a one-time relaxation in favour of those                  B
candidates who were enrolled during the academic years 2001-2005
and who, in terms of the judgment, are eligible to appear at the test to be
conducted by AICTE, direct:-
  a]    All such candidates, who wish to appear at the forthcoming test
        to be conducted by AICTE in May-June 2018 and who exercise                C
        option to appear at the test in terms of the judgment, can retain
        the degrees in question and all the advantages flowing therefrom
        till one month after the declaration of the result of such test or till
        31.07.2018 whichever is earlier.
  b]    This facility is given as one-time exception so that those who
                                                                                  D
        have the ability and can pass the test in the first attempt itself,
        should not be put to inconvenience. If the candidates pass in
        such first attempt, they would be entitled to retain all the
        advantages. But if they fail or choose not to appear, the directions
        in the judgment shall apply, in that the degrees and all advantages
        shall stand suspended and withdrawn. At the cost of repetition,           E
        it is made clear that no more such chances or exceptions will be
        given or made. They will undoubtedly be entitled to appear on
        the second occasion in terms of the judgment but this exception
        shall not apply for such second attempt.
  c]    We direct AICTE to conduct the test in May-June 2018 and                  F
        declare the result well in time, in terms of our directions in the
        judgment and this Order. AICTE shall however extend the time
        to exercise the option to appear at the test suitably.
      8. Except for the directions given in the preceding paragraph i.e.
paragraph 7 and the clarification as regards courses leading to award of
                                                                                  G
diplomas as mentioned hereinabove, we reject all the other submissions.
       9. All applications, petitions and writ petitions stand disposed of
in aforesaid terms. No costs.


Kalpana K. Tripathy                                        Matters disposed of.   H