Summary
The Court rejected a request by 92 diploma-holder employees to recognise B.Tech. degrees obtained through distance learning at Thapar Institute of Engineering and Technology in 2007–08 and 2008–09 as equivalent to regular degrees. The institute lacked the requisite UGC and AICTE approvals. Its academic standing, campus facilities and provisional DEC recognition did not cure that defect; the exceptional examination opportunity granted to earlier cohorts in Orissa Lift Irrigation did not extend to these petitioners.
Issues
- Whether a deemed university’s standing in engineering exempted its distance-mode B.Tech. courses from regulatory approval.
- Whether provisional DEC recognition or the relief granted to students enrolled in 2001–2005 entitled these petitioners to recognition or an examination opportunity.
Provisions considered
- Paragraphs 4 and 5, UGC Guidelines for Establishing New Departments, Off-Campus Centres and Distance Education Programmes, 2004Specific UGC and DEC approval was mandatory for distance education; the ex post facto provision did not cover courses commenced after the Guidelines. (¶¶ 12, 21)
Held
- Following Orissa Lift Irrigation, AICTE’s control over the standards and mode of technical education required its express approval for distance engineering degrees. The exemption discussed for related regular courses did not authorise distance-mode courses, even at a deemed university with engineering expertise. (¶ 10–15)
- The institute had not obtained prior UGC or AICTE approval. Provisional DEC recognition alone could not validate the courses; for 2008–09 there was not even a renewed provisional recognition. Subsequent correspondence and recommendations did not cure the absence of required approvals. (¶ 19–25)
- The exceptional supervised examination relief in Orissa Lift Irrigation concerned students admitted during academic years 2001–2005. It did not extend to petitioners enrolled in 2007–08 or 2008–09. (¶ 16–18)
- The claim for recognition failed and the writ petition was dismissed without an order as to costs. (¶ 28)
Result
Writ petition dismissed; no order as to costs. Recognition and equivalence of the petitioners’ distance-mode B.Tech. degrees were refused, with no extension of the exceptional examination relief for earlier cohorts.