Summary
Resolving conflicting High Court decisions on engineering degrees awarded through distance education by four deemed universities, the Court held their approvals unlawful. It suspended degrees of students enrolled in 2001–2005 pending competency tests, cancelled those of later entrants, and ordered refunds, investigation and regulatory oversight.
Issues
- Whether deemed universities could introduce distance engineering degrees without AICTE approval and prescribed standards.
- Whether DEC permissions and subsequent approvals validated these programmes.
- What relief should protect affected students and restore regulatory oversight.
Provisions considered
- Sections2(g)–(i) and10, All India Council for Technical Education Act, 1987AICTE controls technical-education standards, including whether engineering can be taught through distance education. (¶¶ 16–17, 36–38)
- Sections5,16 and24, Indira Gandhi National Open University Act, 1985IGNOU’s powers did not authorise DEC independently to regulate other universities’ distance programmes. (¶¶ 14–15, 44)
- Section23, University Grants Commission Act, 1956UGC directed to prevent deemed institutions from using the word University. (¶¶ 42, 51, 53(XII))
Held
- Engineering practicals are integral. Without AICTE guidelines expressly permitting distance engineering degrees, the institutions could not introduce them. Bharathidasan did not authorise departure from technical standards; the deemed institutions entering fields unrelated to their recognised excellence required AICTE approval under the1994 Regulations. (¶ 36–43)
- DEC lacked independent jurisdiction to permit these programmes. The subsequent approvals were superficial, contrary to policy and unsupported by inspections; they could not cure the original illegality. (¶¶ 34–35, 44–45)
- For students enrolled in2001–2005, approvals were set aside and degrees and associated benefits suspended pending AICTE–UGC written and practical tests, with no more than two chances. Passing restores benefits; failure or opting out cancels degrees and career advantages. Those opting out receive refunds; monetary employment benefits already received are not recovered. (¶¶ 46–47, 53(II–VI))
- Degrees of students admitted after2001–2005 were cancelled and career benefits withdrawn, without recovery of past monetary employment benefits. The institutions must refund tuition and course expenditure by31May2018 and report compliance to UGC. (¶¶ 48, 53(VII–VIII))
- CBI investigation into officials and institutions was ordered without a final finding of criminal culpability. UGC must consider withdrawal of the four institutions’ deemed status. From2018–2019 all deemed universities require permissible, course-specific distance-education approvals and individually inspected adequate centres. Further oversight reform was directed. (¶ 49–53)
Result
Punjab and Haryana High Court view accepted; Orissa High Court decision set aside. Appeals and contempt petitions disposed of, subject to testing, cancellation, refund, investigation and regulatory directions; no costs.