Delhi High Court - Orders
Rajendra Prasad Rai & Ors vs University Grants Commission & Ors on 1 November, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13657/2021
RAJENDRA PRASAD RAI & ORS. ..... Petitioners
Through: Mr.D.Abhinav Rao, Mr.Rahul Jajoo,
Mr.Devaditya Das and Ms.Prerna Robin,
Advocate.
Versus
UNIVERSITY GRANTS COMMISSION & ORS. ..... Respondents
Through: Mr.Apoorv Kurup and Ms.Gauri
Gopurdhun, Advocates for R-1.
Mr.Farman Ali, SPC with Ms.Usha Jamnal,
Advocate for R-2.
Mr.Anil Soni, SC with Mr.Devvrat Yadav,
Advocate for R-3.
Ms.Aanchal Mullick, Advocate for R-4.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 01.11.2023
1. The petitioner in the instant petition has prayed for the following reliefs:-
"A. Issue a Writ of Mandamus or any other suitable Writ directing the Respondents more particularly the Respondent No. 1 / UGC to issue a clarification that the technical education Degrees granted to the Petitioners herein by Birla Institute of Technology & Science, Pilani through its Work Integrated Learning Programme are valid, do not require AICTE approval and be treated at par with corresponding degrees in courses offered on-campus by leading technical university/ recognized institutions in the country; and B. Pass such other order/orders as this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case."
2. Upon issuance of notice, respondent no.1-UGC and respondent no.3- AICTE have filed their counter-affidavits.
This is a digitally signed order.
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3. Paragraph nos.6(x), (xi) and 7 of the counter-affidavit filed by respondent no.1-UGC read as under:-
"x. That recommendations of the EEC with respect to WILP programme offered by BITS, Pilani was placed before the Commission in its meeting held on 09.09.2020 wherein it was decided as follows:-
"The Commission considered and approved the recommendations of the EEC to allow, BITS, Pilani to continue with its WILP Programme. However, BITS Pilani will have to strictly comply with the UGC guidelines in this regard "
A copy of the Minutes of the 548th Meeting of the University Grants Commission held on 09.09.2020 is annexed herewith and marked as ANNEXURE Rl/6.
xi. That, accordingly, the Answering Respondent vide letter dated 22.09.2020 communicated the recommendations of the EEC in respect of WILP to the Ministry of Education in the Government of India. A copy of the letter dated 22.09.2020 issued by the Answering Respondent to the Ministry of Education in the Government is annexed herewith and marked as ANNEX:URE RJ/7.
7. That, as such, the WILP run by BITS Pilani has been allowed to continue with the condition(s) that the programme shall be subject to the guidelines issued by UGC from time to time."
4. Respondent no.3-AICTE has taken the following stand in paragraph nos.6 to 8 of the counter-affidavit filed by them:-
"6. It is submitted that the Petitioners have obtained Master Degree in Software Systems (M. Tech) from BITS Pilani through Work Integrated Learning Programme (WILP) during the Academic Year 2015-17, 2016-18, 2014-17 and 2016-18 respectively.
7. It is submitted that the BITS Pilani being Deemed University prior to 2018 did not require the approval of the Answering Respondent for conducting technical courses. However after the Judgment dated 03.11.2017 pronounced by the Hon'ble Supreme Court in Orissa Lift irrigation Corporation Ltd vs Rabi Shankar Patro & Others, all the Deemed to be Universities are required to take the approval of the Answering Respondent. Keeping in view, the aforesaid directions of the Hon' ble Apex Court, the Answering Respondent had already notified the procedure/guidelines as to which category of Deemed to be Universities are required to get the approval of the Answering Respondent for the conduct of which courses/programs in the year This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/11/2023 at 23:55:50 -3- 2020.
8. It is submitted that the BITS Pilani as such did not require the approval of the Answering Respondent during the Academic Years between 2015-18 for conducting technical courses including M. Tech under its Work Integrated Learning Program (WILP)."
5. Learned counsel appearing on behalf of respondent no.3-AICTE has also placed on record a communication dated 24.06.2022, issued by the Government of India, Ministry of Education, which reads as under:-
"I am directed to refer to your emails dated 09.06.2022 and 14.06.2022 regarding the Writ Petition (c) 13657/2021 to convey the comments of this Ministry as below for filing of the counter affidavit in the matter. i. BITS-Pilani has been notified as an Institutions of Eminence Deemed to be University vide Ministry's Notification dated 14.10.2020 and is governed by the UGC (Institutions of Eminence Deemed to be Universities) Regulations, 2017.
ii. The Empowered Experts Committee (EEC) which was set up as per the regulatory architecture of the World Class Institutions Scheme had examined the matter in its meeting dated 24.07.2020. It had considered the report of the UGC Expert Committee and allowed the WILP program to be continued keeping the benefits of the programme in mind. iii. The EEC was also of the view that the recommendations of the committee formed by the UGC should be treated as guidelines by BITS, Pilani for running the WILP courses. This was also resolved by the UGC in its 548 meeting dated 09.09.2020 with the instruction that BITS. Pilani will have to strictly comply with the UGC guidelines in this regard as and when issued iv. The above facts along with a copy of the report of the UGC's committee were forwarded to BITS. Pilani vide Ministry's letter F.No. 11/7/2018-U3(A) dated 01.10.2020.
2. Further, the Ministry of Education appears to be only a pro-forma party in the instant case as nowhere in the WP have any communication/letter/ order of the Ministry been challenged and hence, no action seems to be warranted at our end."
6. A joint reading of the averments made by respondent no.1-UGC and respondent no.3-AICTE indicates that there is no reason to apprehend that courses under the concerned programme i.e. Work Integrated Learning This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/11/2023 at 23:55:51 -4- Programme (WILP) can be treated to be invalid.
6. Since respondent-no.1-UGC does not grant any certification for validation of the concerned course and respondent no.3-AICTE has unequivocally stated that the concerned course does not require any approval by them, no further adjudication is necessary in view of the stand taken by respondent no.1-UGC and respondent no.3-AICTE.
7. Accordingly, the instant petition stands disposed of.
PURUSHAINDRA KUMAR KAURAV, J NOVEMBER 1, 2023/MJ/RG This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/11/2023 at 23:55:51