Central Administrative Tribunal - Allahabad
Shri Narayan Das vs M/O Defence on 14 July, 2023
OA No. 1439 of 2016
(Reserved on 05.07.2023)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Allahabad this, the 14th day of July, 2023
Original Application No. 330/01439/2016
Hon'ble Mr. Justice Om Prakash VII, Member (Judicial)
Hon'ble Mr. Mohan Pyare, Member (Administrative)
Shri Narayan Das, S/o Shri Raghubar, aged about 43 years, STA
"B", presently posted at Works & Estate Division, Defence Material
& Stores Research & Development Establishment, Kanpur, Son of
Raghubar, Resident of Mohalla Ludhiyani Pura, P.O. - Rath,
District - Hamirpur.
....Applicant
By Advocate: Shri Anil Kumar Singh
Shri Jaswant Singh
Shri D.K. S. Chandel
VERSUS
1. The Union of India through Secretary, South Block,
Ministry of Defence.
2. CCE (R and D) North, Defence Research & Development
Organization, Rao Tula Ram Marg, Delhi.
3. Director, Defence Material & Stores Research &
Development Establishment. P.O., G.T. Road, Kanpur.
4. Dy. Secretary, University Grants Commission,
Bahadursha Zafar Marg, New Delhi.
......Respondents
By Advocate: Shri M.P. Mishra
Page 1 of 19
OA No. 1439 of 2016
ORDER
By Hon'ble Mr. Mohan Pyare, Member (Administrative) Shri Anil Kumar Singh and Shri D.K.S. Chandel, learned counsel for the applicant and Shri M.P. Mishra, learned counsel for the respondents are present.
2. By means of this OA, the applicant has sought the following reliefs :
" (i) To quash the impugned order dated 29.09.2016 (Annexure-
1 to Compilation No.1) passed by Respondent No.3/Director, Defence Material & Stores Research & Development Establishment, Kanpur.
(ii) Issue order or direction to the respondent No.3/Director Defence Material & Stores Research & Development Establishment, Kanpur to reconsider the case of the applicant after perusing all the documents of the applicant and after providing personal hearing to the applicant.
(ii) Issue any other order or direction as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
(iii) Award cost of the Original Application in favour of the applicant."
3. The brief facts of the case are that the applicant was appointed on the post of Helper in the Office of Chief Construction Engineer (R&D) North, New Delhi under Ministry of Defence. On 03.01.2012, while the applicant was working as Technician "A" addressed the respondent No.3 to permit him to join Diploma Electrical Course by distance mode from Gyan Devi Institute of Page 2 of 19 OA No. 1439 of 2016 Management and Technology Kakadeo Kanpur recognized by Rajasthan Vidyapeeth University. In a letter dated 19.01.2012 the applicant was allowed to pursue the course with the following conditions :
"उपर्यक् ु त संदर्भुत पत्र के संबंध में सचू ित ककर्ा जाता है कक सक्षम प्राचधकारी द्वारा आपको निम्िर्िखित शतों के आधार पर इिैक्ट्क्िकि इंजीनिर्ररंग में डिप्िोमा दरू स्थ र्शक्षा के माध्र्म द्वारा GYANDEVI INSTITUTE OF MANAGEMENT & TECHNOLOGY RECOGNISED BY RAJASTHAN VIDYA PEETH (DEEMED) UNIVERSITY से व्र्क्ट्क्तगत छात्र के रूप में करिे की अियमनत प्रदाि की जाती है :-
1. उक्त कोसु के अध्र्र्ि हे तय सरकार, आपके ककसी प्रकार के ििु का भार वहि िहीं करे गी।
2. उक्त कोसु हेतय ककसी प्रकार के अवकाश की स्वीकृनत प्रदाि िहीं की जाएगी।
3. उक्त कोसु हेतय र्मिी अियमनत ककसी भी समर् बबिा कोई कारण ददए निरस्त/समाप्त की जा सकती है।
4. उक्त कोसु की अवचध के दौराि र्दद आपका स्थािांतरण ककसी अन्र् प्रर्ोगशािा/स्थापिा में होता है तो आप कोसु के एवज में ककसी प्रकार की कदििाई की र्शकार्त िहीं करें गे।
5. आपको र्ह सनय िक्ट्चित करिा होगा कक आपका उक्त कोसु में अध्र्िस्त होिा, आपके कार्ु एवं आपको दी गई क्ट्जम्मेदाररर्ों के मध्र् बाधक ि बिे।
6. आप र्ह सयनिक्ट्चित करिेँ कक उपरोक्त कोसु तथा र्शक्षा संस्थाि को शासकीर् निर्मों के अंतगुत मान्र्ता प्राप्त है र्ा िहीं। इस कार्ाुिर् द्वारा अियमनत प्रदाि करिे से र्ह स्वत: सयनिक्ट्चित िहीं हो जाता कक DRTC निर्मों के अंतगुत पदोन्िनत र्ा सीधी भती के र्िए आपके द्वारा ककर्े गर्े कोसु को मान्र्ता दे दी गई है ।"
The applicant after taking admission, carried out studies and appeared in the examination and was declared successful. The applicant addressed respondent No.3 for recording the above Page 3 of 19 OA No. 1439 of 2016 certificate of Diploma in Engineering in his service book, which was forwarded by Senior Account Officer -I. An advertisement No.97/AD for recruitment through LDCE in the grades of Senior Technical Asstt "B" (STA'B') and Technician 'A' for the block year 2014 under DRTC Rules were published on 17.09.2014. The applicant sought permission from Respondent No.3 to appear in the above LDCE on 19.07.2014 and the permission was granted to applicant to appear in the LDCE. The examination was held on 29.10.2014 and the applicant was selected in the examination. The applicant received a letter dated 27.11.2014 offering appointment to the post of STA'B' with the following conditions :-
" The appointment is temporary and he will be on probation for a period of two years from the date of assumption of charge of higher appointment and other terms and condition as per appointment letter."
The applicant joined the post of STA 'B' on 28.11.2014. On 22.12.2014, the respondents addressed a letter to Vice Chancellor, JRN Rajasthan Vidyapeeth (deemed to be) University, Udaipur, Rajasthan regarding recognition of Diploma in Electrical Engineering awarded by Institution to applicant. The Janardan Rai Nagar Rajasthan Vidyapeeth (deemed University, Udaipur) sent the following reply :-
"1. That the Rajasthan Vidyapeeth Deemed University Udapur was declared a deemed to be University by the Page 4 of 19 OA No. 1439 of 2016 Central Government on the advice of the U.G.C. under Section 3 of the UGC Act 1956 and notified as such in the official gazette on 12th January, 1987. (Letter enclosed).
2. The Distance Education Council vides its letter no.DEC/CCI/2001/4614 dated 26.09.2001 directed University to offer distance education programme.
3. That UGC vide its letter no.F.6-3 (Centre)/2003 (CPP- I) dated July 3rd 2006 granted Ex-post-facto approval for the students admitted under the distance education mode by the University from 1st June 2001 to 31st August 2005.
4. Ministry of HRD, Government of India wrote that all degrees/diplomas awarded by deemed to be Universities established by an Act of Parliament or State Legislature, Institutions deemed to be Universities under Section 3 of the U.G.C. Act 1956 and Institutions of National Importance declared under an Act of Parliament, stand automatically recognized for purposes of employment under the Central Government.
5. Narayan Das S/o Raghubar Dayal, Enrollment no.
DE11260817 has passed Diploma in Electrical Engineering (Lateral Entry) from Janardan Rai Nagar Rajasthan Vidyapeeth (D) University through distance education. The information given in provisional certificate (Sr. no.76226) is verified from the record and found to be genuine." Page 5 of 19 OA No. 1439 of 2016 They have also enclosed the approval received from the various competent authorities. The respondent No.3 in a letter dated 20.07.2015 addressed a letter to applicant mentioning that the Diploma course undertaken by the applicant does not appear to be recognized for promotion/recruitment under DRTC and wanted to submit his reply within 15 days with authentic documents to establish the veracity of his Diploma degree. The applicant replied giving full justification of his degree and its veracity in a letter dated 30.07.2015. The respondents without going through the documents, terminated the provisional appointment of the applicant for the post of STA'B' from the date of provisional appointment. The respondents concluded that Engineering Diploma acquired by the applicant from Janardan Rai Nagar Rajasthan Vidyapeeth (deemed University), Udaipur through Gyan Devi Institute of Management and Technology does not have due recognition from apex bodies, and the applicant does not have requisite minimum qualification for the post under DRTC norms. Hence, his appointment to the post of STA'B' is terminated from the date of his appointment i.e. 28.11.2014 and the applicant is reverted to post of Technician 'A' from the same date, in a letter dated 29.09.2016. The above order of respondent No.3 is unreasonable and has been relied on certain communication with the competent body i.e. Joint Committee of UGC/AICTE/DEC, whereas he has completely ignored the documents regarding the approval by DEC provided by the applicant. Relied upon document by respondent No.3 was not Page 6 of 19 OA No. 1439 of 2016 given to the applicant and he was not provided any opportunity of hearing which is in violation of principles of natural justice. Diploma in Electrical Engineering was duly recognized by UGC as well as DEC. In the impugned order in para 5 it is mentioned that the Institute does not have recognition from apex body but no such letter was provided to the applicant. The applicant prayed for providing the documents relied upon while passing the impugned order which was not provided. One Shri Satish Kumar who has obtained Diploma in Mechanical Engineering from the same Institution is still working in the office of respondents. Hence, the action of the respondents is violative of Article 14 and 16 of the Constitution of India.
4. The respondents in their counter affidavit have submitted that on scrutiny of qualification documents of the applicant during his probation period, vis-à-vis notification/notice available on official websites of UGC (DEB)/AICTE, it appeared that the qualification acquired by him does not have recognition from the apex bodies, i.e. University Grants Commission (UGC), Distance Education Council (DEC) and All India Council for Technical Education (AICTE) or from Joint Committee of UGC, AICTE & DEC. Therefore, letter in this regard were issued to the aforesaid apex bodies as well as the applicant to seek clarification. The respondents enquired about validity of a technical degree/course through distance education mode. In response to the queries Page 7 of 19 OA No. 1439 of 2016 raised by the respondents, the apex bodies viz. UGC and Distance Education Bureau vide their letter dated 26.05.2016 replied that UGC has not granted its approval to Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University, Udaipur to offer technical courses. The apex body further stated in its letter dated 23.02.2016 that UGC has not granted any permission to JRN Rajasthan Vidyapeeth (Deemed) University to establish any study centre within or outside the state of Rajasthan. Hence, the apex body viz University Grants Commission denied validity of the technical course pursued by the applicant through distance mode, as well as the validity of any study centre recognised by the Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University, Udaipur established anywhere in the territory of the Country. In this regard, it is further stated that in W.P. © No.16718 of 2013 Vs. AICTE on 6th Sept 2013, case of the same nature, involving validity of technical course undertaken through distance education from Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University, Udaipur, Orrisa Hon'ble High Court dismissed the case stating "
Law is well settled that education is natural wealth. Merit and excellence assume special significance in the context of professional studies. Selection for admission is necessarily to be merit based. Merit of the student is sole criteria and there is no substitution of it.
In view of the above, the applicant is not entitled to get any interim protection and accordingly the misc. case is dismissed." Page 8 of 19 OA No. 1439 of 2016
It may be noted that the applicant had himself submitted in his Original Application that he pursued his qualification from a study centre situated in Kanpur, Uttar Pradesh. The letter presented by the applicant from Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University, Udaipur could not be considered relevant by the respondents. The respondents has only enquired into the validity of the diploma/certificates issued by any study centre established by the said university in Kanpur, pertaining to technical education by the distance education mode. The applicant never sought permission from the respondents for pursuing his course from any Study Centre/Institute situated in Noida. It is further stated that applicant had been provided a copy of letters issued by UGC to the respondent after a request dated 03.10.2016 was received in this respect. The applicant had not requested the respondent to provide these letters to him on any earlier occasion. The respondents further stated that only after considering the replies of the applicant and that of the concerned apex body for the recognition of universities as well as courses conducted by them viz. UGC, the provisional appointment of the applicant to the post of STA 'B' was cancelled and he was reverted to the post of Technician 'A' which he held prior to his appointment through LDCE 2014 as STA 'B'. Since, the applicant's qualification was found invalid in light of the UGC (DEB)'s observation/replies, the applicant could not have continued to retain the post of STA 'B' without fulfilling requirement of essential qualification. The respondents Page 9 of 19 OA No. 1439 of 2016 further stated that only his appointment to the post of STA 'B' has been cancelled which was infact provisional and under probation period, subject to verification of his qualification and its recognition.
5. In the rejoinder, the applicant has mentioned that UGC by letter dated 06.05.2016 to Sri A.K. Verma, Technical Officer 'A' was that DEC has granted ex-port facto approval to Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University for programees offered by it though distance education Mode till 2005. The institutional recognition was accorded to from the academic year 2007-08 of 2011-12, this proves that applicant diploma was a valid diploma on the date when he appeared for STA 'B' Examination. The applicant further submitted that he has wrongly mentioned the same as Satish Kumar instead of Sanjeev Kumar who has obtained diploma in Mechanical Engineering from the same institute and still working in the department of Respondents after getting promoted on the basis of degree/diploma obtained from the same institute. But belatedly Respondents have initiated action against the Sanjeev Kumar also.
6. In their supplementary affidavit, the respondents have stated that in a similar matters, which were pending at Hon'ble Supreme Court of India, the Hon'ble Supreme Court in leading Civil Appeal Nos. 17869-17870 of 2017 has held that :-
Page 10 of 19 OA No. 1439 of 2016
"We now turn to the aspect of consideration by the concerned authorities of request for grant of ex-post facto approval for courses in Technology/Engineering conducted by Deemed to be Universities, namely JRN Rajasthan Vidyapeeth, Rajasthan (JRN for short), Institute of Advanced studies in Education, Rajasthan (IASE for short), Allahabad Agricultural Institute, Allahabad (AAI for short) and Vinayaka Mission Research Foundation, Tamil Nadu (VMRF for short). None of these have approval from DEC, nor had they even intimated at any juncture the fact that they were conducting such courses in Technology/Engineering through distance education mode."
7. In a letter dated 30.03.2018 UGC has informed to respondents that UGC has not granted its approval to the University (Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University) to offer technical course under ODL mode. The Distance Education Council (DEC) had granted ex-post facto approval to Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University for programmes offered by it through distance mode till 2005. No university is authorised to offer technical and professional programmes through distance mode. A deemed to be university can operate within its own Head Quarters and campuses approved by MHRD only. UGC has not granted its approval to the Page 11 of 19 OA No. 1439 of 2016 university to open any study centre in any other State or even within its State.
8. No further rejoinder has been submitted by the applicant to controvert the issue raised in their supplementary affidavit.
9. Heard both the counsels and verified the documents available on record.
10. In the impugned order dated 29th September, 2016, the respondents have clearly mentioned that the Engineering Diploma acquired by the applicant from Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University, Udaipur through Gyan Devi Institute of Management & Technology does not have due recognition from the apex bodies. It implies that the applicant does not have requisite minimum qualification for the post under DRTC norms. The applicant in his undertaking dated 28.11.2014 has mentioned as follows :-
UNDERTAKING "With reference to your letter No.DMS/QSP/Adm- RP/11/F/AE/0552/DRTC/LDCE/2014 dated 27th November 2014 for appointment of undersigned to the post of STA 'B' through LDCE 2014, I undertake that in case my qualification and it's recognition by the competent bodies does not found true, the appointment to the post shall deemed to be cancelled from the date of joining.
Page 12 of 19 OA No. 1439 of 2016
I also undertake that I will submit the authenticated documents in support of my qualification and it's recognition by the competent authority within 02 months from date of assumption of higher post, failing which you will be free to take action as deemed fit and under these circumstances, I will not go for any litigation."
In a letter dated 20.05.2015 asked to submit his report regarding an advertisement of AICTE in its website which is quoted below :-
As per AICTE Public Notice Advertisement No.UB/08(01)/2010 -
" It has been the policy of AICTE, not to recognize the qualifications acquired through distance education made at Diploma, Bachelors & Masters level in the field of Engineering Technology, Architecture Town Planning, Pharmacy, HMCT, Applied Arts & Craft and PGDM."
The applicant has not given any satisfactory and authentic reply to the above instructions by the respondents.
11. In a letter dated 23.02.2016 University Grants Commission has informed that UGC has not granted any permission to Janardan Rai Nagar Rajasthan Vidyapeeth, Rajasthan to conduct courses in the field of Engineering and Technology under regular mode or to establish any study centre within or outside the State of Rajasthan. No institution is allowed to offer technical course through distance mode. University Grants Commission in a letter Page 13 of 19 OA No. 1439 of 2016 dated 11.03.2015 has given the following public notice, which reads as under :-
UNIVERSTTY GRANTS COMMISSION (Distance Education Bureau) 35, Ferozeshah Road, New Delhi-l10001 (www.ugc.ac.in/deb/) F.No.UGC/DEB/Tech.Edu/1/2015 Dated: 11-03-2015 PUBLIC NOTICE On Professional Courses in Engineering & Technology through ODL mode The erstwhile Distance Education Council (DEC) earlier, on receipt of direction from Ministry of Human Resource Development, wrote to all Institutions providing programmes through open and Distance learning mode to stop offering BE/B.tech programme through Distance learning mode from the year 2009- 10.
2. AICTE in 2010 and 20ll also, notified its policy not to recognise the qualifications acquired through distance education mode at Diploma, Bachelors & Master's level in the field of Engineering and Technology including Architecture, Town Planning, Pharmacy, Hotel Management & Catering Technology, Applied Arts & Crafts and Post Graduate Diploma in Management (PGDM). AICTE thus recognizes only MBA and MCA programmes through distance mode, provided it had the approval of Joint Committee of DEC & UGC and the recognition status was notified on AICTE web portal.
3. The University Grants Commission, after taking over the regulatory function of erstwhile DEC and as per mandate given to it by Ministry of Human Resource Development to regulate Open and Distance Leaming in Universities and Affiliated Colleges has decided that: Page 14 of 19 OA No. 1439 of 2016
(i) No University/Institution deemed to be university/institution should offer Diploma, Bachelor s and Master's level programme in Engineering and Technology other than MBA and MCA till the finalization of UGC (Open and Distance Learning) Regulations, 2014 or notification of relevant Regulations by an independent regulatory authority established by Central govt. to deal with ODL education in higher education system in the country, whichever is earlier.
(ii) UGC/AICTE will take action against those Universities/ Institution Deemed to be Universities/Institutions which are conducting professional courses in Engineering and Technology in ODL mode (other than MBA and MCA).
4. UGC has also decided not to consider any request for ex-post facto approval for ODL programmes offered by any University/Institution deemed to be University/institution at this stage. The above is for information of all concerned, including students and parents.
Secretary, UGC The Public notice issued by AICTE in Advertisement No.UB/04(04)/2010 has mentioned that :-
PUBLIC NOTICE It has come to the notice of All India Council for Technical Education (AICTE) that certain Universities/State Universities/Deemed Universities/Institutions are giving misleading advertisements in the newspapers for admission in technical education programmes in distance mode indicating that they have approval of the Joint Committee of UGC-AICTE-DEC for various programmes.
It has been the policy of the AICTE, not to recognize the qualifications acquired through distance education mode at Diploma, Bachelors & Page 15 of 19 OA No. 1439 of 2016 Master's level in the field of Engineering, Technology including Architecture, Town Planning, Pharmacy, Hotel Management & Catering Technology, Applied Arts & Crafts and Post Graduate Diploma in Management (PGDM). AICTE only recognize MBA and MCA programme through distance mode.
All the existing students/prospective students pursuing/waiting to pursue any educational programme in the above mentioned field are hereby advised to check the approval by Join-Committee of DEC, UGC and on AICTE's web portal at wwww.aicte-india.org. In the absence of the said approval, even the MBA & MCA qualifications acquired through distance mode may not be recognized for the purpose of employment under Central Government.
MEMBER SECRETARY A writ Petition(C) No.16718 of 2013 Vs. AICTE on 6 September, 2013, which reads as under :-
"............apex bodies in the country such as AICTE is required to be obtained for which the responsibility vests with the university concerned."
(underlined for emphasis) From the aforesaid letter, it is amply clear that the Distance Education Council (DEC) has accorded post-facto approval to JRN University for offering programmes through distance mode and thus DEC has not accorded approval to any specific programme offered by the above University. It is further clarified that in cases of technical and provisional programmes offered by the University wherever required approval from the concerned apex body in the country, such as AICTE is required to be obtained for which responsibility vests with the University. The said letter further reveals that the responsibility vested with JRN University to obtain approval from the apex body such as AICTE. Needless to say that the petitioner in the present case claims that he has secured qualification in Bachelor in Technical Education, i.e., B.Tech. from JRN University. Despite repeated requests, the petitioner fails to produce any document regarding grant of approval from AICTE in respect of Technical professional qualification acquired by the petitioner from the said JRN University as clarified in the aforesaid letter of the Director of IGNOU.
(b) Secondly, the minutes of the meeting on the issue of recognition of diploma awarded by JRN University by Distance Education Council held on 4.6.2009, inter alia, contains the following : Page 16 of 19 OA No. 1439 of 2016
"The AICTE nominee informed that they have not recognized the diploma in engineering course offered by JRN Rajasthan Vidyapeetha. Further the AICTE nominee informed the members that AICTE does not accord recognition to technical programmes offered through distance mode and till date they have got (sic) given any approval to start any technical programme through distance education. AICTE Council has recommended not to start any programme through distance education except MBA, MCA and DBM."
The minutes of the meeting further contains the relevant Clause of the MoU signed between UGC, AICTE and DEC as under :
" Based on the recommendations of Joint Committee, the letter of approval may be issued by the Joint Committee. The letter should explicitly state. This has the approval of UGC/AICTE and DEC. The letter should be jointly signed by Secretary, UGC Member Secretary, AICTE and Director, DEC."
The petitioner failed to produce any letter of approval issued by the Joint Committee jointly signed by the Secretary, UGC, Member Secretary AICTE and Director DEC in respect of courses offered by JRN University, Rajasthan.
9. Law is well-settled that education is national wealth. Merit and excellence assume special significance in the context of professional studies. Selection for admission is necessarily to be merit based. Merit of the student is sole criteria and there is no substitution of it.
10. In view of the above, the petitioner is not entitled to get any interim protection and accordingly the misc. case is dismissed."
12. In an OA No.2914 of 2010 - Dina Krushna Barik Vs. Delhi Metro Rail Corporation, PB Delhi has considered the issue that status of the Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University under UGC Act is accepted. The Degree of Diploma in Engineering awarded through distance education by the said deemed University was not in dispute the only dispute whether they have got approval from AICTE to award the above degree was in question. On the basis of issue discussed by Hon'ble High Court of Punjab and Haryana in CWP No.142009 and CWP No.21331 of 2008, the Tribunal has allowed the above OA. Later, the issue was Page 17 of 19 OA No. 1439 of 2016 discussed in Civil Appeal No. 17869 and 17870 of 2017 in the Hon'ble Apex Court and the Hon'ble Apex Court has concluded that :-
(i) 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.
(ii) Insofar as candidates enrolled during the Academic Sessions 2001-2005, in the present case the ex post facto approvals granted by UGC and their concerned authorities are set aside.
(iii) Consequent to aforesaid direction No.II, all the degrees in Engineering awarded by concerned Deemed to be Universities stand suspended."
They have further directed that the degrees in Engineering awarded by deemed to be Universities through Distance Education mode shall stand recalled and be treated as cancelled. All benefits secured by such candidates shall stand withdrawn. The Hon'ble Apex Court further directed the CBI to investigate into the conduct of the concerned officials who delth with the matters and went about granting permission against the policy statement. In a letter dated 20.03.2018 the University Grants Commission has mentioned that no university is authorised to offer technical and professional programme through distance mode. In circular F.No. :
AICTE/P&AP/Misc/2020 dated 30.12.2020 has mentioned that AICTE has not given the approval for conducting Diploma courses in Engineering through Distance Education mode to any Technical Institution. In the light of above discussions, it is clear that the status of Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed) University Page 18 of 19 OA No. 1439 of 2016 status is not in dispute. They have run various programme through of campus study centre. But the diploma in Electrical Engineering obtained by the applicant through Distance learning mode is not valid as the institute was not authorised to run outside campus course of diploma in Engineering discipline without the approval of AICTE. The applicant in good faith have enrolled in the course, spent his valuation time and money to acquire the qualification. Based on the above qualification, he was promoted and when issue of validity/recognition of such degree came, it has been clearly established that the Institution was not authorised by the competent authority to conduct such course through distance learning mode and the matter has been deliberated in detail by Apex Court and concluded that such degrees are not recognized degree. Hence, the applicant has failed to establish his claim in support of relief claimed. The OA deserves to be dismissed. Accordingly, the OA is dismissed. No order as to costs.
13. The Interim order, if any, stands vacated.
14. All associated MAs also stand disposed of.
(Mohan Pyare) (Justice Om Prakash VII)
Member(Administrative) Member(Judicial)
RKM/
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