Indian Kanoon - Search engine for Indian Law

6. Shri M. K. Bhardwaj, learned counsel for the applicants would submit that the matter is no more res integra in view of various decisions of Honble High Court as well as this Tribunal. He referred to the judgment of Honble High Court of Himachal Pradesh in the matters of Sudesh Kumari and Others versus HPSEB [WP(C) No.3206/2010 decided on 05.04.2011] where the same issue was considered whether degree conferred by IASE (Deemed University) are recognized for appointment/promotion in Central Government/State Government etc. The High Court in its judgment dated 05.04.2011 held that in view of decision taken by Joint Committee of the UGC-AICTE-DEC qualifications conferred by IASE University are recognized for appointment and accordingly allowed the Writ Petition with directions to the HPSE Board to treat the petitioners having Engineering Degree as eligible for promotion. The said order was subsequently upheld by the Division Bench in LPA No.354/2011 decided on 20.09.2011. Thereafter, this Tribunal has considered the said issue in OA No.3741/2009 and OA No.1210/2010 and even the RA in OA no.1210/2010 referring to the judgment of Honble Apex Court in the case of Annamalai University Versus Secretary to Government Information and Tourism Department & others [JT-2009-4-SC-43], the Tribunal dismissed the RA by detailed order. Shri Bhardwaj would further submit that the objection taken by the official respondents in their counter affidavit regarding non approval by the UGC/AICTE/DEC and decision of UGC dated 12.05.2008 regarding withdrawal of ex-post facto approval were unjustified as the order of withdrawal of ex-post facto approval dated 12.05.2008 was stayed by the Honble High Court of Jodhpur vide order dated 15.09.2008 in the Writ Petition filed by the IASE University. He contends that IASE being Deemed University was competent to issue degrees for the subjects and courses taught as per Section 22 of UGC Act. Referring to the letter of November, 2007 issued by UGC, no separate approval of UGC is required, the approval of UGC-AICTE-DEC joint committee would suffice. DEC in its counter reply has clearly indicated that all courses of IASE have been recognized and as such the degrees issued by IASE are legally valid and admissible to be considered in the matters of appointment/promotion. He submits that as Ministry of HRD being the nodal Ministry has recognized the Diploma/Degree conferred by IASE, other Ministries are bound to follow the said decision. So far as the UGC/AICTE are concerned, they may raise technical objection but the same cannot be taken notice by the Departments unless a decision is taken in this regard by the Ministry of HRD. In OA No.3741/2009, this Tribunal specifically directed for impleading the Ministry of HRD as party and only after reply was filed by the said Ministry to the effect that the degree/diploma conferred by the IASE are recognized for appointment/promotion in Central Government was allowed. Because the official respondents never raised objection regarding the study centres of IASE or otherwise as evident from their reply as they are conscious of the fact that such objections are not justified. So long as the Degrees/Diplomas awarded by Deemed University under distance mode are recognized by the Ministry of HRD, DEC etc. they are valid and cannot be questioned. It is further submitted that as per the policy of DEC, the study centres and regional centres are treated as internal policy matter of the University and no specific approval is required for the same. Because the applicants took admission in the degree course way back in the year 2003 with due approval of the official respondents as a lateral entry candidate as they had already acquired Diploma in same stream from recognized institution. The applicants got admission in the degree course in the year 2003 and as per the decision of DEC degree of the students who took admission in the period of approval i.e. till 2005 and the year 2007-08 are treated as valid by the Joint Committee decision. It is the responsibility of the Ministry of I&B to verify from the Ministry of HRD and DEC about the recognition of Degree/Diploma conferred by IASE before passing the impugned order. In view of the above contentions, Shri Bhardwaj urges to direct the respondents to treat the Degree awarded by IASE to the applicants as valid Degree and consider them for promotion to the grade of JTS from the date they became eligible against the available vacancies with all consequential benefits including arrears of pay.

8. Learned counsel appearing on behalf of the University Grants Commission (UGC) would submit that the Degree of B. Tech obtained by the applicants through distance mode would not be treated as legally valid degree. It is contended that the technical education and the degree for the same to be awarded by any Institute deemed to be University under the UGC Act is required to follow the standards laid down by the AICTE. The Counsel for UGC would say that AICTE has not granted any permission to the IASE to start the technical education in which the applicants have received degree. It is further submitted that so far as ex-post facto approval issued by the DEC is concerned, the same is not valid in view of the decision of the Honble Supreme Court in the case of Annamalai University (supra) and he drew our attention to paragraph 28 & 29 of the said judgment. It is highlighted that UGC has not delegated any of its power in favour of the Joint Committee of UGC-AICTE-DEC and any action taken by the Joint Committee is still required to be brought before the UGC and the Commission on its turn has to consider and convey its decision to the appropriate organization. The minutes of the Joint Committee of UGC-AICTE-DEC is only to guide in the decision making process of the UGC but is not binding on the UGC. It is submitted that the UGC observed that the IASE has been indulging in the activities in running various professional courses such as B.E, B.Tech, BCA, MCA, BBA, MBA, BTP etc. without the approval of the UGC, despite the fact that the UGC guidelines circulated in the year 2000 and 2004 clearly stipulated that no off campus centre or offshore campus or new courses should be started without the prior approval of the UGC. Further it was inter alia observed that the IASE deemed to be University was running B.Ed, M.Ed and Phd in Education at the time of notification of the same deemed to be University status under Section 3 of the UGC Act, 1956 and the UGC never granted any approval to start any new professional courses. In this background, the UGC sent a show cause notice dated 21.08.2008 to the Registrar IASE directing him to explain as to why appropriate action should not be taken to the effect of recommending withdrawal of deemed to be University status of IASE to the Ministry of HRD. On receipt of IASE explanation dated 6.09.2008 and 24.11.2008, it has been inter alia mentioned that the IASE has started or to be started departments in the engineering, management etc. In the meantime, Ministry of HRD ordered enquiry on the complaints received against IASE. The Enquiry Committee/ Fact Finding Committee visited IASE on 15th & 16th of January, 2009 to verify the situation and submitted its report on 20.03.2009. The said report inter alia mentioned the following :-

10. Shri Gopal Dutt, learned counsel appearing on behalf of the private respondents would submit that as per the UGC letter dated 30.06.2004, IASE was conducting only the B.Ed, M.Ed and Phd courses in education. After getting the status of deemed to be University IASE started courses like B.Tech and MBA which was not authorized to be operated by the Institute. Further, contention is that the IASE is running independent state centres at different places on franchise basis and granting Degrees in Engineering which is not admissible either by the guidelines of the UGC or the AICTE and DEC. It is stated that the IASE is running 1500 centres and many students are being cheated in the process of such illegal degrees being issued to them. It is also highlighted that the UGC has denied to grant any ex-post fact approval for IASE to run state centres, regional centres, academic centres under the distance education mode. Even the UGC directed them to close down such state centres and such outstation education programmes. Shri Dutt would submit that the applicants have studied only in the state centres run by IASE and obtained technical degrees. He cited example that applicant No.2 who got degree through Baba Saheb Ambedkar Institute of New Delhi; applicant No.1, 3, and 4 got through Society for Human Development and Research, Hauz Khas; and 5th & 6th applicants got through the Software Technology, IT & Management Institute, Rohtak. It is further contended that the IASE had not got prior approval from the statutory bodies like UGC and AICTE for the B.Tech and M.Sc programmes run by it. It is further contended that the ex-post facto approval is not available to the IASE from the competent authorities as the clearance from DEC alone will not suffice. The MOU signed by the 3 statutory bodies, namely, UGC, AICTE and DEC indicates clearly that ex-post facto approval should be granted only by the statutory bodies jointly not separately and IASE has not got such joint post facto approval from these 3 statutory bodies. Shri Gopal Dutt would place his reliance on the judgment of Honble Supreme Court in the case of Annamalai University (supra). It is, therefore, urged that the OA should be dismissed as the applicants having got invalid degrees and not being eligible and qualified for the post to be considered for promotion, the deletion of the applicants name by the official respondents from the eligibility list is tenable in law.

Provided that a candidate for the post of Engineer, Group A, in Wireless Planning and Coordination Wing/Monitoring Organisation, Ministry of Communications and Indian Naval Armament Service (Electronics Engineering Posts) , may possess any of the above qualifications of the qualification mentioned below namely:-

M.Sc degree or its equivalent with Wireless Communication, Electronics, Radio Physics or Radio Engineering as a special subject.

20. Admittedly, IASE is deemed to be University and was granted the said status under the UGC Act for imparting education for award of degrees in B.Ed, M.Ed and PHD in education. It is noticed that IASE has entered into the field of distance education without getting prior approval of the competent statutory authorities. It must be noted that deemed to be University is different from the conventional universities established under the Statute. As per UGC guidelines, the deemed to be University would carry the courses leading into the award of Degrees/Diplomas will be in the areas of education which have been authorized by the UGC, DEC and AICTE. The reports cited by the respondents clearly lead us to believe that IASE has branched away to the areas for which the Institute has not been authorized by the competent statutory bodies. This would mean that those who get Degrees/Diplomas in the field, not authorized by the competent statutory bodies, would not be legally eligible to be considered either for appointment or for promotion. In this context, the applicants who have received Degrees in MSc (Electronics) would not be in a position to place the said degrees for the purpose of appointment or for promotion to a higher post where such a qualification is required from recognized Universities. It is noted that recognition of deemed to be University does not itself empower the universities to impart education in any field that they may deemed fit. This aspect has been very clearly brought out by the respondents in their pleadings. We do agree with the views and contentions advanced by the respondents. In case of a distance education programme to be imparted, the same is being done by the conventional universities established by a Statute or by the Open Universities. In case of deemed to be Universities, the Ministry of HRD has brought in a Committee with three relevant statutory bodies, namely, All India Council of Technical Education (AICTE), University Grants Commission (UGC) and Distance Education Council (DEC) to examine each case on its merits and decide, which university should be granted distance education and for which courses. Though the applicants have pleaded before us that the Distance Education Council has given a letter to the effect that the IASE (deemed to be University) can undertake distance education for MSc (Electronics), it must be noted that such a letter does not on its own entitle the IASE to continue the course unless all the three statutory bodies, namely, UGC, AICTE and DEC give approval as prescribed in their relevant respective statutes. In this context, it is noticed that the applicants have obtained their degrees through distance education which may not be the right process by which M.Sc (electronics) degrees could be awarded to the applicants. Further, looking the case from another angle, it is noticed that IASE has franchised the distance education programmes for different courses through Regional Centres, State Centres, Study Centres and such franchise as per the contentions of the respondents are not admissible under the extant guidelines and rules. So much so, that the UGC, AICTE and DEC issued circulars and even some of the advertisements have been issued to indicate that students likely to become students to prosecute their studies through distance education must be aware of recognized and non recognized courses and recognized and non recognized Institutes where such studies can be persued. It is in this context that we notice that the applicants have passed their respective courses only through the centres and have not studied directly at the IASE. Therefore, from this angle, the applicants would not be entitled to get the benefits of such a degree for consideration to be promoted to the post of ASE.