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statutory body like AIU. Thirdly, the UGC in its regulations has already recognized the courses undertaken by the candidates from accredited institutions by AICTE. It is, therefore, submitted that when the AICTE has granted the equivalence certificate to some of the candidates, the same should have been accepted by the UGC and the result of the petitioners should not have been withheld only on the ground that their diplomas were not determined to be equivalent to a Master's degree by AIU. The learned counsel for the petitioners, in addition to the aforesaid submissions, also points out that various documents placed on record obtained under the Right to Information Act, 2005 would clearly indicate that AIU itself has clarified that the said society does not grant any equivalence of degree. She specifically referred to the communication dated 22.10.2013 made by AIU to one Chandra Shekhar Singh stating therein that AIU does not accord equivalence to the degrees awarded by Indian University and according to her, equivalence requirement by AIU is illegal and improper and, therefore, the decision of withholding the result of the petitioners needs to be set aside. She also states that the UGC has not authorized by way of any rule or notification, the AIU to grant equivalence to diplomas/certificates as Master's degree.

W.P.(C) 4160/2011

7. The learned counsel appearing on behalf of the petitioner in W.P.(C) 7408/2014, in addition to the submissions made by the learned counsel appearing on behalf of the petitioners in the writ petition [W.P.(C) 3082/2014] states that Clause No.4.4.5 (Minimum Qualification for Appointment of Teaching Faculty in University and Colleges- Management/Business Administration) of the UGC Regulations On Minimum Qualifications For Appointment Of Teachers And Other Academic Staff In Universities And Colleges And Measures For The Maintenance Of Standards In Higher Education, 2010 (in short, UGC Regulations, 2010) recognizes the degrees accredited by AICTE. He, therefore, states that once the diploma is accredited by AICTE or issued by an AICTE accredited institution, there is no necessity for any equivalence by AIU.

12. The learned counsel appearing on behalf of the AIU states that amongst other activities, AIU equates degrees issued by foreign universities with those awarded by Indian universities and issues equivalence certificates as well as equates diplomas issued by the institute, falling outside the preview of the universities in India with the degrees issued by the Indian universities. According to AIU, the said activities are conducted as per the Memorandum of Association of AIU. It is stated that AIU has been issuing such equivalence certificate since its formation as a society and before that as a inter-university board which was formed in the year 1925. The AIU, therefore, states that in the case of equivalence from diploma to degree even by educational institutions are granted by AIU.

20. Secondly, if the scheme of the UGC Act, 1956 as has been explained to this court, is examined the decision of the UGC to authorize AIU to determine the equivalence aspect cannot be said to be without jurisdiction. AIU has been working since 1925 in the field of higher education. The fact remains that the UGC has assigned the responsibility to AIU to determine the equivalence. The decision so taken by UGC is not under challenge. It is thus seen that the challenge on the ground of competence of AIU to grant the equivalence certificate under the facts of the present case cannot be accepted.