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“Please refer to this Ministry’s notification No.23-2/2001-TS.III dated 24.11.2006 regarding Section A & B of Association Membership course, equivalent to Degree in Mechanical Engineering and Part I & II of Technician Engineers (T), equivalent to Diploma in Mechanical Engineering from MA NO.2367 OF 2018 IN CIVIL APPEAL NO.17922 OF 2017 INSTITUTION OF MECHANICAL ENGINEERS (INDIA) THROUGH ITS CHARIMAN VS. STATE OF PUNJAB & ORS.

38. In Orissa Lift Irrigation Corporation Case5, it also arose for consideration whether a deemed to be University, without taking appropriate MA NO.2367 OF 2018 IN CIVIL APPEAL NO.17922 OF 2017 INSTITUTION OF MECHANICAL ENGINEERS (INDIA) THROUGH ITS CHARIMAN VS. STATE OF PUNJAB & ORS.

prior permission could start courses leading to degrees in Engineering through open distance learning. That aspect of the matter does not arise in the present case and it is also not the case of the appellant, that it is entitled to award degrees in Engineering. Its submission however is, having been conferred the status of being equivalent to degrees in Engineering in respect of Certificates awarded by it, the appellant is entitled to continue having such benefit or advantage. There is nothing on record either in the form of any statutory provision or any statutory regulations or any scheme under which such equivalence could be granted by the MHRD 3. It appears that claims made by various institutions like appellant were considered on case to case basis and equivalence was granted by MHRD3. The first of those communications was of the year 1976 when AICTE2 Act was not in force. If the mandate of Section 22 disentitles any authority or person other than those specified in Section 22 (1) to award degrees, there is no power or authority in any one including MHRD3 to award such equivalence.

that the Certificates are equivalent to a degree and as such all the candidates who hold such Certificates are entitled to derive the advantages which a degree holder can, is completely a different issue.

41. In the present case, the communication dated 26.05.1976 under which the Certificate issued by the appellant was recognized to be equivalent to a Degree in Mechanical Engineering from a recognized Indian University, does not indicate any statutory provision under which such equivalence could be granted or conferred. This point becomes more crucial, as after the enactment of AICTE Act, the entirety of the field concerning “technical education” is kept in the domain of AICTE by the Parliament. Section 10 of the AICTE Act entitles AICTE not only to lay down norms and standards for courses, curriculum and such other facets of “technical education” but also entitles it under clause (l) to advise the Central Government in respect of grant of charter to any professional body or institution in the field of technical education conferring powers, rights and privileges etc. Going by the width of the power, after the enactment of AICTE Act, even such privileges could be conferred only after express advice of AICTE and within the confines of various statutory provisions.

“… … the Institute of Mechanical Engineers (India), Mumbai is a registered Society and is thus a Technical Institution and is required to obtain approval from AICTE in respect of its courses in technical subjects. The membership of such institute cannot be treated as equivalent to a degree, as the candidate qualified from such institute cannot be said to be at par with the members of Institution of Engineers established under the Statute. (para 208) … … … … …There is no document produced or alleged that Respondent No.4 has permanent recognition from any Council or Board in respect of its courses. Therefore, the degrees or the membership granted by respondent No.4 cannot be treated as equivalent to Degree in Engineering.” (para 211)