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3. The applicants submit that the deletion of their names from the eligibility list is not proper as they have done their M.Sc. in Electronics from a recognized University. The names of the applicants were removed from the list on the ground that the degree of M.Sc. Electronics acquired from the Institute of Advance Studies for Education (IASE) Deemed University, Gandhi Vidya Mandir, Sardar Shahar, Rajasthan (for short IASE Rajasthan), is not from a recognized University. However, the applicants submit that the IASE Rajasthan is a deemed university as has been declared to be so by the University Grants Commission in terms of Section 3 of the UGC Act, 1956, vide notification dated 17.7.2002. The Distance Education Council (for short DEC), has granted approval to the IASE Rajasthan for imparting post graduation courses through distance mode of education. Both the applicants got admission in the IASE Rajasthan in the year 2004 with due permission from the employer and completed their Degree in 2005. The qualification is recognized and cannot be doubted at all.

4. The applicants submit that the IASE Rajasthan was given ex-post facto approval for courses conducted by it upto the year 2005 through distance mode of education in pursuance of the meeting held on 7.8.2007 by Joint Committee of UGC-AICTE-DEC and approval was given vide letter dated 29.8.2007. Copy of minutes of the meeting dated 7.8.2007 and copy of letter dated 29.8.2007 has been enclosed as at Annexure H and J respectively. As per List of Universities and Institutions approved by DEC published on 26.2.2009 on its Website, the IASE Rajasthan has been granted ex-post facto approval for its programmes run through distance mode till the year 2005. Copy of the recognition policy is at Annexure K. They have, thus, prayed for quashing of the eligibility list dated 1.1.2007 issued on 27.1.2009, Annexure E, with direction to the respondents to include their names in the said eligibility list as on 1.1.2007 at the appropriate place.

5. The respondents have filed a reply. They submit that the eligibility committee took the decision to remove the names of the applicants from the list in the light of complaints received from various quarters that the qualifications through distance mode have not been approved by the Apex Bodies i.e. Ministry of Human Resource Development / UGC/DEC/AICTE. After its decision, the Committee consulted the Ministry, HRD, UGC, DEC and AICTE and reached the conclusion that some of the Universities / Institutions are running unapproved courses and IASE Rajasthan is one of them. Subsequently, a modified eligibility list was issued on 27.4.2009. Even as per Notification dated 1.3.1995, the deemed university was supposed to take the approval from DEC and AICTE for conducting the course through distance mode before starting such a course which the University had never taken. The UGC has withdrawn the ex-post facto sanction given to the courses run through Distance Mode from IASE, Rajasthan. The Annexure R-1, clearly states that the qualification awarded through distance education has to be approved by DEC and AICTE which has not been done in this case. The respondents can correct the error that had occurred in by the inclusion of the names of the applicants in the eligibility list.

8. In the circumstances, our findings are that the diploma certificate from IASE obtained by the applicant in the year 2005 was a valid one and the Institute from which the applicant passed out had the status of Deemed University having the powers of running programmes in Distance Education mode for which it had post-facto approval from the DEC in respect of the relevant period.
9. Having regard to the observations made above, we have no doubt in our mind that the facts of the case in this case are fully covered by the decision taken by a co-ordinate Bench of this Tribunal and as such we need not dwell on the issue all over again inasmuchas in this case also the degree of post Graduation in M.Sc. Electronics was obtained by the applicants in 2005 from IASE Rajasthan. Thus, their qualification cannot be doubted by the respondents. In so far as reliance placed by respondents on Annexure R-1 is concerned, no doubt a decision / direction was given for review of ex-post facto approval and further action was to be taken on the basis of the same. We have not been shown whether any further action was taken on the basis of this decision.