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I am really astonished to get such a decision of the honourable Supreme Court. After so many years this issue has come up and that too for only four universities. Total injustice with us. I am with u all.
This is very unfair decision, we should fight for review of this verdict. I scare, even though we go for review how long it is going to get out of this trouble? what is the condition of victims till that time?
It is an irony that some one is asked for a retest of subjects years later, people have acquired qualifications based on these degrees. Many have settled in job profile doing better than those from institutions of learning approved by AICTE
Go to many of such colleges the reality will come to forefront . It is clear that Learned Judges were biased by the two consultants since there was no representation of the students or the universities ,the decision seems biased. Judges purely go by legal books thus logic may not apply at times. There may be other recourse available like filing petition in MHRD, President or approach the PMO for reconsideration.
I have done my M.tech frm RVD university, I know ugc with AICTE will conduct a test to make it regular degree in the month of may2018. But the syllabus and pattern of the test is not given anywhere. I heard that there will be a GATE type test for B.Tech students, but what ant MTech students. Will there be negative marking.?
Really it’s very difficult to prepare all the subjects after 12 years and we couldn’t get the syllabus and test pattern till the date. I mailed AICTE many times in this regard , but couldn’t get any response from them for a month.
If any one has any idea in this regard, pls let me know , I will be highly obliged.
My number is 9811209464.
Undeniably imagine that that you stated. Your favorite reason seemed to be on the web the simplest factor to keep in mind of. I say to you, I certainly get annoyed whilst other people consider worries that they plainly don’t recognize about. You controlled to hit the nail upon the top as smartly as outlined out the entire thing with no need side-effects , other folks can take a signal. Will likely be again to get more. Thanks
Some Government Universities are still (2017-18) offering Diploma and Degree i.e. Diploma (Engineering) and B.E. or B.Tech. through distance mode. – B.Tech. (Marine Engg) : great marine engg. that too in distance !
As per constitution No descremination while justifying case in any Court. If No technical education is permissible through distance mode then all such courses should be banned henceforth..but not restrospectively. Aicte should not be empowered to permit such
Technical, Medical science by all means but old Degrees should not be cancelled…and if to be cancelled then all degrees including Amie etc should be treated equally…no benefit of doubt to be given or to be given to all.
Dear friends, let us unit together and legally fight to bring back our dignity. I honestly request each & every victims engineers friends to create what’sapp group, so that we can immediately get in touch with each other. My no#9774975091
AICTE had not shown all the Fact to Hon’ble Supreme Court.
AICTE Chairman Prof. R.A. Yadav, Chairman, AICTE attended the meeting as Special Invitee the 447th Meeting held on 21st May, 2008 at 10.00 A.M. The Commission ratified the action taken by the Chairman, UGC.
This is in connection to the Review of Ex-Post-Facto approval given to the four Universities. https://www.ugc.ac.in/oldpdf/commissiondecision/447.pdf
Also the meeting held on 7.08.2007 a member from AICTE Prof. Grover was presnt.
i.e. AICTE was much involved in the decision of granting Ex-Post-Facto approval but it hided in the Court.
There are people who are coming forward to file Review petition at the Hon’ble Supre court.
what we need is LARGE NUMBER OF REPRESENTATION .
So come forward what so ever your group strength is.
No body is going to help any one.
one has to take care of self.
COME in front and put your side to the Hon’ble Supreme Court.
Judgement is quite confusing
What test ? Howmay papers and how it will be conducted?
It’s almost impossible for anyone to write and pass same exams after 10 years. What is the consequence if failed?
The late judgement is unfair. The punishment should go to UGC if any why it is for students?
Please let me know How to support to the team consulting advocate?
Please let me know if I can be of some help,i have passed BTech from IASE in 2007.
My contact +919867309010
I am with you guys. Please someone take initiative on negative sequence. I respect Supreme Court verdict but it’s really impacting innocent people who worked hard in their life for their family. They should find something alternative to stop this issue but not this way.
What the Govt should look into is the contribution made by the the people who are being affected by the decision. Many of the people have achieved a lot and also contributed a lot to the society in terms of academic services, Research, social services etc. It is not fair to just simply ignore 12 years of efforts and contributions. The fees may be returned by the universities, but who, if at all possible, will return the lost 12 years of a person’s life.
kindly suggest how to join, i along with my friends willing to join
Your appreciation is further exciting me to extend the queries from number (11):
(12) Is written test sufficient to prove the talent of Mr. X? If yes, then such test already qualified by Mr. X, with excellent CGPA, during his Ph.D. course work along with students who are M.Tech from renowned universities. Should not the mark sheet of course work of Ph.D. be considered to assess the talent of the students?.
(13) Is written test sufficient to prove the talent of Mr. X? If yes, then Mr. X has already qualified in GATE (4-times). Also, at the time of admission in Ph.D., he has valid GATE score card. Should not GATE score be considered to assess the talent of the students?
Please clear my doubts, i am further very keen to extend my another queries.
plz share your contact no.
Please share your contact number so that we can fight together.
(14) Is it unfortunate that, Mr. X, whose M.Tech student has paper in IEEE Journal, is now fighting for his M.Tech degree instead of doing research?
(15) Is it unfortunate that, Mr. X, who has numbers of papers in SCI indexed journal with high impact factor (including IEEE transactions) is now planning to open shop for the survival of his family?
(16) For which we are going to fight? With whom we are going to fight?
Fight is not solution my dear friend. There is something wrong, we should go in depth of the root cause and try to search best and practical solution.
In addition to think what DEC/AICTE/UGC says about these four universities, there is also need to do impact analysis. Impact analysis plays vital role for design, development, and technical growth of the nation. Therefore, we need to think the negative consequence which may exist due to implementation of this decision. For this reason my comments cover that part, only. However, i am aware of all the letters, whose links are provided on above posts.
Very important question please read and understand the issue:
First Case:
(10) If “Mr. Y” Ph.D. research guide is Dr. X. Mr. Y has now become Dr. Y under the guidance of “Dr. X”. Now if degree of “Dr. X” is cancelled then what will happen to Dr. Y? Is country ready to accept “Dr. Y” Ph. D guide is Mr. X (Earlier Dr. X) who is B.Tech, only.
Second Case:
(11) Suppose Dr. X is guiding 4-5 research scholars from last three-four years and their researcher scholars are now at the stage of completing Ph.D. Suddenly degree of Dr. X is cancelled and he became Mr. X. Then, what will happen to their research scholars. Will they select new guide and give next 4-5 years for completing their Ph.D?
Who are the real victim? only Mr. X?. There is lot of confusions and queries i have stored. Please clarify?
After looking into numbers of feedback in this platform i am again excited to extend some of more common queries of about Mr. X
If Mr. X decides to open shop for the survival of his family and quit his all research work due to cancellation of his degree then:
(6) Is Mr. X loosing his degree, only, country is not going to loose a good researcher who has great potential to publish their work in journals, like IEEE transactions, Elsevier, Springer, etc. In fact the research works, publish in IEEE transactions level journals, are appreciated and cited for further research by the myriads of researchers across the globe. Therefore, such a research contribution need same importance as given to ‘100/200 runs’ in cricket. The importance to research is highly desirable for technical growth of the any nation. Honestly, it is unfortunate that here Mr. X is fighting for the survival of his family in stead of doing research and now planning to open shop. Can you imagine the mental status of Mr. X, now? Is this issue only for the victims ?
(7) Is it possible that any degree is valid at the time of admission in higher education but now become invalid after the completion of higher education. While Mr. X has satisfied (passed) all the parameters, as set by concerned university under the guidance of UGC/AICTE, to complete their higher education. That is Mr. X has also passed in their course work , gave thesis presentation, publish papers, etc. His thesis is reviewed by external reviewer, and based on reviewers comments, based on his publications, based on his performances, Mr X got the degree.
(8) What extra thing has been done by the other students, who have done their M.Tech Degree from NIT/IITs, for completing their Ph.D. Degree that is not done by Mr. X?
(9) Should Mr. X performance during his Ph.D. work be compared with his batch-mates who have done their M.Tech from NITs/IITs before cancellation of his degree?
Persons qualified long back as in 2006 are now, either placed in different important positions or moved abroad. It is very astonishing for them to note that all of a sudden their degrees are seized, which they have earned with efforts and zeal. This might happen to their other degrees as well, in due course of time.
1. Also, it is more intresting that only one test will aceratin that they are eligible for the degrees. How can a professional qualification be justified as right or wrong by a single test. In addition to above, the candidates has to appear in the test after 11 years, which is again notable that how honorable court is so sure about the same mental and physical fitness of the candidates appearing as it was at that time, when he qualified.
2. The question was related to graduate engineers and no way related to masters program as labs are not that essential in masters as in graduation level.
3. Honorable court has not been informed about the study centers properly as there were full equipped study centers as well, and are situated in reputed Universities.
Therefore it is my humble submission that, honarable court must review the orders in light of above facts and enquire the complete information before proceeding to implementation of the orders. Also, we in India look the judiciory as an apex and respectable body and do not expect such decisions which tends to alter the truthful image of the judiciory system of India. So the let the public be honoured for their beliefs.
Sanjay
I did my BTech from a rupted central university and did my Phd from a reputed pvt university.I have published many national /international numbers of research papers in IEEE, scopus & SCi index journals.I am expert of my area now .Let me ask a question, Is it not very late to welcome such a late & vauge decision,I mean how could I deserve to loose my degrees/publications or designation and my bread butter which I am earning for my family because of the only mistake of UGC / AICTE or some other such reputed educational organisation. Where is my fault ? If any such candiates commited to suicide or family members got heart attack and other such severe incident happens then who will be responsible ,supreme court,AICTE or UGC.If all loose my career than who will give compensation of so my future career .
So I humbly request to ho’ble supreme court & all concern organisation to rethink over this major issue and resolve it by exempting of any qualifying exam which many can not be clear aftr so many years of his /her degree.
As far as M.Tech is considered for PhD degree as eligibility.
In my opinion many IITs, IIMs and other university or institutions are taking BE or BTech as minimum eligibility for admission to PhD degree.
Also PhD degree is EARNED and there is NO DIRECT contribution of BTech or MTech.
Both the events are independent events.
One Example: Suppose a candidate got admitted on OBC Non-Creamy layer seat at any institute and EARNED his PhD degree. After some time he comes to creamy Layer category, deoe it means his degree get cancelled!
So come forward on this point is one has REGULAR BTech degree and had Admitted to AICTE recognized University or Institute for PhD then there should be EXEMPTION of such candidates from the current Judgment.
This decision comes as a blow to all of us who have degrees from one of these four universities, especially the M. Tech degree, and who have been working on respectable posts for the past 13/14 yrs. It’s a very unfair decision as far as these students are concerned, who put in their money, time and hard work to earn these degrees and on the basis of which they got promotions and in some cases govt and private jobs. All these years of hard work will go down the drain by this unfair decision by the honorable supreme Court. Taking tests at this age, in all the subjects, while we have gained experience and expertise in one or two based on our research areas, is very difficult to sat the least. Also, as someone has rightly put in the forum, what abt the research work and research students we hv guided since then. Will all that be scrapped too.
We all need to get together and fight this injustice and the more we assemble, the better our chances. So let’s all get together and fight this.
There are many IITs, IIMs and other institutes which are awarding PhD degree on the basis of B.E. or B.Tech Degree .
B.E. / B.Tech/ M.E. or M.Tech. is only a eligibility criterion for the admission to the PhD degree. But the PhD degree is “EARNED” by the proper process of the University or institute concerned.
In my personnel opinion this PhD degree which is EARNED by the concerned that too when at the time of admission ME or MTech was valid, need not to be come under the preview of this decisions and one exemption for those who EARNED or PERUSING PhD should be exempted from this decision.
We have faith and respect to the Honourable Supreme Court but people will lose their faith from the Honourable SC.If such type of decision comes.
Honourable Supreme court is giving the logic that “At this stage(After 15 years ) it’s not possible to inspect the Study center/ Institutes. So Check the Candidate by taking Examination “ Following are the queries related to this :
(i) Degrees in the related field means he/she has knowledge in their field. If they are working for last 15 years then why u need to check from scratch. The decision maker should ask this same question to the self, if they have to appear(in 6 months) for their degree examination with the present workload and without leave.How many of them clear the examination.
(ii) Due credit needs to be given to the experience and ACR. In medical doctors are treating the live human being and if they do any mistakes their life will be at stake .even then RMP degrees are given on the basis of experience no study is required.
(iii) This is very interesting due to the negligence of regulatory bodies candidates are suffering.
(iv) In a complete case, they are saying engineering degree. A degree means Diploma /Bachelors and Masters. Court has taken the case of all with same philosophy but there is lots of difference.Lets take one example if X had done his BE in regular mode from AICTE recognized college then he Joined the post of Lecturer ( at that time qualification of the lecturer was BE) then he did M.Tech in Computer Science, not in Computer Science and Engineering then PhD from IIT/Govt University through a proper selection procedure. How his degree can be compared the BE distance education. The prerequisite for BE is 12 and for Mtech(CS) is BE/MSc/MCA. A MSc person Mtech can be called as an Engineer. IIT conduct M.Tech in Physics can you call it an engineering degree if no then why are you putting the philosophy of BE degree on M.Tech .In BE degree you have to go through a lot of hardware related practical work even in CSE . The first year is common for all the branches and they have to workshop Jon. The case of M.Tech is different.
(v) All Study centers were equipped with Computer. M.Tech in Computer science needs only computer .M.Tech in Mechanical/Electronics/ CSE(Computer Science and Engineering) need other hardware related equipment for practical.
(vi) AICTE has exempted MCA degree to get re-examined by the candidates. The question arises here that does the MCA program doesn’t have any practical aspect, if not than the syllabus of M.Tech(CS & IT) is at par with the MCA syllabus. In this case the either the M.Tech CS/IT students should also get relief or the MCA degree should be re-examined. And not only MCA , but all the degrees ( Architecture, Pharmacy, Hotel Management, town planning, MCA, M.Sc { agriculture, Physics, Chemistry, Botany, Biology} BSc { agriculture, Physics, Chemistry, Botany, Biology}, BCA or any of the degree which are having the practical aspects and are done in distance mode from any of the University or Deemed to be University irrespective of the four Universities mentioned by the Honourable Supreme Court should be re-examined.
(vii) I would also add here that UGC, AICTE or any of the statutory body in a different domain can confidently assure that the degrees awarded by the Private Universities running all across the country in the different domain ( degree having practical aspects) are as per the standards and protocols laid down by their respective councils. Are these universities having sufficient Infrastructure and faculty and the students who are earning their qualifications are at par with the universities of state/Central or Institute of National Importance, if not then there should be a benchmark/re-exam for such students also to get their degree validate?
I also emphasize that M.Tech./MS is awarded by BITS Pilani in distance mode under Work Integrated Learning Programme.
And AMIE+ MTech; a very- very probable and bright case of both the degrees under distance Mode. And both are not AICTE approved. If these two degrees are valid then why not March of all the candidates who did MTech from these four universities who all were working professional with regular recognised bachelors degree and equipped with all lab support at their workplace.
Now in last 12 years these candidates have secured govt. Jobs as well as earned Phd degrees from renowned central and state universities with hihhy quality research work.
All supervising research on the basis of their knowledge and this could only be possible on the basis of their knowledge and talent and analytical abilities they possess.
Same question comes into my mind against again posted on this platform –
Should the talent be assessed through degree, only? does industries or organisations give further promotion or advanced degree based on previous degree only? Does not the Ph.D student pass their course work before getting Ph.D. Degree? does not Ph.D. student publishes their research papers in SCI indexed journals to get Ph.D degree?
Is M.Tech degree,only, sufficient to get Ph.D degree? However, i am aware of the fact that the basic degree is required to get higher degree.
But if he got admission and proves his talent then my question is “should his degree be cancelled or not”.
So as my opinion, Masters in Technology should be exempted from SC decision.
Please all members who did Mtech should come on same platform and unite together to discuss this matter. Please suggest how we can unite and discuss our case.
It is true Manju. till 2005 there was no clear instruction from AICTE regarding these degrees. Even some reputed news papers have published that AICTE approval was not mandatory for offering these degrees, once the UGC approves it. What is a fault of a conman citizen when there was no coordination between MHRD, AICTE and UGC. Why students have to become scapegoats for the misunderstanding of two reputed Indian apex organisations UGC, AICTE and then blindfolded MHRD. Why supreme court is not blaming them. The verdict of supreme court is really unfortunate. After a huge gap of 10-12 years it is not fair enough to cancel the degree or asking to appear for the test. Supreme court has to rethink in this issue and accept the degrees issued by the above Universities at least up to the stand taken by MHRD in the year 2009
Thanks for making a very comprehensive statement on behalf of various others whose life was hit unexpectedly by this ambiguous judgement. Certainly it lacked the thoroughness which should have gone into a supreme Court judgement
In continuation to the above discussion please go through the following
Gazette of India Part III-Section 4, Dated: 6 January 2016
http://www.aicte-india.org/downloads/clarification_2016.pdf#toolbar=0
The GO says:
1. AMIE along with M.Tech. is eligible for Central Govt. Job. (SI. No.67)
i. AMIE is distance mode degree and was suspended by MHRD in year 2012.
ii. AICTE in its emergent meeting Recognized AMIE in August 2017 (Just before the Final decision of Honorable Supreme Court of India)
iii. M.Tech. is also awarded from various Deemed universities like BITS which are not AICTE recognized, even BITS Hayderabad is not recognized by UGC and AICTE both.
iv. M.Tech. is also awarded by BITS Pilani in distance mode under Work Integrated Learning Programme.
v. ie AMIE+ MTech; a very- very probable and bright case of BOTH the degrees under distance Mode.
2. MS is recognized by AICTE equivalent to M.Tech. (SI.No. 9)
i. MS was awarded by BITS pilani till 2016 under Distance Mode. Now it is renamed M.Tech.
ii. B.Tech is also awarded under Work Integrated Learning Programme in distance mode.
3. MCA has been recognized for qualification as “MCA/M.Sc in Mathematics/ Physics/ Electronics/ Computer Science and allied subjects with ME/M. Tech/Ph. D in Computer Science/ Information Technology to teach in Computer Science, IT & Engg. Courses” with remark “However, existing incumbents recruited as a faculty with these basic minimum qualifications prior to the issue of AICTE Regulations, 2010” (SI No 1)
i. There is strong chances of such candidates having both MCA and ME/ MTech under distance education mode.
ii. Distance education is in technical education at least since 2001, so the possibility of point 3 (i) is very strong.
With ref to the above discussion here are the few more points which in my opinion were not put in front of the Hon’ble Court:
1. The Ex-post-facto recognition were given by the UGC-AICTE-DEC joint committee. Which is also very clear from the letter no. F.6-3(Centre)/2003(CPP-I), dated 13 Nov 2007 addressed to the Vice_chancellor JRN Rajasthaan Vidyapeeth, Rajasthan.
2. The fact that AICTE was also a member of that committee giving Ex-post-facto recognition was NOT made clear to the Hon’ble Court. The letters are available at: http://www.distanceeducationinindia.com/prospectus/rvd.pdf
3. MHRD vide letter no F.2-1/2006 U.3(A) dated April 7, 2006 notified that “It is not a pre-requsite for an institution notified as a ‘Deemed to be University’ to obtain the approval of the AICTE to start any programme in technical or management education leading to an award,….”
4. MHRD vide letter no. D.O. No.6-7/2009-DL, dated 29 July 2009 directed to stop B.E./ B.Tech. ONLY through distance learning in view of UGC Regulation 1985 for the award of first degree under Open Distance Learning. NO DIRECTIONS IN REGARDS TO M.E./ M.TECH. and PhD. (https://www.ugc.ac.in/deb/notices/BTechMTech.pdf).
5. MHRD directed DEC “withdraw permission given to various institutions to conduct B.Tech./B.E. Programmes through distance mode and no student should be admitted in the current year also.”
6. UGC vide letter no. F.No.UGC/DEB/Tech.Edu./1/2015 dated 11-03-2015 under PUBLIC NOTICE notified that the MHRD had directed to stop offering B.E./ B.Tech. through distance learning mode from the year 2009-10. ALSO mentioned that “AICTE in 2010 and 2011 also notified its policy not to recognize the qualifications acquired through distance mode at diploma, bachelors & Master’s level in the field of Engineering and Technology……” http://www.academics-india.com/UGC_ODL-Notice.pdf
7. Now the main point to consider are:
a. The permission to run courses under distance mode to the Universities were given by competent authority.
b. The Ex-post-facto recognition was given by the UGC-AICTE-DEC joint committee that too after several meeting of committee and after physical visit of the committee to the four universities.
c. No separate approval of AICTE need after joint recognition.
d. MHRD directed to stop B.E./ B.Tech. under distance education mode in the year 2009.
e. Only first degree in Engineering as per UGC Regulation 1985 (Also UGC regulation for ODL 2017 implies on this) ie. B.E./ B.Tech were directed by the MHRD to stop from 2009 onwards.
f. AICTE in action came only after 2010 and 2011.
Hence in view of the above:- No need to include the Diploma/ M.E./ MTech and PhD degrees awarded through Distance education Mode at least till 2009 upto which UGC, IGNOU/DEC, MHRD and AICTE etc have no clear-cut policy or direction.
I have few doubt, i would be highly grateful if you reply:
1. Suppose “Mr. X” did M.Tech and his degree gets cancelled after 10-12 years due to some reason, then what will happen to that M.Tech students who are guided by “Mr. X” during these 10-12 years. What will happen to their research publications which were published by the students who are guided by “Mr. X”.? If Mr. X degree is not valid, it means he is B. Tech, only then how can he guide M. Tech Student in past 10-12 years (means after completion of his M. Tech)?
2. What will happen to the “Mr. X ” research publications, which were published in these 10-12 years. Because in each and very publications Mr. X considered himself as “M.Tech” which will not be true after cancellation of the degree. Should his research contribution be withdrawn? Is it possible to cancel his talent?
3. What will happen to the novel idea which were published by “Mr. X” in journals like IEEE transactions, Elsevier, Wiley, etc. (Top Publications). Can “Mr X” novel ideas which were already publish in “IEEE transactions level journals” be withdrawn?
4. Should the talent be assessed through degree, only? does industries or organisations give further promotion or advanced degree based on previous degree only? Does not the Ph.D student pass their course work before getting Ph.D. Degree? does not Ph.D. student publishes their research papers in SCI indexed journals to get Ph.D degree? Is M.Tech degree,only, sufficient to get Ph.D degree? However, i am aware of the fact that the basic degree is required to get higher degree. But if he got admission and proves his talent then my question is “should his degree be cancelled or not”.
5. Should the output of the students after the completion of Diploma/Degree/M.Tech be reviewed?
I have numbers of queries, which i want to share with you, please reply to make these points clear. Honestly, i would be highly grateful.
Kindly come on a common platform like facebook or twiter so that majority of people can add there.
How can any one judge some one in academics after more then a decade ….humble request to the victims of this this decision please come forward and place our position in front of government. .This is retrospective decision and aicte has covered up their faults putting 30000 students rather families at stake …….
The regulatory regime in education offered through the distance mode has been marred with controversy since its inception. The regulator viz. Distance Education Council (DEC) was created under the Indira Gandhi National Open University Act, 1985 (IGNOU) in the year 1992.
What was perplexing was the fact that IGNOU was the largest player in distance education, and the regulator was created under the IGNOU Act. Nonetheless, despite the said apparent conflict of interest, DEC continued to regulate distance education till the year 2012.
The Supreme Court of India in the case of Orissa Lift Irrigation Corporation Limited Vs. Rabi Sankar Patro, while inter-alia dealing with the issue of whether an engineering course could be offered through distance mode, ended up entering a field that was totally unrelated to the case. After examining in-extenso the history of education imparted through the distance mode, it came to a correct conclusion that imparting an engineering course through the distance mode was not permissible without the approval of AICTE.
It also severely criticized the practice of granting ex-post facto approvals, which were completely opposed to the policy statements governing the issue. Also, the Supreme Court set aside the ex-post facto approvals granted by UGC in cases of candidates enrolled during the Academic Sessions 2001-2005 and suspended the degrees of these candidates until AICTE devised modalities to conduct an appropriate test/tests in terms of the judgment.
The Supreme Court, however, directed cancellation of degrees of candidates enrolled after the Academic Sessions 2001-2005 and also directed withdrawal of benefits secured by such candidates. Unfortunately, these candidates did not have the benefit of an audience before the Supreme Court. The Court further directed the CBI to carry out a thorough investigation into the conduct of the concerned officials who dealt with matters concerning grant of permission against the policy statement in this regard.
It is humbly stated that though the judgment is correct in its interpretation of the policy statement which leans towards the lack of desirability of offering a technical course like engineering through the distance mode, the Court lost sight of the fact that the DEC and the joint committee consisting of AICTE, UGC and DEC had granted such permission to institutions for some academic years.
The regulatory regime was clearly in a state of chaos and the grant of permission further compounded a sense of confusion in the minds of the students. This lack of clarity in the regulatory regime resulted in offering of technical courses by institutions for over two decades. While conceding to the fact that some of the deemed universities may have indulged in malpractices, the broad brush directions by the Supreme Court have the potential of taking away the livelihood of lakhs of students who may be gainfully employed in various organisations.
The Supreme Court is known for its magnanimous approach in dispensing justice. Article 142 of the Constitution has always been used to do complete justice between the parties and, therefore, the Supreme Court ought to have made the judgment prospective.
However, woefully, the judgment has created a class within a class between students who took admission during the Academic Years 2001-2005 and students who took admission after 2005. It is humbly stated that this artificial classification is not correct since the only reason for protecting the former class is the post-facto approval granted by the UGC. The Supreme Court has itself deprecated the practice of post-facto approvals in this very judgment, and thus everyone should have been treated equally by giving them one chance to make good the deficiency in their degrees.
The Supreme Court has further directed that the to-be deemed universities should stop using the word “University” within one month of the judgment. The Court has, however, not adverted to certain important sections of the UGC Act, 1956 and the UGC (Institutions Deemed to be University) Regulations, 2016.
Section 2(f) of the UGC Act defines a “University” to mean a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the commission in accordance with regulations made in this behalf under this Act.
Further, Section 3 postulates that the Central government, on the advice of the commission, may declare an institution for higher education as a deemed to be a University for the purposes of this Act and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2.
The judgment of the Supreme Court has clearly missed the merger provision contained in section 3 which merges the deemed to be University post such declaration “as if it were a University within the meaning of clause (f) of section 2”.
The Supreme Court has further missed the critical words employed in section 23 of the UGC Act, 1956 which reads as under:
“No institution, whether a corporate body or not, other than a University established or incorporated by or under a Central Act, a Provincial Act or a State Act shall be entitled to have the word University associated with its name in any manner whatsoever…”
The expression “…other than a University established or incorporated by or under a Central Act,…” clearly means an institution declared as a deemed to be University under section 3 read with section 2(f) of the UGC Act which is a Central Act referred to in section 23 of the Act. Therefore, section 23 of the UGC Act itself permits the institutions deemed to be Universities established by and under the UGC Act to use the word “University”.
Furthermore, by virtue of Section 22 of the UGC Act, the deemed Universities like any other University are entitled to grant degrees and, therefore, the deemed Universities must be treated at par with any other University in identifying itself as a University and associating the word University to its name is an integral part of its very existence.
The Supreme Court has further not even adverted to the UGC (Institutions Deemed to be Universities) Regulations, 2016 and has referred to the earlier regulations of 2010, which stand superseded by the 2016 regulations.
Also, the impression the judgment holds with regard to the lack of regulatory regime for the deemed to be Universities is not correct as a detailed regulatory regime is envisaged in the regulations of 2016. Furthermore, the National Assessment and Accreditation Council (NAAC), an autonomous body under the UGC Act, grades the institutions as A, B and C institutions on scientific parameters where the most important criterion is adherence to all applicable UGC rules and regulations.
The author is an advocate of the Supreme Court of India.
Students took admission for Diploma Engg in the year 2003 after 10th std and subsequently passed out in the year 2006 from JRN Rajasthan Vidyapeeth eill there Diploma be considered valid? since SC order is w.r.t. Degrees. Whether Diploma helders will have to be undergo special Aicte test to secure Diploma. Also can these degrees be considered valid as Non Technical Degrees since Aicte remained silent.
After doing polytechnic diploma from a govt institution, what is the fault having BTech in distance mode education from such deemed universities. Our govt must act on behalf of students. At least the students from poly background must get some relief.
Dear All…
The people sitting at the the top taking these type of decision are dumb or what. They don’t have families or what.They can’t take degrees back or suspend it. Already this much unemployment is there in India. Now what next. Do they want to take lives of these people. How they will take experience back from these students.What about higher degrees people earned on basis of this degrees.. UGC is wrong .
As per the Public Notice issued by AICTE in TOI on 31st October, 2017 and also as per recent news article published in HT (Page 13 of Delhi/NCR edition) on 21st November 2017, AICTE during their”52nd Emergency Meeting” have taken a decision that “Degrees and Diplomas in Engineering and Technology granted by professional bodies, including the Institution of Engineers(India) to thousands of students till May 31, 2013, stands valid “for all purposes” ranging from employment in government sector to higher education”.
Why there is such discrimination at this stage. Why AICTE not considering the grant of recognition to the Engg./Technical Degrees awarded by the Deemed Universities through distance mode acquired by the students upto May 31,2013 when AICTE has already done the same in case of other professional bodies including Institution of Engineers(India) offering the technical education through correspondence/distance mode. Moreover, earlier a joint committee comprising members from UGC, AICTE & DEC had already given their post-facto approval in respect of the Technical/Engg. Courses of the Deemed Universities through distance mode.
what is the situation, whoever completed polytechnic diploma courses/B.tech from theses universities and they went for higher educations M.tech/M.B.A and B.tech courses in other universities ?
It is a clear case of Government Failure and the students have been punished without any fault. The judgement has been pronounced by the Hon’able Supreme Court without listening to the effected students whose carrier has been spoiled. Justice has not been given. Many questions still remain un-answered like: 1. Why the Engg. degrees of only 4 deemed universities have been cancelled whereas many other Universities/deemed universities are offering the technical education through distance learning mode without the approval of AICTE. 2. Even, AMIE (providing Engg. Degree through correspondence/distance mode) is also not approved by AICTE. Why there is such discrimination. 3. If at all any such action was to be taken, it should have been against these Universities/Deemed to be Universities or UGC or DEC but not against the students.
It seems our system is on the verge of collapse. The people working at responsible position in the system should have exibited some amount of maturity. There are many more questions coming up – Is it a valid descision to cancel degrees of these Universities so that thousands of engineering personnel become jobless as early as possible?, Why concerned Universities were allowed to accept the enrollment from the students? Are all students from theses universities employed with Government or public sectors or a burden on government?. Why so called aptitude test being arranged for 2001 to 2005 only why not up to 2017?. If we want to make india clean say goodbye to resevstion, blackmoney, disappropriate assets & corruption etc etc. We must understand that cancellation of degrees of thousands of engineers means we are making them jobless, harrassing them, demoralising them, questioning their dignity etc that to just for nothing.
In today’s world of digital Era distance education should be encouraged.
No companies will consider these degrees without prior experience in this sector, student who spend 4 years for this will have an expectation to do higher studies, now in trouble, the one who qualified with these degree have to write many exams to get job. There they will fail then why these kind of suspension and withdrawal. Securing promotion using these degrees can be canceled that is right. Spoiling future of candidates who have the planning to do higher studies is purely injustice. A BTech holder from. Such University have to write many entrance exam test to do higher studies in reputed institutions. Unless he/she studied well they won’t be able to secure higher position.
Giving a test at the age of 45 nd that too in such a stress is a big challenge for the students. Loosing the jobs at this point of time in life will be very dipressing and should be avoided.
Employment opportunities for Engineers are plenty but knowledgeable freshers are few. Engg degrees are virtually being sold. What about AICTE approved Engg Colleges running Non attending B Tech and MTwch Courses. On the name of attendance they charge huge fines. Corruption and greed are to be blamed.
The move to ask these institutions not to call themselves universities is a good move, however, to be institutions deemed to be universities is supposed to be based on their excellence as institutions…. education in the hands of politicians, builders etc is the biggest scam ever, 2G is a minuscule one in comparison!
kindly share your phone numbers to my number 8296995929. we all join hands to fight against the in-justice
Its really very wrong decision. Now what we all will do .either we prepare for exam or fight against UGC-AICTE what to do ? I’m very much confused.
when will review petition will be heard,will it be stay on conducting the exam
Sir,
I am really astonished to get such a decision of the honourable Supreme Court. After so many years this issue has come up and that too for only four universities. Total injustice with us. I am with u all.
What about student after 2005
2018 addmission students,what are they do.
This is very unfair decision, we should fight for review of this verdict. I scare, even though we go for review how long it is going to get out of this trouble? what is the condition of victims till that time?
Govt can bring in ordinance, if the case has the merit.
It is an irony that some one is asked for a retest of subjects years later, people have acquired qualifications based on these degrees. Many have settled in job profile doing better than those from institutions of learning approved by AICTE
Go to many of such colleges the reality will come to forefront . It is clear that Learned Judges were biased by the two consultants since there was no representation of the students or the universities ,the decision seems biased. Judges purely go by legal books thus logic may not apply at times. There may be other recourse available like filing petition in MHRD, President or approach the PMO for reconsideration.
I have done my M.tech frm RVD university, I know ugc with AICTE will conduct a test to make it regular degree in the month of may2018. But the syllabus and pattern of the test is not given anywhere. I heard that there will be a GATE type test for B.Tech students, but what ant MTech students. Will there be negative marking.?
Really it’s very difficult to prepare all the subjects after 12 years and we couldn’t get the syllabus and test pattern till the date. I mailed AICTE many times in this regard , but couldn’t get any response from them for a month.
If any one has any idea in this regard, pls let me know , I will be highly obliged.
My number is 9811209464.
Undeniably imagine that that you stated. Your favorite reason seemed to be on the web the simplest factor to keep in mind of. I say to you, I certainly get annoyed whilst other people consider worries that they plainly don’t recognize about. You controlled to hit the nail upon the top as smartly as outlined out the entire thing with no need side-effects , other folks can take a signal. Will likely be again to get more. Thanks
Some Government Universities are still (2017-18) offering Diploma and Degree i.e. Diploma (Engineering) and B.E. or B.Tech. through distance mode. – B.Tech. (Marine Engg) : great marine engg. that too in distance !
One example is Yashwantrao Chavan Open University (I think its a Govt. University)
go through the link
http://ycmou.digitaluniversity.ac/WebFiles/YCMOU%20AST%20Prospectus%202017-2018%2020170624.pdf
Students should not be punished
As per constitution No descremination while justifying case in any Court. If No technical education is permissible through distance mode then all such courses should be banned henceforth..but not restrospectively. Aicte should not be empowered to permit such
Technical, Medical science by all means but old Degrees should not be cancelled…and if to be cancelled then all degrees including Amie etc should be treated equally…no benefit of doubt to be given or to be given to all.
Adv Deepak Kunwar was also involved in the case at High Court of Haryana
He must be aware of the facts.
So go ahead
We are group of 20 and have decided to file review in supreme court. All those interested kindly contact Dr. Sandeep Dhaiya 9416776660
Dear friends, let us unit together and legally fight to bring back our dignity. I honestly request each & every victims engineers friends to create what’sapp group, so that we can immediately get in touch with each other. My no#9774975091
AICTE had not shown all the Fact to Hon’ble Supreme Court.
AICTE Chairman Prof. R.A. Yadav, Chairman, AICTE attended the meeting as Special Invitee the 447th Meeting held on 21st May, 2008 at 10.00 A.M. The Commission ratified the action taken by the Chairman, UGC.
This is in connection to the Review of Ex-Post-Facto approval given to the four Universities.
https://www.ugc.ac.in/oldpdf/commissiondecision/447.pdf
Also the meeting held on 7.08.2007 a member from AICTE Prof. Grover was presnt.
i.e. AICTE was much involved in the decision of granting Ex-Post-Facto approval but it hided in the Court.
There are people who are coming forward to file Review petition at the Hon’ble Supre court.
what we need is LARGE NUMBER OF REPRESENTATION .
So come forward what so ever your group strength is.
No body is going to help any one.
one has to take care of self.
COME in front and put your side to the Hon’ble Supreme Court.
Judgement is quite confusing
What test ? Howmay papers and how it will be conducted?
It’s almost impossible for anyone to write and pass same exams after 10 years. What is the consequence if failed?
The late judgement is unfair. The punishment should go to UGC if any why it is for students?
Please let me know How to support to the team consulting advocate?
your contact no plz
My contact number # 9774975091
+918601608555
9538802447
Please let me know if I can be of some help,i have passed BTech from IASE in 2007.
My contact +919867309010
I am with you guys. Please someone take initiative on negative sequence. I respect Supreme Court verdict but it’s really impacting innocent people who worked hard in their life for their family. They should find something alternative to stop this issue but not this way.
What the Govt should look into is the contribution made by the the people who are being affected by the decision. Many of the people have achieved a lot and also contributed a lot to the society in terms of academic services, Research, social services etc. It is not fair to just simply ignore 12 years of efforts and contributions. The fees may be returned by the universities, but who, if at all possible, will return the lost 12 years of a person’s life.
Very nice analysis, I am in touch with an advocate of supreme court regarding this matter, Those who are interested may join,
kindly suggest how to join, i along with my friends willing to join
Your appreciation is further exciting me to extend the queries from number (11):
(12) Is written test sufficient to prove the talent of Mr. X? If yes, then such test already qualified by Mr. X, with excellent CGPA, during his Ph.D. course work along with students who are M.Tech from renowned universities. Should not the mark sheet of course work of Ph.D. be considered to assess the talent of the students?.
(13) Is written test sufficient to prove the talent of Mr. X? If yes, then Mr. X has already qualified in GATE (4-times). Also, at the time of admission in Ph.D., he has valid GATE score card. Should not GATE score be considered to assess the talent of the students?
Please clear my doubts, i am further very keen to extend my another queries.
plz share your contact no.
Please share your contact number so that we can fight together.
(14) Is it unfortunate that, Mr. X, whose M.Tech student has paper in IEEE Journal, is now fighting for his M.Tech degree instead of doing research?
(15) Is it unfortunate that, Mr. X, who has numbers of papers in SCI indexed journal with high impact factor (including IEEE transactions) is now planning to open shop for the survival of his family?
(16) For which we are going to fight? With whom we are going to fight?
Fight is not solution my dear friend. There is something wrong, we should go in depth of the root cause and try to search best and practical solution.
In addition to think what DEC/AICTE/UGC says about these four universities, there is also need to do impact analysis. Impact analysis plays vital role for design, development, and technical growth of the nation. Therefore, we need to think the negative consequence which may exist due to implementation of this decision. For this reason my comments cover that part, only. However, i am aware of all the letters, whose links are provided on above posts.
Very important question please read and understand the issue:
First Case:
(10) If “Mr. Y” Ph.D. research guide is Dr. X. Mr. Y has now become Dr. Y under the guidance of “Dr. X”. Now if degree of “Dr. X” is cancelled then what will happen to Dr. Y? Is country ready to accept “Dr. Y” Ph. D guide is Mr. X (Earlier Dr. X) who is B.Tech, only.
Second Case:
(11) Suppose Dr. X is guiding 4-5 research scholars from last three-four years and their researcher scholars are now at the stage of completing Ph.D. Suddenly degree of Dr. X is cancelled and he became Mr. X. Then, what will happen to their research scholars. Will they select new guide and give next 4-5 years for completing their Ph.D?
Who are the real victim? only Mr. X?. There is lot of confusions and queries i have stored. Please clarify?
After looking into numbers of feedback in this platform i am again excited to extend some of more common queries of about Mr. X
If Mr. X decides to open shop for the survival of his family and quit his all research work due to cancellation of his degree then:
(6) Is Mr. X loosing his degree, only, country is not going to loose a good researcher who has great potential to publish their work in journals, like IEEE transactions, Elsevier, Springer, etc. In fact the research works, publish in IEEE transactions level journals, are appreciated and cited for further research by the myriads of researchers across the globe. Therefore, such a research contribution need same importance as given to ‘100/200 runs’ in cricket. The importance to research is highly desirable for technical growth of the any nation. Honestly, it is unfortunate that here Mr. X is fighting for the survival of his family in stead of doing research and now planning to open shop. Can you imagine the mental status of Mr. X, now? Is this issue only for the victims ?
(7) Is it possible that any degree is valid at the time of admission in higher education but now become invalid after the completion of higher education. While Mr. X has satisfied (passed) all the parameters, as set by concerned university under the guidance of UGC/AICTE, to complete their higher education. That is Mr. X has also passed in their course work , gave thesis presentation, publish papers, etc. His thesis is reviewed by external reviewer, and based on reviewers comments, based on his publications, based on his performances, Mr X got the degree.
(8) What extra thing has been done by the other students, who have done their M.Tech Degree from NIT/IITs, for completing their Ph.D. Degree that is not done by Mr. X?
(9) Should Mr. X performance during his Ph.D. work be compared with his batch-mates who have done their M.Tech from NITs/IITs before cancellation of his degree?
Persons qualified long back as in 2006 are now, either placed in different important positions or moved abroad. It is very astonishing for them to note that all of a sudden their degrees are seized, which they have earned with efforts and zeal. This might happen to their other degrees as well, in due course of time.
1. Also, it is more intresting that only one test will aceratin that they are eligible for the degrees. How can a professional qualification be justified as right or wrong by a single test. In addition to above, the candidates has to appear in the test after 11 years, which is again notable that how honorable court is so sure about the same mental and physical fitness of the candidates appearing as it was at that time, when he qualified.
2. The question was related to graduate engineers and no way related to masters program as labs are not that essential in masters as in graduation level.
3. Honorable court has not been informed about the study centers properly as there were full equipped study centers as well, and are situated in reputed Universities.
Therefore it is my humble submission that, honarable court must review the orders in light of above facts and enquire the complete information before proceeding to implementation of the orders. Also, we in India look the judiciory as an apex and respectable body and do not expect such decisions which tends to alter the truthful image of the judiciory system of India. So the let the public be honoured for their beliefs.
Sanjay
I request to ho’ble concern organisation and individual,please rethink over the issue and exempt from any affect or exam
I did my BTech from a rupted central university and did my Phd from a reputed pvt university.I have published many national /international numbers of research papers in IEEE, scopus & SCi index journals.I am expert of my area now .Let me ask a question, Is it not very late to welcome such a late & vauge decision,I mean how could I deserve to loose my degrees/publications or designation and my bread butter which I am earning for my family because of the only mistake of UGC / AICTE or some other such reputed educational organisation. Where is my fault ? If any such candiates commited to suicide or family members got heart attack and other such severe incident happens then who will be responsible ,supreme court,AICTE or UGC.If all loose my career than who will give compensation of so my future career .
So I humbly request to ho’ble supreme court & all concern organisation to rethink over this major issue and resolve it by exempting of any qualifying exam which many can not be clear aftr so many years of his /her degree.
As far as M.Tech is considered for PhD degree as eligibility.
In my opinion many IITs, IIMs and other university or institutions are taking BE or BTech as minimum eligibility for admission to PhD degree.
Also PhD degree is EARNED and there is NO DIRECT contribution of BTech or MTech.
Both the events are independent events.
One Example: Suppose a candidate got admitted on OBC Non-Creamy layer seat at any institute and EARNED his PhD degree. After some time he comes to creamy Layer category, deoe it means his degree get cancelled!
So come forward on this point is one has REGULAR BTech degree and had Admitted to AICTE recognized University or Institute for PhD then there should be EXEMPTION of such candidates from the current Judgment.
This decision comes as a blow to all of us who have degrees from one of these four universities, especially the M. Tech degree, and who have been working on respectable posts for the past 13/14 yrs. It’s a very unfair decision as far as these students are concerned, who put in their money, time and hard work to earn these degrees and on the basis of which they got promotions and in some cases govt and private jobs. All these years of hard work will go down the drain by this unfair decision by the honorable supreme Court. Taking tests at this age, in all the subjects, while we have gained experience and expertise in one or two based on our research areas, is very difficult to sat the least. Also, as someone has rightly put in the forum, what abt the research work and research students we hv guided since then. Will all that be scrapped too.
We all need to get together and fight this injustice and the more we assemble, the better our chances. So let’s all get together and fight this.
Your contact no plz
There are many IITs, IIMs and other institutes which are awarding PhD degree on the basis of B.E. or B.Tech Degree .
B.E. / B.Tech/ M.E. or M.Tech. is only a eligibility criterion for the admission to the PhD degree. But the PhD degree is “EARNED” by the proper process of the University or institute concerned.
In my personnel opinion this PhD degree which is EARNED by the concerned that too when at the time of admission ME or MTech was valid, need not to be come under the preview of this decisions and one exemption for those who EARNED or PERUSING PhD should be exempted from this decision.
We have faith and respect to the Honourable Supreme Court but people will lose their faith from the Honourable SC.If such type of decision comes.
Honourable Supreme court is giving the logic that “At this stage(After 15 years ) it’s not possible to inspect the Study center/ Institutes. So Check the Candidate by taking Examination “ Following are the queries related to this :
(i) Degrees in the related field means he/she has knowledge in their field. If they are working for last 15 years then why u need to check from scratch. The decision maker should ask this same question to the self, if they have to appear(in 6 months) for their degree examination with the present workload and without leave.How many of them clear the examination.
(ii) Due credit needs to be given to the experience and ACR. In medical doctors are treating the live human being and if they do any mistakes their life will be at stake .even then RMP degrees are given on the basis of experience no study is required.
(iii) This is very interesting due to the negligence of regulatory bodies candidates are suffering.
(iv) In a complete case, they are saying engineering degree. A degree means Diploma /Bachelors and Masters. Court has taken the case of all with same philosophy but there is lots of difference.Lets take one example if X had done his BE in regular mode from AICTE recognized college then he Joined the post of Lecturer ( at that time qualification of the lecturer was BE) then he did M.Tech in Computer Science, not in Computer Science and Engineering then PhD from IIT/Govt University through a proper selection procedure. How his degree can be compared the BE distance education. The prerequisite for BE is 12 and for Mtech(CS) is BE/MSc/MCA. A MSc person Mtech can be called as an Engineer. IIT conduct M.Tech in Physics can you call it an engineering degree if no then why are you putting the philosophy of BE degree on M.Tech .In BE degree you have to go through a lot of hardware related practical work even in CSE . The first year is common for all the branches and they have to workshop Jon. The case of M.Tech is different.
(v) All Study centers were equipped with Computer. M.Tech in Computer science needs only computer .M.Tech in Mechanical/Electronics/ CSE(Computer Science and Engineering) need other hardware related equipment for practical.
(vi) AICTE has exempted MCA degree to get re-examined by the candidates. The question arises here that does the MCA program doesn’t have any practical aspect, if not than the syllabus of M.Tech(CS & IT) is at par with the MCA syllabus. In this case the either the M.Tech CS/IT students should also get relief or the MCA degree should be re-examined. And not only MCA , but all the degrees ( Architecture, Pharmacy, Hotel Management, town planning, MCA, M.Sc { agriculture, Physics, Chemistry, Botany, Biology} BSc { agriculture, Physics, Chemistry, Botany, Biology}, BCA or any of the degree which are having the practical aspects and are done in distance mode from any of the University or Deemed to be University irrespective of the four Universities mentioned by the Honourable Supreme Court should be re-examined.
(vii) I would also add here that UGC, AICTE or any of the statutory body in a different domain can confidently assure that the degrees awarded by the Private Universities running all across the country in the different domain ( degree having practical aspects) are as per the standards and protocols laid down by their respective councils. Are these universities having sufficient Infrastructure and faculty and the students who are earning their qualifications are at par with the universities of state/Central or Institute of National Importance, if not then there should be a benchmark/re-exam for such students also to get their degree validate?
I also emphasize that M.Tech./MS is awarded by BITS Pilani in distance mode under Work Integrated Learning Programme.
And AMIE+ MTech; a very- very probable and bright case of both the degrees under distance Mode. And both are not AICTE approved. If these two degrees are valid then why not March of all the candidates who did MTech from these four universities who all were working professional with regular recognised bachelors degree and equipped with all lab support at their workplace.
Now in last 12 years these candidates have secured govt. Jobs as well as earned Phd degrees from renowned central and state universities with hihhy quality research work.
All supervising research on the basis of their knowledge and this could only be possible on the basis of their knowledge and talent and analytical abilities they possess.
Same question comes into my mind against again posted on this platform –
Should the talent be assessed through degree, only? does industries or organisations give further promotion or advanced degree based on previous degree only? Does not the Ph.D student pass their course work before getting Ph.D. Degree? does not Ph.D. student publishes their research papers in SCI indexed journals to get Ph.D degree?
Is M.Tech degree,only, sufficient to get Ph.D degree? However, i am aware of the fact that the basic degree is required to get higher degree.
But if he got admission and proves his talent then my question is “should his degree be cancelled or not”.
So as my opinion, Masters in Technology should be exempted from SC decision.
Please all members who did Mtech should come on same platform and unite together to discuss this matter. Please suggest how we can unite and discuss our case.
It is true Manju. till 2005 there was no clear instruction from AICTE regarding these degrees. Even some reputed news papers have published that AICTE approval was not mandatory for offering these degrees, once the UGC approves it. What is a fault of a conman citizen when there was no coordination between MHRD, AICTE and UGC. Why students have to become scapegoats for the misunderstanding of two reputed Indian apex organisations UGC, AICTE and then blindfolded MHRD. Why supreme court is not blaming them. The verdict of supreme court is really unfortunate. After a huge gap of 10-12 years it is not fair enough to cancel the degree or asking to appear for the test. Supreme court has to rethink in this issue and accept the degrees issued by the above Universities at least up to the stand taken by MHRD in the year 2009
Thanks for making a very comprehensive statement on behalf of various others whose life was hit unexpectedly by this ambiguous judgement. Certainly it lacked the thoroughness which should have gone into a supreme Court judgement
Mr Amit Kumar can you share your number. There students who want to go back to court and ask for review and justice.
sure
In continuation to the above discussion please go through the following
Gazette of India Part III-Section 4, Dated: 6 January 2016
http://www.aicte-india.org/downloads/clarification_2016.pdf#toolbar=0
The GO says:
1. AMIE along with M.Tech. is eligible for Central Govt. Job. (SI. No.67)
i. AMIE is distance mode degree and was suspended by MHRD in year 2012.
ii. AICTE in its emergent meeting Recognized AMIE in August 2017 (Just before the Final decision of Honorable Supreme Court of India)
iii. M.Tech. is also awarded from various Deemed universities like BITS which are not AICTE recognized, even BITS Hayderabad is not recognized by UGC and AICTE both.
iv. M.Tech. is also awarded by BITS Pilani in distance mode under Work Integrated Learning Programme.
v. ie AMIE+ MTech; a very- very probable and bright case of BOTH the degrees under distance Mode.
2. MS is recognized by AICTE equivalent to M.Tech. (SI.No. 9)
i. MS was awarded by BITS pilani till 2016 under Distance Mode. Now it is renamed M.Tech.
ii. B.Tech is also awarded under Work Integrated Learning Programme in distance mode.
3. MCA has been recognized for qualification as “MCA/M.Sc in Mathematics/ Physics/ Electronics/ Computer Science and allied subjects with ME/M. Tech/Ph. D in Computer Science/ Information Technology to teach in Computer Science, IT & Engg. Courses” with remark “However, existing incumbents recruited as a faculty with these basic minimum qualifications prior to the issue of AICTE Regulations, 2010” (SI No 1)
i. There is strong chances of such candidates having both MCA and ME/ MTech under distance education mode.
ii. Distance education is in technical education at least since 2001, so the possibility of point 3 (i) is very strong.
With ref to the above discussion here are the few more points which in my opinion were not put in front of the Hon’ble Court:
1. The Ex-post-facto recognition were given by the UGC-AICTE-DEC joint committee. Which is also very clear from the letter no. F.6-3(Centre)/2003(CPP-I), dated 13 Nov 2007 addressed to the Vice_chancellor JRN Rajasthaan Vidyapeeth, Rajasthan.
2. The fact that AICTE was also a member of that committee giving Ex-post-facto recognition was NOT made clear to the Hon’ble Court. The letters are available at: http://www.distanceeducationinindia.com/prospectus/rvd.pdf
3. MHRD vide letter no F.2-1/2006 U.3(A) dated April 7, 2006 notified that “It is not a pre-requsite for an institution notified as a ‘Deemed to be University’ to obtain the approval of the AICTE to start any programme in technical or management education leading to an award,….”
4. MHRD vide letter no. D.O. No.6-7/2009-DL, dated 29 July 2009 directed to stop B.E./ B.Tech. ONLY through distance learning in view of UGC Regulation 1985 for the award of first degree under Open Distance Learning. NO DIRECTIONS IN REGARDS TO M.E./ M.TECH. and PhD. (https://www.ugc.ac.in/deb/notices/BTechMTech.pdf).
5. MHRD directed DEC “withdraw permission given to various institutions to conduct B.Tech./B.E. Programmes through distance mode and no student should be admitted in the current year also.”
6. UGC vide letter no. F.No.UGC/DEB/Tech.Edu./1/2015 dated 11-03-2015 under PUBLIC NOTICE notified that the MHRD had directed to stop offering B.E./ B.Tech. through distance learning mode from the year 2009-10. ALSO mentioned that “AICTE in 2010 and 2011 also notified its policy not to recognize the qualifications acquired through distance mode at diploma, bachelors & Master’s level in the field of Engineering and Technology……” http://www.academics-india.com/UGC_ODL-Notice.pdf
7. Now the main point to consider are:
a. The permission to run courses under distance mode to the Universities were given by competent authority.
b. The Ex-post-facto recognition was given by the UGC-AICTE-DEC joint committee that too after several meeting of committee and after physical visit of the committee to the four universities.
c. No separate approval of AICTE need after joint recognition.
d. MHRD directed to stop B.E./ B.Tech. under distance education mode in the year 2009.
e. Only first degree in Engineering as per UGC Regulation 1985 (Also UGC regulation for ODL 2017 implies on this) ie. B.E./ B.Tech were directed by the MHRD to stop from 2009 onwards.
f. AICTE in action came only after 2010 and 2011.
Hence in view of the above:- No need to include the Diploma/ M.E./ MTech and PhD degrees awarded through Distance education Mode at least till 2009 upto which UGC, IGNOU/DEC, MHRD and AICTE etc have no clear-cut policy or direction.
I have few doubt, i would be highly grateful if you reply:
1. Suppose “Mr. X” did M.Tech and his degree gets cancelled after 10-12 years due to some reason, then what will happen to that M.Tech students who are guided by “Mr. X” during these 10-12 years. What will happen to their research publications which were published by the students who are guided by “Mr. X”.? If Mr. X degree is not valid, it means he is B. Tech, only then how can he guide M. Tech Student in past 10-12 years (means after completion of his M. Tech)?
2. What will happen to the “Mr. X ” research publications, which were published in these 10-12 years. Because in each and very publications Mr. X considered himself as “M.Tech” which will not be true after cancellation of the degree. Should his research contribution be withdrawn? Is it possible to cancel his talent?
3. What will happen to the novel idea which were published by “Mr. X” in journals like IEEE transactions, Elsevier, Wiley, etc. (Top Publications). Can “Mr X” novel ideas which were already publish in “IEEE transactions level journals” be withdrawn?
4. Should the talent be assessed through degree, only? does industries or organisations give further promotion or advanced degree based on previous degree only? Does not the Ph.D student pass their course work before getting Ph.D. Degree? does not Ph.D. student publishes their research papers in SCI indexed journals to get Ph.D degree? Is M.Tech degree,only, sufficient to get Ph.D degree? However, i am aware of the fact that the basic degree is required to get higher degree. But if he got admission and proves his talent then my question is “should his degree be cancelled or not”.
5. Should the output of the students after the completion of Diploma/Degree/M.Tech be reviewed?
I have numbers of queries, which i want to share with you, please reply to make these points clear. Honestly, i would be highly grateful.
Kindly come on a common platform like facebook or twiter so that majority of people can add there.
How can any one judge some one in academics after more then a decade ….humble request to the victims of this this decision please come forward and place our position in front of government. .This is retrospective decision and aicte has covered up their faults putting 30000 students rather families at stake …….
Anupam Lal Das
The regulatory regime in education offered through the distance mode has been marred with controversy since its inception. The regulator viz. Distance Education Council (DEC) was created under the Indira Gandhi National Open University Act, 1985 (IGNOU) in the year 1992.
What was perplexing was the fact that IGNOU was the largest player in distance education, and the regulator was created under the IGNOU Act. Nonetheless, despite the said apparent conflict of interest, DEC continued to regulate distance education till the year 2012.
The Supreme Court of India in the case of Orissa Lift Irrigation Corporation Limited Vs. Rabi Sankar Patro, while inter-alia dealing with the issue of whether an engineering course could be offered through distance mode, ended up entering a field that was totally unrelated to the case. After examining in-extenso the history of education imparted through the distance mode, it came to a correct conclusion that imparting an engineering course through the distance mode was not permissible without the approval of AICTE.
It also severely criticized the practice of granting ex-post facto approvals, which were completely opposed to the policy statements governing the issue. Also, the Supreme Court set aside the ex-post facto approvals granted by UGC in cases of candidates enrolled during the Academic Sessions 2001-2005 and suspended the degrees of these candidates until AICTE devised modalities to conduct an appropriate test/tests in terms of the judgment.
The Supreme Court, however, directed cancellation of degrees of candidates enrolled after the Academic Sessions 2001-2005 and also directed withdrawal of benefits secured by such candidates. Unfortunately, these candidates did not have the benefit of an audience before the Supreme Court. The Court further directed the CBI to carry out a thorough investigation into the conduct of the concerned officials who dealt with matters concerning grant of permission against the policy statement in this regard.
It is humbly stated that though the judgment is correct in its interpretation of the policy statement which leans towards the lack of desirability of offering a technical course like engineering through the distance mode, the Court lost sight of the fact that the DEC and the joint committee consisting of AICTE, UGC and DEC had granted such permission to institutions for some academic years.
The regulatory regime was clearly in a state of chaos and the grant of permission further compounded a sense of confusion in the minds of the students. This lack of clarity in the regulatory regime resulted in offering of technical courses by institutions for over two decades. While conceding to the fact that some of the deemed universities may have indulged in malpractices, the broad brush directions by the Supreme Court have the potential of taking away the livelihood of lakhs of students who may be gainfully employed in various organisations.
The Supreme Court is known for its magnanimous approach in dispensing justice. Article 142 of the Constitution has always been used to do complete justice between the parties and, therefore, the Supreme Court ought to have made the judgment prospective.
However, woefully, the judgment has created a class within a class between students who took admission during the Academic Years 2001-2005 and students who took admission after 2005. It is humbly stated that this artificial classification is not correct since the only reason for protecting the former class is the post-facto approval granted by the UGC. The Supreme Court has itself deprecated the practice of post-facto approvals in this very judgment, and thus everyone should have been treated equally by giving them one chance to make good the deficiency in their degrees.
The Supreme Court has further directed that the to-be deemed universities should stop using the word “University” within one month of the judgment. The Court has, however, not adverted to certain important sections of the UGC Act, 1956 and the UGC (Institutions Deemed to be University) Regulations, 2016.
Section 2(f) of the UGC Act defines a “University” to mean a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the commission in accordance with regulations made in this behalf under this Act.
Further, Section 3 postulates that the Central government, on the advice of the commission, may declare an institution for higher education as a deemed to be a University for the purposes of this Act and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2.
The judgment of the Supreme Court has clearly missed the merger provision contained in section 3 which merges the deemed to be University post such declaration “as if it were a University within the meaning of clause (f) of section 2”.
The Supreme Court has further missed the critical words employed in section 23 of the UGC Act, 1956 which reads as under:
“No institution, whether a corporate body or not, other than a University established or incorporated by or under a Central Act, a Provincial Act or a State Act shall be entitled to have the word University associated with its name in any manner whatsoever…”
The expression “…other than a University established or incorporated by or under a Central Act,…” clearly means an institution declared as a deemed to be University under section 3 read with section 2(f) of the UGC Act which is a Central Act referred to in section 23 of the Act. Therefore, section 23 of the UGC Act itself permits the institutions deemed to be Universities established by and under the UGC Act to use the word “University”.
Furthermore, by virtue of Section 22 of the UGC Act, the deemed Universities like any other University are entitled to grant degrees and, therefore, the deemed Universities must be treated at par with any other University in identifying itself as a University and associating the word University to its name is an integral part of its very existence.
The Supreme Court has further not even adverted to the UGC (Institutions Deemed to be Universities) Regulations, 2016 and has referred to the earlier regulations of 2010, which stand superseded by the 2016 regulations.
Also, the impression the judgment holds with regard to the lack of regulatory regime for the deemed to be Universities is not correct as a detailed regulatory regime is envisaged in the regulations of 2016. Furthermore, the National Assessment and Accreditation Council (NAAC), an autonomous body under the UGC Act, grades the institutions as A, B and C institutions on scientific parameters where the most important criterion is adherence to all applicable UGC rules and regulations.
The author is an advocate of the Supreme Court of India.
Students took admission for Diploma Engg in the year 2003 after 10th std and subsequently passed out in the year 2006 from JRN Rajasthan Vidyapeeth eill there Diploma be considered valid? since SC order is w.r.t. Degrees. Whether Diploma helders will have to be undergo special Aicte test to secure Diploma. Also can these degrees be considered valid as Non Technical Degrees since Aicte remained silent.
After doing polytechnic diploma from a govt institution, what is the fault having BTech in distance mode education from such deemed universities. Our govt must act on behalf of students. At least the students from poly background must get some relief.
Dear All…
The people sitting at the the top taking these type of decision are dumb or what. They don’t have families or what.They can’t take degrees back or suspend it. Already this much unemployment is there in India. Now what next. Do they want to take lives of these people. How they will take experience back from these students.What about higher degrees people earned on basis of this degrees.. UGC is wrong .
Though there is lots of respect on judiciary, scrapping degrees is hasty, at the fault of UGC and others where are in power.
As per the Public Notice issued by AICTE in TOI on 31st October, 2017 and also as per recent news article published in HT (Page 13 of Delhi/NCR edition) on 21st November 2017, AICTE during their”52nd Emergency Meeting” have taken a decision that “Degrees and Diplomas in Engineering and Technology granted by professional bodies, including the Institution of Engineers(India) to thousands of students till May 31, 2013, stands valid “for all purposes” ranging from employment in government sector to higher education”.
Why there is such discrimination at this stage. Why AICTE not considering the grant of recognition to the Engg./Technical Degrees awarded by the Deemed Universities through distance mode acquired by the students upto May 31,2013 when AICTE has already done the same in case of other professional bodies including Institution of Engineers(India) offering the technical education through correspondence/distance mode. Moreover, earlier a joint committee comprising members from UGC, AICTE & DEC had already given their post-facto approval in respect of the Technical/Engg. Courses of the Deemed Universities through distance mode.
what is the situation, whoever completed polytechnic diploma courses/B.tech from theses universities and they went for higher educations M.tech/M.B.A and B.tech courses in other universities ?
Now, they will cancel higher educations also …..?
my dear friend
its not the time to just sit and ask questions
if you are sufferer , come forward
TELL me my mob 7007030400
who was sleeping for this long??? And why should the guys who studies and got employed suffer for someone”s mistakes?// Is this justice???
It is a clear case of Government Failure and the students have been punished without any fault. The judgement has been pronounced by the Hon’able Supreme Court without listening to the effected students whose carrier has been spoiled. Justice has not been given. Many questions still remain un-answered like: 1. Why the Engg. degrees of only 4 deemed universities have been cancelled whereas many other Universities/deemed universities are offering the technical education through distance learning mode without the approval of AICTE. 2. Even, AMIE (providing Engg. Degree through correspondence/distance mode) is also not approved by AICTE. Why there is such discrimination. 3. If at all any such action was to be taken, it should have been against these Universities/Deemed to be Universities or UGC or DEC but not against the students.
It seems our system is on the verge of collapse. The people working at responsible position in the system should have exibited some amount of maturity. There are many more questions coming up – Is it a valid descision to cancel degrees of these Universities so that thousands of engineering personnel become jobless as early as possible?, Why concerned Universities were allowed to accept the enrollment from the students? Are all students from theses universities employed with Government or public sectors or a burden on government?. Why so called aptitude test being arranged for 2001 to 2005 only why not up to 2017?. If we want to make india clean say goodbye to resevstion, blackmoney, disappropriate assets & corruption etc etc. We must understand that cancellation of degrees of thousands of engineers means we are making them jobless, harrassing them, demoralising them, questioning their dignity etc that to just for nothing.
In today’s world of digital Era distance education should be encouraged.
No companies will consider these degrees without prior experience in this sector, student who spend 4 years for this will have an expectation to do higher studies, now in trouble, the one who qualified with these degree have to write many exams to get job. There they will fail then why these kind of suspension and withdrawal. Securing promotion using these degrees can be canceled that is right. Spoiling future of candidates who have the planning to do higher studies is purely injustice. A BTech holder from. Such University have to write many entrance exam test to do higher studies in reputed institutions. Unless he/she studied well they won’t be able to secure higher position.
Giving a test at the age of 45 nd that too in such a stress is a big challenge for the students. Loosing the jobs at this point of time in life will be very dipressing and should be avoided.
Why not the officials and signing authorities of UGC.AICTE be punished for for misleading 100 lakh of students….
Employment opportunities for Engineers are plenty but knowledgeable freshers are few. Engg degrees are virtually being sold. What about AICTE approved Engg Colleges running Non attending B Tech and MTwch Courses. On the name of attendance they charge huge fines. Corruption and greed are to be blamed.
The move to ask these institutions not to call themselves universities is a good move, however, to be institutions deemed to be universities is supposed to be based on their excellence as institutions…. education in the hands of politicians, builders etc is the biggest scam ever, 2G is a minuscule one in comparison!