Vinit Garg vs University Grants Commission,

3. The petitioners who are diploma holders in Civil/ Computer Science/ Electrical/ Mechanical Engineering and working in the Government of Punjab have stated that they were selected for the B.Tech. degree course through the distance mode programme on the basis of competitive examination conducted by TIET, Patiala, which is deemed to be a university under Section 3 of the University Grants Commission Act, 1956 (hereinafter referred to as ‘UGC Act’). The petitioners highlight that TIET, Patiala, rated as one of the premier engineering universities/colleges by the Ministry of Human Resource Development, Government of India, was set up in 1956 for promoting the study of technical education and has a 250 acre campus located in Patiala with teaching faculty strength of 391, including 301 Ph.D. holders, and Writ Petition (Civil) No. 1510 of 2018 Page 2 of 35 undertakes 11 undergraduate courses and 23 postgraduate courses. The total strength of students is more than 8000 with nearly 700 research students doing Ph.D. The National Assessment and Accreditation Council, an autonomous body established by the Ministry of Human Resource Development, Government of India, has accredited the said institution/deemed to be university Grade ‘A’ status besides placing the institution in Tier-I accreditation. Distance Education Council (hereinafter referred to as ‘DEC’) vide its letter dated 3rd September, 2007 had granted provisional recognition to TIET, Patiala for offering programmes through distance mode for a period of one year on the basis of which TIET, Patiala had offered B.Tech. degree in Civil / Computer Science / Electrical / Mechanical Engineering to working professionals who already had a diploma and had at least two years’ experience in the respective branches in engineering in the academic years 2007-08 and 2008-09. No admissions were made after 29th July, 2009. The petitioners had taken admission in the prestigious deemed to be university verily believing that all approvals were in place. The petitioners, relying on the judgment of this Court in Bharathidasan University and Another v. All Writ Petition (Civil) No. 1510 of 2018 Page 3 of 35 India Council for Technical Education and Others,1 have argued that a deemed to be university is not required to seek prior approval of the AICTE to start a department for imparting a course or a programme in technical education. Reference was made to paragraph 49 of the judgment of this Court in Orissa Lift Irrigation Corporation Limited v. Rabi Sankar Patro and Others2 (hereinafter referred to as Orissa Lift Irrigation Corporation Limited-I) to assert that TIET, Patiala, being a premier institution authorised to undertake courses and issue degrees in the aforesaid technical fields, was not required to take any approval of the AICTE. Reliance was also placed on the order and judgment dated 10th April, 2018 in Civil Appeal Nos. 3697-3698 of 2018 in Jawaharlal Nehru Technological University v. The Chairman and Managing Director, Transmission Corporation of Telangana Limited. There were no off-campus centres or study centres and all instruction, practicals and examinations were conducted on the campus of TIET, Patiala using the same faculty and infrastructure as used in the traditional B.Tech. courses. The studies were of high standard as the students had to pass 42 subjects with practicals to earn the 1 (2001) 8 SCC 676 2 (2018) 1 SCC 468 Writ Petition (Civil) No. 1510 of 2018 Page 4 of 35 degree. Out of 1168 students admitted to the B.Tech. courses through distance learning mode, only 822 students were awarded degree.

21. We have already referred to the 2004 Guidelines issued by the UGC and the AICTE Act to hold that TIET, Patiala had failed to take their prior approval before starting B. Tech. degree courses through distance education mode. Provisional recognition by the DEC being contrary to the law would not matter for at best the DEC would be equally guilty for violating the law in terms of 2004 Guidelines issued by the UGC and the AICTE Act. The legal issue stands foreclosed and cannot be argued in view of the clear dictum and ratio enunciated in Orissa Lift Irrigation Corporation Limited-I. We would also refer to the notification issued by the Government of India on 1st March 1995 quoted in Orissa Lift Irrigation Corporation Limited-I on distance education programme by deemed to be universities etc., which was to the following effect:

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All Universities, Institutions, Deemed to be Universities and other institutions are hereby cautioned that running such programmes and giving misleading advertisements regarding unapproved ‘distance mode courses and programmes of study, shall attract severe action under the provisions of applicable laws, including that of de-recognition and withdrawal of institutional approval;

28. In view of the aforesaid discussion, we do not find any merit in the present Writ Petition and the same is dismissed. However, in the facts of the case, there would be no order as to costs.

AUGUST 29, 2019.

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