Validity of Engineering Degrees via Distance Learning: Supreme Court’s Landmark Judgment

The Supreme Court of India delivered a landmark judgment on the validity of engineering degrees obtained through distance learning programs. The case involved multiple appeals challenging the legitimacy of technical education offered by Deemed to be Universities without prior approval from the All India Council for Technical Education (AICTE). The judgment directly impacts thousands of students who obtained engineering degrees through distance education.

The controversy stemmed from the Orissa Lift Irrigation Corporation Limited (OLIC) and other entities challenging the recognition of degrees obtained through distance education. The Supreme Court considered whether the concerned Deemed to be Universities could start engineering courses through distance learning without AICTE approval.

Background of the Case

The case revolved around Deemed to be Universities such as Janardan Rai Nagar Rajasthan Vidyapeeth (JRN), Institute of Advanced Studies in Education (IASE), Allahabad Agricultural Institute (AAI), and Vinayaka Mission’s Research Foundation (VMRF). These institutions introduced engineering courses in distance education mode without prior approval from AICTE.

Several students obtained engineering degrees through these programs, but their validity was later questioned. The AICTE consistently maintained that technical education, including engineering, must be imparted through regular classroom-based learning and not through distance education mode.

Petitioners’ Arguments

The petitioners argued that the degrees obtained through distance education were invalid and should not be considered equivalent to degrees obtained through regular engineering courses. They contended that:

• The Deemed to be Universities had started distance education programs without prior approval from AICTE.
• The courses lacked proper infrastructure, faculty, and laboratory facilities required for technical education.
• AICTE had issued multiple warnings stating that engineering courses via distance learning were not recognized.
• The degrees awarded under these programs had no statutory backing, making them invalid.

Respondents’ Arguments

The respondents, including the concerned Deemed to be Universities and students, argued that:

• The degrees awarded were based on existing regulations at the time and should be considered valid.
• The institutions had obtained ex-post-facto approvals from UGC and DEC, which legitimized the courses.
• The Supreme Court’s ruling in Bharathidasan University v. AICTE allowed universities to offer technical courses without AICTE approval.
• Nullifying the degrees would adversely affect thousands of students who had completed their education in good faith.

Key Observations by the Supreme Court

The Supreme Court made the following critical observations:

• Technical education, especially engineering, requires rigorous practical training, which cannot be imparted through distance learning.
• AICTE is the sole regulatory body for technical education, and its approval is mandatory for all engineering courses.
• The Deemed to be Universities had started engineering courses through distance mode without AICTE approval, violating statutory regulations.
• The ex-post-facto approvals granted by UGC and DEC were invalid as they were issued without proper inspections and assessments.

Supreme Court’s Verdict

The Supreme Court ruled that:

• All engineering degrees awarded through distance learning by the concerned Deemed to be Universities were declared invalid.
• Students who obtained degrees between 2001 and 2005 were given a chance to appear for an AICTE-conducted examination to validate their degrees.
• Students who failed to clear the examination would have their degrees permanently revoked.
• Degrees awarded to students admitted after 2005 were automatically canceled.
• The Deemed to be Universities were directed to refund the entire tuition fees to students whose degrees were declared invalid.
• The Central Bureau of Investigation (CBI) was directed to investigate the officials involved in granting unauthorized approvals.
• The University Grants Commission (UGC) was instructed to take action against the concerned Deemed to be Universities, including potential withdrawal of their Deemed status.

Impact of the Judgment

The ruling has far-reaching implications:

• Thousands of students who obtained engineering degrees through distance learning must now clear AICTE tests to validate their degrees.
• The credibility of technical education in India has been reinforced, ensuring that only properly regulated programs can grant engineering degrees.
• The judgment has set a precedent, making it mandatory for all technical education programs to obtain AICTE approval.
• Institutions offering unauthorized distance education programs in technical fields will face strict regulatory action.

Conclusion

The Supreme Court’s judgment aims to uphold the quality and integrity of technical education in India. By ensuring that engineering degrees are awarded only through approved programs with proper infrastructure and faculty, the ruling protects students from fraudulent educational institutions. The judgment sends a strong message to institutions that commercialization of education at the cost of quality and regulatory compliance will not be tolerated.

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Download Judgment: Orissa Lift Irrigati vs Rabi Sankar Patro & Supreme Court of India Judgment Dated 03-11-2017.pdf

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