Supreme Court: Engineering degrees secured since 2001 via correspondence invalid

News Network
November 4, 2017

New Delhi, Nov 4: In a major setback to thousands of students who pursued engineering studies through correspondence courses offered by deemed universities in the last 16 years, the Supreme Court declared on Friday that the degrees were invalid, putting them at risk of losing jobs obtained on the basis of the certificates.

A bench of Justices A K Goel and U U Lalit noted that the University Grants Commission (UGC) and the All India Council for Technical Education (AICTE) did not approve distance learning programmes in engineering studies and the approval granted by the Distance Education Council (DEC) for such courses was illegal.

The SC decision exposes the extent to which the regulatory system was compromised as the courses were being run for more than a decade and a half without attracting serious scrutiny.

The apex court directed the Centre to create an oversight mechanism to regulate deemed universities, saying that UGC completely failed to curb the commercialisation of education. It asked the government to review the deemed university status of various institutions

The court adjudicated a bunch of petitions on the validity of correspondence courses of four deemed universities — JRN Rajasthan Vidyapeeth, Institute of Advanced Studies in Education in Rajasthan, Allahabad Agricultural Institute and Vinayaka Mission's Research Foundation in Tamil Nadu — which have been providing engineering education through correspondence since 2001 despite AICTE disapproval.

The apex court restrained all deemed universities from offering correspondence courses without the approval of the AICTE and directed a CBI probe against officials who permitted the universities to run the programmes from 2001.

The court passed the order after UGC's counsel and ASG Maninder Singh and AICTE advocate Anil Soni informed the court that distance learning courses in engineering were not permitted.

Holding the degree issued by universities invalid, the court, however, opened a small window for students who took admission between 2001 and 2005 to revive their degree by undergoing a fresh examination by AICTE. It said they should be given another chance as they pursued the course under the impression that the course is valid in the light of DEC's approval.

But the court had no sympathy for the students of the post-2005 batches as they were aware that the courses lacked sanction.

"AICTE shall devise the modalities to conduct an appropriate test. Students (from 2001-05 batches) be given not more than two chances to clear the test and if they do not successfully clear the test within the stipulated time, their degrees shall stand cancelled," the bench said suspending their degrees.

"In respect of students admitted after the academic sessions of 2001-2005, the degrees in engineering awarded by the concerned deemed to be universities through distance education mode shall stand recalled and be treated as cancelled. Any benefit which a candidate has secured as a result of such degrees in engineering in the nature of promotion or advancement in career shall also stand recalled.

However, if any monetary benefit was derived by such candidates, that ... will not be recovered by the concerned departments or employers," it said and directed the universities to refund the money to students.

"We restrain all deemed to be universities to carry on any courses in distance education mode from the academic session 2018-19 unless it is permissible to conduct such courses in distance education mode and specific permissions are granted by the concerned statutory/regulatory authorities," the bench said.

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Agencies
July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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News Network
January 29,2020

New Delhi, Jan 29: The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

The court also said that alleged sufferings in prison can't be grounds to challenge the rejection of mercy petition.

The bench said all relevant material including judgments pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.

The bench also comprising justices Ashok Bhushan and A S Bopanna rejected the contentions of the counsel appearing for Singh that entire materials of the case were not placed before the President when he was considering his mercy plea.

The bench, while referring to two files placed before it by the Centre on Tuesday, said that as per the January 15 covering letter which was sent by the Delhi government to the Ministry of Home Affairs, all relevant documents were sent.

The bench noted that detailed judgements of trial court, high court and the Supreme Court, curative petition filed by Singh, his past criminal history and his family background were sent to the Home Ministry by the Delhi government.

"All the documents were taken into consideration by the President while rejecting the mercy petition," the bench said.

The bench also dealt with submissions advanced by the convict's counsel, who had argued that the mercy plea was rejected at "lightning speed".

The bench said that if a mercy petition is expeditiously dealt with, it cannot be assumed that it has been adjudicated upon in a pre-conceived mind.

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Agencies
August 8,2020

Kozhikode, Aug 8: The death toll in Kozhikode air crash is likely to rise as the condition of 22 injured passengers is said to be extremely critical. A total of 149 injured passengers have been admitted to hospitals in Malappuram and Kozhikode districts. 22 others have been discharged after first aid, says K Gopalakrishnan, Malappuram Collector

Deceased passengers:
Mohammed Riyas VP, 24 years - Palakkad, 
Saheer Sayed, 38 years -Malappuram, 
Lailabi KV, 51 years -Malappuram, 
Rajeevan Cherikka Parambil, 61 years - Kozhikode, 
Manal Ahamed, 25 years - Kozhikode, 
Sharafudheen, 35 years - Kozhikode, 
Janaky Kunnoth, 55 years - Kozhikode, 
Azam Muhammed Chembayi ,1 year - Kozhikode, 
Santha Marakkat, 59 years - Malappuram, 
Sudheer Vaariyath, 45 years -Malappuram, 
Sheza Fathima, 2 years -Malappuram, 
Remya Muraleedharan, 32 years - Kozhikode
Aysha Dua, 2 years – Palakkad 
Shivathmika, 5 Years- Kozhikode
Zhenobia, 40 years – Kozhikode
Sahira Banu, 29 years - Kozhikode

Deceased crew:
Deepak Sathe (Pilot)
Akhilesh Kumar (Copilot)

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