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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News Network
March 4,2020

New Delhi, Mar 4: The Supreme Court on Wednesday revoked the ban of cryptocurrency imposed by the Reserve Bank of India (RBI) in 2018.

Pronouncing the verdict, the three-judge bench of the apex court said the ban was 'disproportionate'.

The bench included Justice Rohinton Fali Nariman, Justice S Ravindra Bhat and Justice V Ramasubramanian.

The Internet and Mobile Association of India (IAMAI), whose members include cryptocurrency exchanges, and others had approached the top court objecting to a 2018 RBI circular directing regulated entities to not deal with cryptocurrencies.

Advocate Ashim Sood, appearing for IAMI, submitted that Reserve Bank of India lacked jurisdiction to forbid dealings in cryptocurrencies. The blanket ban was based on an erroneous understanding that it was impossible to regulate cryptocurrencies, Sood submitted.

The petitioners had argued that the RBI's circular taking cryptocurrencies out of the banking channels would deplete the ability of law enforcement agencies to regulate illegal activities in the industry.

IAMAI had claimed the move of RBI had effectively banned legitimate business activity via the virtual currencies (VCs).

The RBI on April 6, 2018, had issued the circular that barred RBI-regulated entities from "providing any service in relation to virtual currencies, including those of transfer or receipt of money in accounts relating to the purchase or sale of virtual currencies".

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News Network
April 28,2020

Kochi, Apr 28: The Central government on Tuesday told Kerala High Court that the Kerala government will have to take up with other states the matter pertaining to bringing back COVID-19 affected Malayali nurses.

A Division Bench of Justice PV Asha and Justice V Shircy asked the Kerala government to examine if there is any solution that may be considered and orally noted the suggestion that perhaps a video-conference may be conducted between the states on the matter.

The matter was posted for further hearing on April 30.

Counsel for the Central government said that the "Centre has issued guidelines for the protection of health workers. But in this specific case, state governments have assured that nurses are being given proper treatment."
"The plea is on apprehensions that they are not being treated well in the other states.

Centre could help if there is any necessary requirement thereafter," the Centre's counsel said.

Advocate Abraham Vakkanal, appearing for the state government, said that state chief secretary has written to Union cabinet secretary to relax travel restrictions amid COVID-19 lockdown to bring back the nurses.

Vakkanal said that the state has sought permission and is waiting for approval and will take further actions if permission is received on the matter.

Advocate Anupama Subramaniam, appearing for the petitioner, said that 68 Malayali nurses in other states have reached out to inform that they are not being given treatment and that facilities for food and shelter are also not readily available for them.

Kerala High Court had earlier asked the Centre and the state government to file their reply on the plea.

The court was hearing a petition seeking to bring COVID-19 affected Malayali nurses back to Kerala from other States considering their "poor health and working conditions".

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Agencies
May 27,2020

Lucknow, May 27: Uttar Pradesh chief minister Yogi Adityanath has taken a U-turn, two days after he declared that permission would be needed if other states employ workers from UP.

The issue sparked a major controversy and an official spokesman has now said that the government would not include this clause of 'prior permission' in the bye-laws of the Migration Commission.

The government spokesman also said it was working on modalities to set up the commission to provide jobs and social security to migrant workers returning to the state. It has named the migration commission as the "Shramik Kalyan Aayog (Workers welfare commission).

About 26 lakh migrants have already returned to the state and an exercise to map their skills is being carried out to help them get jobs.

Yogi Adityanath has discussed the modalities for setting up the commission and told his officers to complete the skill mapping exercise in 15 days.

A senior official of Team 11, said, "The chief minister discussed the modalities for setting up the commission, as well. There will be no provision requiring other states to seek UP government's prior permission for employing our manpower. The commission is being set up to provide jobs and social security to the workers. We will also link the migrants to the government schemes to provide them houses and loans etc."

Yogi Adityanath said a letter should be sent to all state governments to find out about migrant workers wanting to come back to Uttar Pradesh.

Earlier, the chief minister, while speaking at a webinar on Sunday, had said, "The migration commission will work in the interest of migrant workers. If any other state wants UP's manpower, they cannot take them just like that, but will have to seek permission of the UP government. The way our migrant workers were ill-treated in other states, the UP government will take their insurance, social security in its hands now. The state government will stand by them wherever they work, whether in Uttar Pradesh, other states or other countries."

The statement had sparked a row with some political leaders and parties questioning the move.

Former Congress president Rahul Gandhi sharply criticized Adityanath's stand, saying the workers were not the chief minister's personal property.

"It is very unfortunate that the chief minister of Uttar Pradesh views India in such a way. These people are not his personal property. They are not the personal property of Uttar Pradesh. These people are Indian citizens and they have the right to decide what they want to do and they have the right to live the life they want to live," he had said.

Maharashtra Navnirman Sena chief Raj Thackeray had also taken on Adityanath and said that if UP insists on "permission" before other states can employ workers from there, "then any migrant entering Maharashtra would need to take permissions from us, from the Maharashtra state, our police force too."

Meanwhile, the government spokesman said, "The chief minister is deeply moved by the condition of migrants. They have been treated badly by other states. So, when the chief minister spoke about the need for seeking UP government's permission, he did so as a guardian for workers. It's only his concern for the migrants that came out as a political statement."

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