The Apex Court on 24.09.2018, in Jai Singh and Ors. v University Grants Commission and Ors. dismissed the petition pertaining to the Engineering Degrees award by deemed to be universities based on open distance mode of learning.
FACTS: The petitioners had their enrollments to a course concerning a degree award in the subject of Engineering by Open Distance Learning provided by the respondent (deemed to be University). The Writ Petition delved for reliefs such as issuing of a writ of Mandamus /appropriate Writ to direct the Respondents for issuing a clarification concerning the said degree does not an approval of AICTE, while being treated similar to other degrees granted by other Universities/AICTE / or other such recognized Institutions, relief for considering the aforesaid degree to be held valid while quashing all steps taken by the respondents from declaring the degrees to be illegal.
ISSUE: Can a Deemed to be University, start courses granting Engineering Degree by open distance larding mode without the approval of AICTE?
DECISION GIVEN BY THE SUPREME COURT: The Apex Court while dismissing the petition held for recalling and cancellation of the degrees through open distance mode of learning while directing for refunding the money to the enrolled students by the respondent within a stipulated time. Further, the Court gave directions to CBI for carrying out investigation into the officials conduct involved in granting permission against the policy. A restraint was put upon all deemed to be universities from conducting any course through open distance learning mode until made permissible . A Committee was to be conducted for examining the issues and recommending a plan to strengthen and set up regulatory machinery while based on the report submitted by the Committee, the Union of India after properly examining the report may take such actions which are required and file affidavit in the Apex Court for further consideration.
Full Judgement:
https://www.sci.gov.in/supremecourt/2018/27523/27523_2018_Judgement_24-Sep-2018.pdf
