Madras High Court
M.Balan vs The Principal Secretary To Government on 30 November, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P. (MD).No.8696 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.11.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P. (MD).No.8696 of 2021
M.Balan
... Petitioner
Vs
1. The Principal Secretary to Government,
Higher Education (J2) Department,
Secretariat, Chennai-9.
2. The Join Secretary to Government,
Higher Education (J2) Department,
Secretariat, Chennai-9.
3. The Chairman of Equivalence Committee,
Secretary to Government,
Higher Education (J2) Department,
Secretariat, Chennai-9.
4. The Member Secretary,
Tamil Nadu State Council For Higher Education Department,
Kamarajar Salai, Triplicane,
Near Lady Willington College Campus, Chennai.
5. St.Peter's University, *
St.Peter's Institute of Higher Education and Research,
Avadi, Chennai-600 054,
Tamil Nadu
(R5 is Impleaded Vide Court Order, dated 24/08/2023)
... Respondents
1/13
https://www.mhc.tn.gov.in/judis
W.P. (MD).No.8696 of 2021
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India praying for issuance of a Writ Certiorarified Mandamus, calling
for the records relating to the impugned G.O.Ms.No.42, dated 16.02.2021
issued by 1st respondent and consequential letter in Letter No.
9362/J2/2020, dated 24.02.2021 passed by the 2nd respondent as illegal
and quash the same and consequently direct the respondents by granting
equivalence status to the petitioner’s Educational Qualification (D.Tech
Mechanical Engineering) acquired through ODL mode from St.Peter's
University on equivalence to the qualification acquired through regular
stream for the purpose of employment, within a time frame fixed by this
Court.
For Petitioner : Mr.J.Senthil Kumaraiah
For Respondents : Mr.P.Thambidurai (R1-R4)
Government Advocate
Mr.M.Prabhakaran (R5)
ORDER
This writ petition has been filed challenging the G.O.Ms.No.
41, dated 16.02.2021 issued by the 1st respondent and consequential letter
in Letter No.9362/J2/2020, dated 24.02.2021 issued by the 2nd respondent
and for a consequential direction to grant equivalent status to the
Educational Qualification of the petitioner through Open Distance
Learning Mode (ODL mode) from St.Peter's University and to treat it as
https://www.mhc.tn.gov.in/judis
a equal qualification through regular stream, for the purpose of
employment of the petitioner.
2.The case of the petitioner is that the petitioner had obtained
D.Tech (Mechanical Engineering) degree through ODL mode.
Accordingly, a degree of DTech (Mechanical Engineering) was issued by
St.Peter's University (deemed to be University) on 30.03.2015.
3.The petitioner made a representation on 26.02.2020 seeking
for granting equivalent status to his educational qualification acquired
through ODL mode from St.Peter's University and to treat it as
equivalent to the qualification acquired through a regular stream, for the
purpose of employment. The same was considered and the first
respondent through G.O.Ms.No.41, Higher Education (J1) Department,
dated 16.02.2021 stated that D.Tech (Mechanical Engineering) acquired
by the petitioner through ODL mode from St.Peter's University for the
academic year 2009 to 2012 is not equivalent to the regular diploma
course, for the purpose of employment in public service. This was
communicated to the petitioner by the second respondent through letter,
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dated 24.02.2021. The same has been put to challenge in the present writ
petition.
4.The main ground that was urged by the learned counsel for
the petitioner is that the Higher Education Department of Tamil Nadu
based on the recommendation made in the 53rd Equivalence Committee
meeting and based on the policy decision taken by AICTE, passed G.O.
(Ms). No.149, Higher Education (J2) Department, dated 22.07.2016 and
it was declared that the candidates, who possess the diploma in D.Tech
through ODL mode, should not be considered as equivalent to those who
acquired the qualification through regular stream. This was put to
challenge before the Apex Court and the Apex Court through Judgment,
dated 10.04.2018 held that the candidates, who were admitted through
distance learning upto the year 2009 to 2010 must be left undisturbed. It
was further contended that for those persons, who had completed the
Diploma upto 2009 and 2010 AICTE approval need not be insisted. In
fact, the AICTE itself has issued a circular, dated 13.02.2019 recognising
the D.Tech Degree/Diploma awarded by IGNOU, pursuant to the
decision of the Apex Court.
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5.In view of the same, the learned counsel submitted that the
first and second respondents did not take into consideration the fact that
the petitioner had acquired the D.Tech (Mechanical Engineering) Degree
from St.Peter's University (deemed to be University) in 2009 to 2012 and
therefore, the same has to be treated on par with the qualification
acquired by a person from a regular stream.
6.In reply to the submission made by the learned counsel for
the petitioner, the learned Government Advocate completely placed
reliance upon the counter filed on behalf of the respondents. For proper
appreciation, the relevant portions are extracted hereunder:
“11.I respectfully submit that based on Judgement of
the Hon'ble Supreme Court, the AICTE has passed circular
F.No. AICTE/ P&AR/ Misc/ 2018/ 622, dated 11.12.2018 and
circular F. No. AICTE/ P&AR/ IGNOU/ Misc./ 2019, dated
13.02.2019 in which it has informed that AICTE honors the
Judgement of the Hon'ble Supreme Court in the case W.P.(C).
No. 382 of 2018 Mukul Kumar Sharma & others Vs AICTE and
others dated 30.07.2018 and has no objection for B.Tech.,
degree/diploma in Engineering awarded by IGNOU to the
students who were enrolled up to academic year 2011-2012
(F.No. AICTE/ P&AR/ IGNOU/ Misc./ 2020/ dated 25.11.2020)
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to be treated as valid as a special case and it could not be taken
as a precedence. It has also suggested that IGNOU should not
run or start such technical programme(s) in distance education
mode which have extensive laboratory component and keeping
in view the directions issued by MHRD vide its letter dated
29.08.2009 wherein DEC-IGNOU was directed to discontinue
all technical degree programmes being offered through ODL
Mode and accordingly IGNOU stopped offering these
programmes.
12. I respectfully submit that based on the above
AICTE Circular, the Government issued Government Order
G.O.(Ms). No.41, Higher Education (J1) Department, dated
16.02.2021 wherein declaring.
i) "Validate and approve that B. Tech. degree /
diplomas awarded by Indira Gandhi National Open University
(IGNOU) to the students who were directly enrolled in IGNOU
and course wise recognition provided to its approved institutions
by IGNOU up to academic year 2009-10 be treated as
equivalent to regular B.Tech. degree / Diplomas as a special
case as per direction issued by All India Council for Technical
Education (AICTE) / Ministry of Human Resource Development
(MHRD) for the purpose of employment in Public Services.
(Resolution No. 26)."
21st Equivalence Committee Minutes - Resolution
ii) Further, in the 21st Equivalence Committee
Meeting, ref (F.No. AICTE/ P&AP/IGNOU/MISC./2020/ dated
25-11-2020) the extension of approval for IGNOU ODL Mode
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B.Tech Degree/ Diploma for candidates enrolled till 2011-2012
(iii)Resolution No.32 in the 21st Equivalence
Committee Meeting I.H.S. For only IGNOU B.Tech
Degree/Diploma Programmes for candidates till 2011-2012.
13.I respectfully submit hat ho tove Government
Order 6.0 M5/ NO 41 Higher Education (J1) Department, dated
16-022021 has been issued to the beneis of the students who
were dreck enroled in India Gandhi National Open University
and the AICTE circular has been also issued only to the benefits
of the students who were enrolled in Indira Gandhi National
Open University.
14.I respectfully submit that the Petitioner has
studied Diploma in Technology in Mechanical Engineering (D.
Tech. Mechanical Engineering) offered by St. Peter's University
(Deemed to be University) during 2009-2012 through Open and
Distance Learning (ODL) mode. In this regard, the Tamil Nadu
State Council for Higher Education requested St. Peter's
University (St. Peter's Institute of Higher Education and
Research) to provide the course recognition details of the
subject matter of this case D. Tech. (Mechanical Engineering)
offered by St. Peter's Institute of Higher Education and Research
through ODL mode during 2009-2010 (TANSCHE letter Rc. No.
7828/2020 A, dated 03-10-2020).
15.I respectfully submit that the Registrar of St.
Peter's Institute of Higher Education and Research replied
(Registrar, St. Peter's Institute of Higher Education and
Research letter dated 13.10.2020), wherein he has stated that
there is only a general approval letter from Distance Education
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Council (IGNOU) for offering diploma courses by distance
mode. Since, their Institute (deemed to be University) has been
offering Engineering programmes, the Diploma Courses in
Technology were offered then by distance mode and there is no
specific letter from IGNOU for offering Diploma in Technology
(Mechanical Engineering) by distance mode (Registrar of St.
Peter's Institute of Higher Education and Research (IGNOU
approval letter Ref. No.: IG/P&DD/St. PU/TN/2008/2453, dated
10/12/2008).
16. Furtherance to the above, I respectfully submit
that the Tamil Nadu State Council for Higher Education
requested the Registrar, IGNOU to clarify whether St. Peter's
Institute of Higher Education and Research is recognized by
IGNOU for conducting D. Tech-Mechanical Engineering
through Open and Distance Learning mode during the academic
year 2009-2012. (TANSCHE letter Rc.No.7828/2020 A dated
10-11-2020).
17.I respectfully submit that the Registrar, IGNOU
(IGNOU letter no,IG/SOET/Mech.Eng./2020/4882, dated
24-11-2020) replied as follows:
1.UGC (Distance Education Bureau) and AICTE
would have been the necessary party to the case.
2.The letter dated 10.12.2008 issued by the Planning
& Development Division of IGNOU does not constitute approval
of the then DEC of Diploma/D. Tech. in Mechanical
Engineering:
3. DEG of IGNOU stands disolved and now stands
part Of USC AS THE Distance Education Bureau (DEB) Of
UGC.
https://www.mhc.tn.gov.in/judis
4. As per UGC as on 23.11.2020,
(atugo ac.in/dob/pc/ final list for website 2014-15. pdf), it can be
seen from pages 129 of 156,130 or 156 and 131 of 156 at Sl. No.
176 that Programme-wise Recognition from year 2009-10 to
2011-12 was there for this St. Peter's Institute of Higher
Education & Research, Chennai (Deemed to be University) for
certain programmes, but it does not include Diploma in
Mechanical Engineering or Diploma in Technology in
Mechanical Engineering.
18. I respectfully submit that as per UGC website as
on 23.11.2020, various programmes of St. Peter's University
(deemed to be university) were recognized by the Distance
Education Bureau, in which the D.Tech Mechanical Engineering
of St. Peter's University through Open Distance Learning Mode
during the academic year 2009-2012 has not been approved by
DEC & IGNOU.”
7.This Court has carefully considered the submission made on
either side and the materials available on record.
8.In the considered view of this Court, the judgment of the
Apex Court and the circular issued by AICTE, which was relied upon by
the learned counsel for the petitioner, will not really come to the aid of
the petitioner. In the instant case, the petitioner has studied Technical
https://www.mhc.tn.gov.in/judis
Diploma in Mechanical Engineering (D.Tech in Mechanical
Engineering) offered by St.Peter's University during the year 2009 to
2012 through ODL mode. The Judgment passed by the Apex Court and
the circular issued by AICTE was taken into consideration by the State
Government and G.O.Ms.No.41, Higher Education (J1) Department,
dated 16.02.2021 was issued to the effect that the benefits will accure
only in favour of the students, who were directly enrolled in IGNOU.
9.In the instant case, the St.Peter's Institute had informed the
respondents that there is a general approval letter issued by the Distance
Education Council of IGNOU for offering Diploma Course through ODL
mode. This was enquired from IGNOU by sending a communication,
dated 10.11.2020. The IGNOU in their letter, dated 24.11.2020 have
categorically stated that for the period from 2009 to 2012, no permission
was given for the Diploma in Technology in Mechanical Engineering
(D.Tech Mechanical Engineering). That apart, even in UGC Website as
on 23.11.2020, the D.Tech Mechanical Engineering of St.Peter's
University through ODL mode during the academic year 2009 to 2012
has not been approved.
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10.In view of the above, the Judgment of the Apex Court and
the clarification issued by the AICTE does not help the cause of the
petitioner. This Court does not find any ground to interfere with the
decision that was arrived by the Equivalence Committee to the effect that
the D.Tech Mechanical Engineering qualification acquired through ODL
mode from St.Peter's University (deemed to be university) for the
academic year 2009 to 2012 cannot be treated as valid and it cannot be
considered to be equal to the qualification acquired through regular
stream.
11.In the result this writ petition stands dismissed. No costs.
30.11.2023
NCC : Yes/No
Internet : Yes/No
Index : Yes/No
PNM
https://www.mhc.tn.gov.in/judis
To
1. The Principal Secretary to Government,
Higher Education (J2) Department,
Secretariat, Chennai-9.
2. The Join Secretary to Government,
Higher Education (J2) Department,
Secretariat, Chennai-9.
3. The Chairman of Equivalence Committee,
Secretary to Government,
Higher Education (J2) Department,
Secretariat, Chennai-9.
4. The Member Secretary,
Tamil Nadu State Council For Higher Education Department,
Kamarajar Salai, Triplicane,
Near Lady Willington College Campus, Chennai.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
PNM
ORDER IN
30.11.2023
https://www.mhc.tn.gov.in/judis
