Distance Education Council, Rep. ... vs The Government Of India, Rep. By ...
2022 Latest Caselaw 248 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                           AND
     THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

  WRIT APPEAL NOs.168, 193, 232, 233, 239, 242, 246, 247, 253,
  256, 261, 266, 268, 271, 272, 274, 278, 285, 300, 568, 569, 570,
  571, 572, 573, 574, 575, 577, 578, 580, 583, 584, 585, 586, 588,
       589, 590, 591, 593, 594, 595, 596, 597, 598 OF 2010,
                                AND
                      1342 AND 1345 OF 2016
                                AND
                  WRIT PETITION No.8206 of 2009

COMMON JUDGMENT:        (Per Hon'ble Sri Justice Abhinand Kumar Shavili)


      The issue raised in all these cases is one and the same and,

therefore, all these cases were heard together and are being

disposed of by way of this common order.

2.    Heard learned counsel for both parties.

3.    For the sake of convenience, the facts in W.A.No.168 of 2010

are discussed hereunder:

(a)   W.A.No.168 of 2010 is arising out of the judgment dated

02.12.2009 rendered by the learned Single Judge in W.P.No.994 of

2007, which was disposed of along with W.P.Nos.22922 of 2006 &

batch.

(b)   The appellant is Vinayaka Mission's Research Foundation,

which is a Deemed University. Some of these writ appeals are filed

by the Distance Education Council, Indira Gandhi National Open

University.

(c)   The grievance of the appellant is that the degrees awarded by

them i.e., Vinayaka Mission's Research Foundation are not being

treated as valid degrees. Challenging the action of the respondents

in not recognizing the degrees awarded by Vinayaka Mission's

Research Foundation and certain other deemed universities, some

of the students filed W.P.No.22922 of 2006 and batch before this

Court. The learned Single Judge of this Court was pleased to

HCJ & AKS,J W.A.No.168 of 2010 & batch

dispose of the said batch of writ petitions vide orders dated

02.12.2009 with the following directions:

"(a) only such courses imparted by the deemed universities through distance mode, as are approved under the letter jointly signed by the Secretary U.G.C., Member Secretary, A.I.C.T.E. and Director D.E.C. or by any independent authority under the relevant enactment conferred with the power to grant approval prospectively, shall be treated as legal and valid; and

(b) such of the petitioners who have studied the courses through distance mode from AISE, Rajasthan are not entitled for conferment of degrees, since the examinations were not conducted as per the procedure prescribed by that university."

4. Counsel for the appellants had contended that the

appellants have obtained information under Right to Information

Act, 2005 from the Indira Gandhi National Open University (for

short 'the Open University') and the Open University had clarified

vide letter dated 04.09.2008 that the Member Secretary, A.I.C.T.E,

Director D.E.C. and Secretary U.G.C have jointly signed and

approved the courses offered by Vinayaka Mission's Research

Foundation, and in view of the same, the degrees awarded by

Vinayaka Mission's Research Foundation are to be held valid,

therefore, appropriate orders be passed in this batch of cases

clarifying that the degrees awarded by Vinayaka Mission's

Research Foundation should be declared as valid by taking into

account the letter dated 04.09.2008 issued by the Open University.

5. This Court, having considered the submissions made by

learned counsel for the appellants, is of the considered view that

the aforesaid batch of writ petitions were disposed of making it

very clear that only such courses imparted by deemed Universities

HCJ & AKS,J W.A.No.168 of 2010 & batch

through distance mode, as are approved under the letter jointly

signed by the Secretary U.G.C., Member Secretary, A.I.C.T.E and

Director D.E.C or by any independent authority under the relevant

enactment conferred with the power to grant approval

prospectively, shall be treated as legal and valid. If the appellants

are claiming that in view of the letter dated 04.09.2008 issued by

the Open University, the degrees awarded by them are to be

declared as valid, then they must independently file writ petitions

by relying on the letter dated 04.09.2008 furnished by Open

University under Right to Information Act. There is no adverse

finding recorded against the appellants by the learned Single

Judge. Therefore, this Court is not inclined to interfere with the

order passed by the learned Single Judge.

6. Accordingly, these writ appeals and writ petition are

dismissed. However, liberty is given to the appellants to pursue

their independent grievances to validate their degrees in

accordance with the findings recorded in para (a) of the directions

given by the learned Single Judge.

Pending miscellaneous petitions, if any, shall stand closed.

____________________________________ SATISH CHANDRA SHARMA, CJ

________________________________ ABHINAND KUMAR SHAVILI, J 25.01.2022 vv