October 25, 2018:
SC said that unrecognised course cannot be given imprimatur of validity only on the ground of equity.
Apex Court Bench of Justices AK Sikri and Ashok Bhushan was hearing an Appeal preferred by the University and its Students of two years BTC (Basic Teachers Certificate) Course in 2008-09 and 2009-10.
The basic contention raised before the Court in the Petition was that once permission was granted under Section 15(3) of the NCTE Act in favour of the Post Graduate College which was subsequently converted into a Deemed University for starting of the two years BTC Course, the issue of seeking affiliation/recognition from the examining body became redundant after issuance of the notification dated June 27, 2008 whereby the Post Graduate College was declared as a Deemed University.
It was contended that the Deemed University has a right to conduct its own examination, therefore, no approval is required from any authority for conduct the examinations in respect of two years BTC Course offered by the Deemed University.
The claim set up by the students was opposed by the State of Uttar Pradesh through its Advocate General. With reference to the notification dated June 27, 2008 itself, it was submitted that the Deemed University could offer only such courses as were being offered immediately before the conferment of the status of the Deemed University or alike courses thereto. Deemed University could award degrees only for conventional/general degree programs leading to B.A./B.SC./B.Com or M.A./M.Sc. degrees covered under Section 22(3) of the Universities Grants Commission Act, 1956.
On behalf of the State, it was explained that BTC Course is not a Degree Course nor a course recognized by the Universities Grants Commission (UGC). Therefore, merely because the Post Graduate College has been declared as a Deemed University, it cannot be presumed that it gets a right to act as an examining body for BTC Course, which is not provided for or taken care of under the UGC Act.
Bench observed,''It is clear that the right which was given to the Deemed University to confer degrees pertain to those degrees which are specified by the UGC in the Official Gazette. Admittedly, BTC is not one of the degrees mentioned therein. The reason is obvious. Insofar as BTC is concerned, it is a Teachers Training Course which was regulated entirely and exclusively by NCTE Act and the Regulations framed therein. First thing which follows, therefore, is that mere conferment of Deemed University status did not entitle this University to give BTC degrees to its students. Having regard to the same, the judgments cited by Mr. Dwivedi will have no application to the present case.''
Bench found that University was granted permission by the NCTE to start two years BTC Course vide letter dated August 16, 2005. However, this was subject to fulfillment of eight conditions. but many of the aforesaid conditions were not fulfilled by the Deemed University which position could not be disputed even before us inasmuch as non-compliance was admitted in the supplementary affidavit filed before the High Court.
It was concluded that that the very conditions which were laid down by the NCTE in giving the recognition have not been fulfilled.
In these circumstances it was found that the admission of students in BTC Course for the Academic Sessions i.e. 2008-09 and 2009-10 was not permissible and such degrees cannot be treated as validly recognised.
While dismissing the Appeals it was observer, it may be harsh for the students who took admission in the Academic Sessions 2008-09 and 2009-10. However, the Court cannot countenance the position where the unrecognised course is given imprimatur of validity only on the ground of equity.
SC Judgement That a Deemed University Cannot Offer Degrees Not Specified by the UGC by Latest Laws Team on Scribd
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