SUPREME COURT OF INDIA JUDGEMENT ABOUT FOUR DEEMED UNIVERSITY (DATE 3 NOV 2017)

WHAT SUPREME COURT OF INDIA SAID :

1.1994 AICTE REGULATIONS, DO APPLY TO DEEMED TO BE UNIVERSITIES AND THE DEEMED TO BE UNIVERSITIES IN THE PRESENT MATTER WERE NOT JUSTIFIED IN INTRODUCING ANY NEW COURSES IN TECHNICAL EDUCATION WITHOUT THE APPROVAL OF AICTE.

 2.IN SO FAR AS CANDIDATES ENROLLED DURING THE ACADEMIC SESSIONS 2001-2005, IN THE PRESENT CASE THE EX POST FACTO APPROVALS GRANTED BY UGC AND THEIR CONCERNED AUTHORITIES ARE SET ASIDE.

3. CONSEQUENT TO AFORESAID DIRECTION NO.II, ALL THE DEGREES IN ENGINEERING AWARDED BY CONCERNED DEEMED TO BE UNIVERSITIES STAND SUSPENDED.

4.THE AICTE SHALL DEVISE THE MODALITIES TO CONDUCT AN APPROPRIATE TEST/TESTS AS INDICATED IN PARA 47 ABOVE. THE OPTION BE GIVEN TO THE CONCERNED STUDENTS WHOSE DEGREES STAND SUSPENDED BY 15.01.2018 TO APPEAR AT THE TEST/TESTS TO BE CONDUCTED IN ACCORDANCE WITH THE DIRECTIONS IN PARA 47 ABOVE. STUDENTS BE GIVEN NOT MORE THAN TWO CHANCES TO CLEAR TEST/TESTS AND IF THEY DO NOT SUCCESSFULLY CLEAR THE TEST/TESTS WITHIN THE STIPULATED TIME, THEIR DEGREES SHALL STAND CANCELLED AND ALL THE ADVANTAGES SHALL STAND WITHDRAWN AS STATED IN PARAS 46 AND 47 ABOVE. THE ENTIRE EXPENDITURE FOR CONDUCTING THE TEST/TESTS SHALL BE RECOVERED FROM THE CONCERNED DEEMED TO BE UNIVERSITIES BY 31.03.2018.

5. THOSE STUDENTS WHO DO NOT WISH TO EXERCISE THE OPTION, SHALL BE REFUNDED ENTIRE MONEY DEPOSITED BY THEM TOWARDS TUITION FEE AND OTHER CHARGES WITHIN ONE MONTH OF THE EXERCISE OF SUCH OPTION. NEEDLESS TO SAY THEIR DEGREES SHALL STAND CANCELLED AND ALL ADVANTAGES/BENEFITS SHALL STAND WITHDRAWN AS MENTIONED IN PARA 47.

6.  IF THE STUDENTS CLEAR THE TEST/TESTS WITHIN THE STIPULATED TIME, ALL THE ADVANTAGES/BENEFITS SHALL BE RESTORED TO THEM AND THEIR DEGREES WILL STAND REVIVED FULLY.

7. AS REGARDS STUDENTS WHO WERE ADMITTED AFTER THE ACADEMIC SESSIONS 2001-2005, THEIR DEGREES IN ENGINEERING AWARDED BY THE CONCERNED DEEMED TO BE UNIVERSITIES THROUGH DISTANCE EDUCATION MODE STAND RECALLED AND BE TREATED AS CANCELLED. ALL BENEFITS SECURED BY SUCH CANDIDATES SHALL STAND WITHDRAWN AS INDICATED IN PARA 48 ABOVE. HOWEVER, THE ENTIRE AMOUNT PAID BY SUCH STUDENTS TO THE CONCERNED DEEMED TO BE UNIVERSITIES TOWARDS TUITION FEES AND OTHER EXPENDITURE SHALL BE RETURNED BY THE CONCERNED DEEMED TO BE UNIVERSITIES BY 31.05.2018, AS INDICATED IN PARA 48.

8. BY 31.05.2018 ALL THE CONCERNED DEEMED TO BE UNIVERSITIES SHALL REFUND THE SUMS INDICATED ABOVE IN VII AND AN APPROPRIATE AFFIDAVIT TO THAT EXTENT SHALL BE FILED WITH UGC WITHIN A WEEK THEREAFTER.

9. WE DIRECT THE CBI TO CARRY OUT THOROUGH INVESTIGATION INTO THE CONDUCT OF THE CONCERNED OFFICIALS WHO DEALT WITH THE MATTERS AND WENT ABOUT THE GRANTING PERMISSIONS AGAINST THE POLICY STATEMENT, AS INDICATED IN PARA 49 ABOVE AND INTO THE CONDUCT OF INSTITUTIONS WHO ABUSED THEIR POSITION TO ADVANCE THEIR COMMERCIAL INTEREST ILLEGALLY. APPROPRIATE STEPS CAN THEREAFTER BE TAKEN AFTER CULMINATION OF SUCH INVESTIGATION.

10. THE UGC SHALL ALSO CONSIDER WHETHER THE DEEMED TO BE UNIVERSITY STATUS ENJOYED BY JRN, AAI, IASE AND VMRF CALLS FOR ANY WITHDRAWAL AND CONDUCT AN INQUIRY IN THAT BEHALF BY 30.06.2018 AS INDICATED ABOVE. IF THE MONEYS, AS DIRECTED ABOVE ARE NOT REFUNDED TO THE CONCERNED STUDENTS THAT FACTOR SHALL BE TAKEN INTO ACCOUNT WHILE CONDUCTING SUCH EXERCISE.

11. WE RESTRAIN ALL DEEMED TO BE UNIVERSITIES TO CARRY ON ANY COURSES IN DISTANCE EDUCATION MODE FROM THE ACADEMIC SESSION 2018-2019 ONWARDS UNLESS AND UNTIL IT IS PERMISSIBLE TO CONDUCT SUCH COURSES IN DISTANCE EDUCATION MODE AND SPECIFIC PERMISSIONS ARE GRANTED BY THE CONCERNED STATUTORY/REGULATORY AUTHORITIES IN RESPECT OF EACH OF THOSE COURSES AND UNLESS THE OFF-CAMPUS CENTRES/STUDY CENTRES ARE INDIVIDUALLY INSPECTED AND FOUND ADEQUATE BY THE CONCERNED STATUTORY AUTHORITIES. THE APPROVALS HAVE TO BE COURSE SPECIFIC.

12.  THE UGC IS FURTHER DIRECTED TO TAKE APPROPRIATE STEPS AND IMPLEMENT SECTION 23 OF THE UGC ACT AND RESTRAIN DEEMED TO BE UNIVERSITIES FROM USING THE WORD ‘UNIVERSITY’ WITHIN ONE MONTH FROM TODAY.

13. THE UNION OF INDIA MAY CONSTITUTE A THREE MEMBERS COMMITTEE COMPRISING OF EMINENT PERSONS WHO HAVE HELD HIGH POSITIONS IN THE FIELD OF EDUCATION, INVESTIGATION, ADMINISTRATION OR LAW AT NATIONAL LEVEL WITHIN ONE MONTH. THE COMMITTEE MAY EXAMINE THE ISSUES INDICATED ABOVE AND SUGGEST A ROAD MAP FOR STRENGTHENING AND SETTING UP OF OVERSIGHT AND REGULATORY MECHANISM IN THE RELEVANT FIELD OF HIGHER EDUCATION AND ALLIED ISSUES WITHIN SIX MONTHS. THE COMMITTEE MAY ALSO SUGGEST OVERSIGHT MECHANISM TO REGULATE THE DEEMED TO BE UNIVERSITIES. THE UNION OF INDIA MAY EXAMINE THE SAID REPORT AND TAKE SUCH ACTION AS MAY BE CONSIDERED APPROPRIATE WITHIN ONE MONTH THEREAFTER AND FILE AN AFFIDAVIT IN THIS COURT OF THE ACTION TAKEN ON OR BEFORE AUGUST 31, 2018. THE MATTER SHALL BE PLACED FOR CONSIDERATION OF THIS ASPECT ON 11.09.2018.

HERE THE COMPLETE JUDGEMENT 
https://app.box.com/s/cbxaxlklf4o53ebk8368tvul3d2jzgrc

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