UDAY UMESH LALIT,J. - (1.) These applications have been preferred seeking clarification and modification of directions issued by this Court in its Judgment and Order dated 03.11.2017 ("the judgment" for short) in Civil Appeal Nos.17869-17870 of 2017. Various directions were issued in the judgment and more particularly in paragraph No.53 of the judgment. The gist of the applications and the contentions advanced by the learned counsel were as follows:- A] M.A. Nos. 1795-1796 of 2017 in CIVIL APPEAL Nos.17869-17870 of 2017 (I.A. No.138771 of 2017) MA 1797-1798/2017 in C.A. No. 17869-17870/2017 (I.A. No.138778 of 2017) MA 1799-1800/2017 in C.A. No. 17869-17870/2017(I.A. No.13890 of 2017) MA 1801-1802/2017 in C.A. No. 17869-17870/2017 (I.A. No.138791 of 2017) MA 1803-1804/2017 in C.A. No. 17869-17870/2017 (I.A. No.138793 of 2017) MA 1805-1806/2017 in C.A. No. 17869-17870/2017(I.A. No.138795 of 2017) The applicants, holding diplomas in Engineering, enrolled themselves in 2005 in courses leading to award of B.Tech degree offered by Deemed to be University in question through distance learning mode. Later, on the basis of the degrees awarded by the Deemed to be Universities, they underwent independent selection undertaken by Union Public Service Commission and entered certain services as direct recruits and have presently either been engaged in the same service or have advanced in career on the basis of such selection by UPSC. Mr. V. Giri, learned Senior Advocate submitted that the controversy in the judgment was principally concerning the cases of in-service candidates who were initially employed as diploma holders but while in service had been awarded degrees in Engineering by Deemed to be Universities in question through distance learning mode; and that this Court was not called upon to consider cases where such degrees themselves became the foundation for a subsequent employment or selection and further advancement in career. He further submitted that an exception be made in favour of such candidates whose qualifications were independently considered by an authority such as UPSC and were selected through competitive selection process and in any case, even if the Judgment were to apply to such candidates, the suspension of their degrees and all advantages flowing therefrom till they pass the test as indicated in the judgment ought not to be insisted upon. He submitted that unlike in-service candidates who may not be losing their jobs, such candidates, who had independently undergone fresh selection and were directly appointed would lose their jobs completely and even if they were to successfully pass the test conducted by AICTE, restoration of their original position and jobs would itself become a difficult proposition. The applicants had completed B.Tech courses in Computer Science through distance education mode in 2004. According to them, instructions were imparted in ITM International and they were awarded degrees by Allahabad Agricultural Institute, Deemed to be University. Later they acquired degrees in M.Tech and other qualifications based on such B.Tech degree and have thereafter advanced in career. Ms. Meenakshi Arora, learned Senior Advocate while adopting the submissions of Mr. V. Giri, learned Senior Advocate submitted that ITM International is an Institution of repute and no infirmity could be attributed to their degrees. Further, her clients in any case had undergone further selection process where knowledge of the candidates was independently tested and they were appointed in others posts. The candidates had acquired first degrees in Engineering from a regular and approved Institution and as such their first degrees are not invalid or irregular on any count. However, these candidates had later acquired Master's degrees in Engineering from Deemed to be Universities through distanceM.A.1795-1796 of 2017 in C.A. Nos.17869-17870 of 2017(1).docx education mode. Mr. Kapil Sibal, learned Senior Advocate invited our attention to the advertisement issued by AICTE in which all candidates including those who had secured Master's degrees in Engineering from Deemed to be Universities in question through distance education mode were also required to appear at the test. In his submission this Court was principally concerned with first degrees in engineering which were acquired through distance education mode and not the Master's degrees. He further submitted that those candidates who had acquired such Masters' Degrees in engineering were not covered by the judgment. The applicants were awarded diplomas in Engineering through distance education mode by the concerned Deemed to be Universities. Mr. Dhruv Mehta, learned Senior Advocate invited our attention to paragraphs 34 and 46 of the Judgment and submitted that this Court was concerned with courses leading to degrees of Engineering and not to diplomas and as such rigor of the Judgment ought not to apply to pure and simply diploma holders. In his submission, the public notice issued by AICTE was beyond the scope of the matter. In the present case, the applicants had enrolled themselves in courses offered by Vinayaka Missions Research Foundation (VMRF) through distance education mode. Mr. Anupam Lal Das, learned Advocate submitted that as is evident from the affidavit of Mr. Ved Prakash, Chairman, UGC as extracted in the judgment, VMRF was granted Deemed to be University status for its excellence in subjects including engineering and technology unlike other Deemed to be Universities, namely, JRN, IASE and AAI. He invited our attention to Paragraphs 21, 34 and 39 of the judgment and submitted that the case of VMRF stood on a different footing and the courses offered by VMRF were not in any way found to be on the wrong side. These applicants after being awarded degrees in Engineering by Deemed to be Universities through distance education mode had completed their post-graduate courses. While adopting submissions of Mr. V. Giri and Ms. Meenakshi Arora, learned Senior Advocates, Mr. R.S. Suri, learned Senior Advocate submitted that some weightage be given to the higher qualifications acquired by candidates. The applicants had acquired degrees in Mining Engineering through distance education mode and have advanced in their career in NMDC, a Statutory Corporation. Mr. Vikramjit Banerjee, leaned Senior Advocate submitted that their ability was tested by said organization and his clients be exempted from appearing in examination. These applicants were awarded degrees in Engineering through distance education mode by Deemed to be Universities in question. It is stated that most of the applicants have joined Private, Corporate and Government services and some of them are in Corporate jobs and even in Foreign Countries. Some of them are stated to have obtained M.Tech and further degrees and have advanced in life. Mr. Ranajit Kumar, Mr. P.N. Mishra and Mr. Huzefa Ahmadi, learned Senior Advocates, appearing for the applicants advanced submissions on lines similar to the submissions advanced by Mr. V. Giri, Ms. Arora and Mr. Sibal. The applicant, IASE, Deemed to be University seeks clarification that the judgment applied only to courses leading to degrees in Engineering awarded by Deemed to be Universities through distance education mode and that diploma courses are not covered by the judgment. Mr. M.L. Verma, learned Senior Advocate invited our attention to the advertisement issued by AICTE. His submissions on the issue in question are on lines similar to the submissions advanced by Mr. Dhruv Mehta, learned Senior Advocate.
(2.) We also heard Mr. Maninder Singh, learned Additional Solicitor General who appeared on behalf of AICTE.
(3.) It is true, as is evident from paragraphs 34 and 46 of the judgment that the controversy in the present case pertained to validity of degrees in Engineering conferred by the Deemed to be Universities through distance education mode and this Court was not called upon to consider validity of diplomas conferred by such Deemed to be Universities. However the advertisement issued by AICTE covers diploma courses as well. We therefore accept the submissions advanced by Mr. Dhruv Mehta and Mr. M.L. Verma, learned Senior Advocates and clarify that validity of such courses leading to diplomas was not the subject matter of the judgment.;