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No relief was granted by the Supreme Court to the seven petitioners who had enrolled themselves in the years 2004 and 2005 in degree courses in Engineering through open distance learning programme from a deemed university. Through the petition, the petitioners pleaded the court to declare their degrees as valid, so that their degrees could be treated at par with the corresponding degrees granted by any traditional university/AICTE-recognized institution in the country without the approval by AICTE.
The SC bench, comprising of Justice AM Sapre and Justice UU Lalit, declared the petition to be completely covered by the decision of the court in case titled Orissa Lift Irrigation Corporation Limited vs. Rabi Shankar Patro and Ors, wherein the AICTE regulations were held to be applicable to deemed universities which were not justified in introducing any new courses in technical education without the prior approval by AICTE.
The ex post facto approvals granted by UGC and their authorities concerned were also set aside by the court, following which all degrees in Engineering, awarded by deemed to be universities, concerned stood suspended.
With regard to the instant petition, wherein the petitioners were enrolled in courses leading to the award of degree in Engineering through open distance learning by Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed To Be University), the bench said the same is covered under the directions issued by it in Orissa lift irrigation matter where it has been expressly stated that the students who were admitted after the academic sessions 2001-2005, their degrees in Engineering awarded by the deemed to be universities concerned through distance education mode will stand recalled and are going to be treated as cancelled.
The bench also rejected the argument put forth by senior advocate Soli Sorabjee, appearing on the the behalf of the petitioners, that the case of the petitioners was covered under the one-time exception granted by the court in the case of Jawaharlal Nehru Technological University vs. The Chairman and the Managing Director, Transmission Corporation of Telangana Ltd., wherein it was held that since the appellant varsity was set up by a state statute, no prior approval of AICTE will be required.
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