WHAT ABOUT OTHER DEGREES AWARDED BY DEEMED UNIVERSITIES

[MADHURI]

As per judgement of Hon Supreme court on 03/11/17, engineering degrees are suspended, of student got enrolled during 2001-2005 in 4 deemed universities. Hon’ble Supreme Court consider each and every activity of said universities, UGC, DEC/DEB and AICTE in respect. It was known to Hon’ble court that these universities were awarded some other degrees including MCA and MBA which are non engineering degrees(As Per Gazette of India March 2014, Nomenclature of Degrees). In finding oh Hon’ble court it is also clear that these 4 deemed universities got ex-post facto recognition by UGC, DEC and AICTE joint committee up to year 2005. Same time the fact was taken in consideration that it is policy of AICTE to recognise only MCA and MCA in distance mode.

Respected Sir My question is that what about remaining degrees including MCA and MBA awarded by these four universities. Can any one file petition regarding non engineering degrees awarded by these 4 universities in lower courts other than Hon’ble Supreme Court? What is the time period for filing review petition before Hon’ble Supreme court in this matter as judgment date is 03/11/17? After considering entire facts including fact of awarding non engineering degrees in distance mode by said universities Hon’ble supreme court suspended/ cancelled only engineering degrees, is that mean remaining degrees are safe for ever as Hon’ble Supreme Court is Apex Court?

[Dr. Ashok Dhamija]

You have not given details of the Supreme Court decision (such as case No. or party names), but it appears that you are referring to the decision of the Supreme Court at this link, which I have covered in a similar reply earlier that can be seen at: Regarding decision of Supreme court on deemed University.

If the Supreme Court has suspended / cancelled only the Engineering degrees awarded by certain deemed universities, then of course, other degrees awarded by these universities would not be affected at this stage.

Time period for filing review petition in Supreme Court is 30 days. However, you can file an application for condonation of delay, if you can explain the delay due to some genuine reasons.

Whether petitions can be filed in lower courts in a certain matter would depend upon the facts of the case, the type of issues involved, the remedy sought, etc. In general, writ petitions can be filed against such degrees in the high courts (under Article 226 of the Constitution) or in the Supreme Court (under Article 32 of the Constitution).

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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