New Delhi: In an order having wide ramifications, the Supreme Court has restrained deemed universities from admitting students in engineering courses without the approval of the All India Council for Technical Education (AICTE).
Deemed universities have been asserting their right to admit students in the engineering courses without the need to take the approval of the AICTE since they already have a sanction from the University Grants Commission (UGC).
On Friday, a bench of Justices Adarsh K Goel and Uday U Lalit issued the restraint order in a batch of three petitions arising out of orders of Rajasthan and Madras High Courts.
The order, however, will have its impact across all states in view of the court's prima facie view in favour of the AICTE notice, requiring all deemed and deemed-to-be universities to seek approval for continuing or commencing engineering courses.
Out of 19 such petitions pending across the country, three have been appealed against by the AICTE in the top court, seeking a joint hearing of all such matters in one high court for uniformity of decision.
The bench accepted the submission by Additional Solicitor General Maninder Singh, who appeared for AICTE, and issued notices on transferring all such cases to the Delhi High Court.
"Issue notice why the matters in question pending before the high courts may not be transferred to the Delhi High Court," stated the order.
About the interim stay, ASG Singh told the bench that since admission process for engineering courses have already been initiated by many such universities, it would be in the interest of students to put their admissions on hold until the issues are resolved.
Singh added that the career of students should not be put in jeopardy by letting deemed universities admit students without AICTE approval because if the admissions are cancelled by the court in future, students would be the real sufferers.
Acknowledging the ASG's concerns, the apex court found it fit to issue a restraint order.
"In the meanwhile there will be stay of admissions without approval of the All India Council For Technical Education," directed the bench.
The bone of contention is an interpretation of a recent Supreme Court judgment (Orissa Lift Irrigation Corporation Ltd) whereby universities have been prohibited from conducting engineering courses through distance learning or correspondence. The Court had then ruled that imparting of technical education require face-to-face teaching and practical training.
Relying on this verdict, both UGC and AICTE issued Public Notices, asking all deemed universities to obtain approval from the AICTE if they wish to continue or commence any engineering course for the academic year 2018-19.
The deemed universities, however approached concerned high courts in Rajasthan, Tamil Nadu, Punjab and Haryana, Orissa and Andhra Pradesh and Telangana, against this notice.
They contended that the SC judgment was applicable only to the universities offering distance learning courses and did not direct deemed universities to seek AICTE approval for continuing or commencing engineering courses.
On their petitions, some of the high courts asked the AICTE to hold its hands and not take any coercive action.
This interim order prompted the AICTE to move the apex court, seeking transfer of all cases at one place and halt the admission in the meantime.
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