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Civil · Reportable judgment

Orissa Lift Irrigation Corp. Ltd. vs Rabi Sankar Patro & Ors.

Court
Supreme Court of India
Date
22 January 2018
Case No.
Civil Appeal Nos. 17869-17870 of 2017
Result
Disposed
Bench
Adarsh Kumar Goel, Uday Umesh Lalit
Citation
[2018] 1 S.C.R. 839 : 2018 INSC 44
Supreme Court Reports [2018] 1 S.C.R. 839 : 2018 INSC 44
Headnote

Education/Educational Institutions:

Engineering degree – Acquired through Distance Education mode – From deemed to be University – Held by Supreme Court order dated 3.11.2017 that the award of degrees were illegal and opposed to law as it was without the approval of the competent Authority – However, the Court taking a sympathetic view in the interest of students who were enrolled during the academic sessions 2001-2005, suspended their degrees till they pass the examination/test held by Competent Authority – Applications/Petitions filed by students for modification and clarification of the order dated 3.11.2017 – They inter alia sought that the test should be exempted for those who had got into new service through direct recruitment on the basis of such degree or acquired higher qualification on the basis of such degree and also for those whose ability was further tested by renowned institutions – They also sought that the test should not be applicable for ‘Diploma’ and ‘Masters degree’ – Held: Validity of courses leading to ‘Diploma’ was not the subject matter of the judgment dated 3.11.2017 – However, the courses leading to award of degrees, whether graduate or post-graduate degrees, was certainly the matter in issue – The infirmities in the degrees are basic and fundamental, and therefore, test cannot be exempted – However, as a one time relaxation, all such candidates, who wish to appear in test in terms of the judgment, can retain the degree in question and all the advantages flowing therefrom till one month after the declaration of the result of such test or till 31.7.2018 whichever is earlier – If the candidates pass in such first attempt, they would be entitled to retain all advantages – But if they fail or choose not to appear in the test, the degrees and all advantages shall stand suspended and withdrawn – They will be entitled to appear on the second occasion in terms of the judgment, but this exception shall not apply for such second attempt – Applications/petitions disposed of.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was delivered by 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/
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