AND IN THE MATTER OF The legal validity 'of the Regulations mentioned above

Transcription

1 '", '" _. _ -.. ~/' // E AND N THE MATTER OF The legal valdty 'of the Regulatons mentoned above AND N THE MATTER OF The consttutonal and legal valdty of the letters dated 10-07~2012 and both bearng No.F.No.11-15/2011-AR(TS.) ssued by Respondent No.1 to the Pettoner AND JNTHE MATTER OF 1 The consttutonal and statutory valdty of letter no.f.no.2:- PCAlCTEDST.POLCY/2012/66 dtd l3 ssued by Respondent No.3 to the Pettoner. 1 N THE MATTER OF: The nsttuton of Electroncs and Telecommuncaton Engneers...Pettoners Versus. non of nda &Others...Respondents MElV10 OF PARTlES N THE MATTER OF: The nsttuton of Electroncs and Telecommuncaton Engneers (ETE). Through ts Secretary General, 2, nsttutonal Area, Lodh Road,. New Delh A socety regstered under the Socete :Regstraton Act, pettoner Versus f : '.Unon of nda Through The Secretary to the Government of nda, Mnstry.of Human Resource Development, Department of Hgher Educaton, Shastr Bhavan, New Delh Certf,J.lC!c~' ~.:.trtl'llent Hqh ~~'''''' ' ;~'f'~~" """1 A Ul',,,:. ::,'.: -'.~.--:~,.~~.,; h'l't:.l<rrl E\.a~!f~;~ ~"A! ~~.' 1,, ~ f :'. ",~,.: j. "_-:_.-J

2 F ',:: 2. Unon of nda Through The Secretary to the Government of nda, Mnstry of Personnel, Publc Grevances and Pensons, Department of Personnel and Tranng, North Block, New Delh All nda Councl for Techncal Educaton (ACTE) Through ts Charman, h Floor, Chanderlok Buldng, Janpath, New Delh Unon of nda. Through The Secretary to the Government of nda, Mnstry of Scence and Technology, Department of Scentfc and ndustral Research,. Technology Bhavan, New Mehraul Road, New Delh Respondents, "! ft' ~1 ' fl 1.\. ' : Place: New Delh Date: : fj '. MR.'~YSEJtACHARY~ " & T.V.S. RAGHA VENDRA SREY AS ~ Advocates for the Pettoner, 13t Lawyer's Chamber, Supreme Court Compound, New Delh "l: ' f. l \ " r

3 $-57 & 60 * N T!HE HGH COURT OF DELH AT NEW DELH % Date of Decson: 23 m May W.P.(C) 3239/2013 & CM 6125/2013 THE NSTTUTON OF ELECTRONCSAND TELECOMMUNCATONENGNEERS(lETE)... Pettoner Through: Mr.M.S. Ganesh, Sr. Adv. wthmr.k. Seshachary and Mr.T.V.S. Raghavendra, Advs. versus UNON OF NDA & ORS. Through:... Respondents Mr.Sachn Datta, Adv. for respondent no.l, 2 and 4. Mr.Amtesh Kumar, Adv. for respondents no.3. W.P.(C} 945/2013 THE NSTTUTON OF:cVL ENGNEERS(NDA)... Pettoner Through: Mr.Aman Lekhl, Sr. Adv.. wth Mr.Pramod [alan. Adv. versus UNON OF NDA AND ANR Through: CORAM: HON'BLE MR..JUSTCE G.S.SSTAN... Respondents Mr.5aqb, Adv. for respondent no.l Mr.Amtesh Kumar, Adv. for respondents no.2. G.S.SSTAN, J. (Oral) 1. By - W.P.(C)3239/2013, the pettoner.seeks quashng of the mpugned orders dated and , and the O.M. datec ssued by respondent no. prmarly on the ground that the same are wthout any executve-cum-egslatve competence of respondent no.t and they are n volaton of pettoners' fundamental rghts. WP(C) & Page 1 of8 r, ~,f- "'- j d'. n..., ", u C.2",",-lrtm t f :, J', -, "<-"r'.-a ~..,."..,.!. enof 1-\.,.' ".('; ltlo.\ c-,,~~;~..70 rl'oj;'l'n Ev~a~.,-", ~~( l

4 ;, - 2. Learned senor counsel for the pettoner n W.P.(C)3239/2013 submts that the pettoner nsttute came nto exstence n ~he year 1953 and by a notfcaton dated the erstwhle Mnstry of Educaton granted recognton to the pettoner for Graduate Membershp Examnaton of the ETE. t s the case ofthe pettoner that the recognt"on has been granted to the pettoner from tme to tme. Senor counsel further submts that on by MHRD's letter to ETEpermanent recognton of Dploma course n Electroncs and Telecommuncatons Enqlneernq run by ETEwas granted to the pettoner. n the letter.dated t was made clear that the recognton would be permanent n nature unless t s wthdrawn due to tle defcences dentfed by ACTE'or the genune complants receved aganst the nsttutons. Senor counsel also, submts that nether any complant has been receved aganst the pettoner nsttute nor any defcences have been ponted out by the ACTE., Senor counsel further contends that n terms of the communcaton dated the pettoner was nformed that'the Government of nda had decded to revew the currculum, mode of delvery of programme, ts duraton, etc., by the concerned Regulator and untl such revew s complete the nsttutons wth permanent recognton! wll not make any fresh admsson. Alternatvely, the nsttutons were gven an opton of realgnng ts currculum wth the Natonal Vocatonal Educatonal Qualfcaton Framework and proceeded further. Thereafter O.M. dated was ssued, whch reads as Page 2 of ao..._- ~------&:rtt;.. ~'""" ~-..-"'lm' r7r1", 'AP""' ~' '---- F-,V~ent f 'r:dl-,' of "'f U.l(,!": :::::-<"ctc'''' 70_ ')S'h:al1 ~\la~f.~~ ;;.h.;t_ ---'.~

5 , under: OFFCE MEMORANDUM n modfcaton of. Order F.no.11-15/2011-AR (TS.J)dated and to facltate the nsttutons durng transton perod, followng decson has been taken n the Mnstry: () Above.order dated regardng cases of recognton n perpetualty for equvalence n Central Government Job, stands wthdrawn. () All those, students who are enrolled wth the nsttutons wth permanent.recoqntlon upto would be-ellqble for consderaton n accordance wth MHRD offce memorandum/order n force, pertanng to ther course for equlvalence n Central Government jobs.,however. these concerned orders wll cease to have effect from onwards. () After based on the revew by. the regulator..e. ACTE. a decson on contlnuatlon of the certfcaton of equvalence of degree/dploma shall be taken by statutory regulators. (v)' Statutory regulars should revew the fresh proposals/extensons-as' per ther statute and regulatons. 2. n case. the lnstltutlon desres_to opt for realgnng currculum wth NVEQF, t s advsed to use ths transton perod upto for necessary acton n ths regard. Ths ssues wth the approval of the Competent Authorty." 3. t s ponted out by -senor counsel for the pettoner that on the pettoner had -receved a communcaton from the ACTE nformng the pettoner that the ACTE had been assgned the task by MHRD for creatng rules. regulatons and -norms for mplementng techncal educaton through dstance learnng/mxed mode/blended learnng methodologes. The pettoner was requested to provde a copy of the current methodology of proqramrnes.. whch, ' WP(C) & Page 3 of8 -.

6 ,o _ are beng conducted, norms followed and the currculum prescrbed, so that the Commttee could' delberate on the same and take approprate decsons. The communcaton dated reads as under: "To.., Dr.S. Pal Presdent, ETE 2 nsttutonal Area Lodh Road, New Delh Dear Sr, ACTE has been assgned the task by MHRD of creatng rules, regulatons and norms for mplementng techncal educaton through dstance learnng/mxed mode/blended learnng methodologes. ' 'j, An Expert Commttee has been formed.to create a Polcy framework for the above. The Commttee s scheduled on March 7-,2013 at a.m. You are requested to provde a cop of the current methodology of the programmes you conduct, norms as you follow, and the currculum that you prescrbe before the Commttee so that the Commttee can' delberate on the same and take approprate decsons. Wth regards, Yours sncerely, (Prof.A. Bajasekaran)" despte au nformaton havng been suppled no fnal decson has been taken n the matter. t ts further submtted by senor counsel for the pettoner that there are no rules, regulatons or gudelnes, WP(C) & Page 4 of8 ~~'J~~~~~~---- ~ f~';;>~,' G}' Jud'~~ ~rtment hfor~ to.'. pro) o -:: th' of ;"'",'" '", ",ok...:;.., t01"l 70 ltol~. ~V'\;{!!!\,;r;A~~:.J

7 - whch have been crculated or nformed to the pettoner nformng as to what s the crtera the pettoner has to. meet pror to t s next submtted by the senor counsel that the pettoner s wllng to cooperate but by the O.M. dated the pettoner has been nformed that the students who have been' enrolled wth the pettoner nsttuton wth permanent recognton upto would be elgble for consderaton n accordance wth the MHRD offce Memorandum/order n force pertanng to ther Course for the equvalence n Central Government job, however, ~. these concerned orders wll cease to have effect from onwards. 5. Learned senor counsel for the pettoner submts that n the absence of any reason or explanaton offered to the pettoner the effect of such O.M. dated would be that the fate of the students would be n uncertanty and, thus, the students, who have been admtted, would not be assured as to whether they are enttled to apply for the jobs n the,central Government or not and ther fate cannot Qe made to hang n uncertanty when there are no notfed norms n the matter. Senor counsel further submts that before such ano.m. could have been ssued the respondents should have put the norms n place so that the nsttutons are aware as to what are the crtera they have to meet. 6. Learned counsel appearng on behalf of respondent no.3, ACTE, submts that' ACTE s well wthn ts rlqhtfo frame a polcy for WP(C) & 945/2013 PageS of ~

8 chanqlnq the norms and also to regulate the method and the courses whch are offered. Counsel further submts that decsons were taken at the hghest level and the purpose, of the same s revew of the currculum, mode of delvery of the programme, ts duraton and the Regulator wll revew the same and after revew a decson on the contnuaton of the certfcate of equvalence of decree would be taken by the Regulator. 7. n Vf.P.(C)945/2013 t s ponted out by counsel for the respondent A1CTEthat the pettoner n the sad wrt petton had not favourably responded to the letter dated Learned senor counsel for the pettoner n W.P.(C)945/2013 draws tle attenton of the Court to the order dated passed by ths Court wheren counsel for the respondent had' submtted that the letter dated has been ssued only to those nsttutons. who had requested for hearng n the matter wth reqard to the dstance educaton, to enable them to gve ther suggestons. t s n. that context that the learned counsel for the pettoner had stated that the pettoner had not sought any hearng n the matter. On the sad date, counsel for respondent no.2, ACTE, had also stated that respondent no.2, ACTE, had undertaken ths exercse wth respect to all the nsttutons and not n respect of the pettoner. Senor counsel for the pettoner, however, submts that the pettoner would be wllng to provde all the necessary nformaton to the respondents to enable them to' ascertan for themselves as to WP(C) & Page 6 of S..

9 " whether a decson can be taken wth regard to the currculum, mode of delvery of the programme and ts duraton, etc., or not. 9. Learned counsel for the respondent, ACTE, has strongly urged before ths Court that not only the ACTE s well wthn ts rght to ssue such an O-.M.but snce the ACTE Act tself provdes that the ACTE s the Regulator of the currculum and the procedure, whch s. to be followed by the nsttutons. 10. Learned senor counsel for the pettoners submt that at ths stage the Court should grant protectjon to the pettoners to the extent that the deadlne of should not come n ther way of grantng admssons and also leavng the fate of the students n uncertanty, more partcularly, for the reasons that the nsttutons are not aware as to the crtera what they have to met. 11. have heard counsel for the partes and consdered ther submssons. Havng regard to the stand taken by counsel for the partes, the O.M. dated qua the pettoners only wth respect to the deadlne of shall reman stayed tll the next date of hearng, however, t s made clear that the admssons, whch are made, wll be subject to fnal orders, whch wll be passed n the wrt petton. 12. On the last date of hearng, t was stated that t would rot be necessary to fle reply n W.P.(C)3239/2013. Today, t s ponted out by counsel for the respondents that t would be necessary to fle a WP(C) & 945/2013 Page 7 of8 1.! J

10 reply n W.P.(C)3239/2013 keepng n vew the dfference n facts. Let counter affdavt n W.P.(C)3239/2013 and reply_to em 6125/2013 be fled wthn four weeks from today. Rejonder, f any, be fled wthn four weeks thereafter. 13. Lst on MAY zs msr ;ul'~-~:~.- {G.S.SSTANl} JUDGE '. - _. ~,.~!'".. 1;- ~~ :t,.\.,<: 's<o;;~ll!1'-». ~\!~~\~G.~~~ c:r-l.s;~j~r:t(:;..,",'...' ~ J}!;1:1J),.,V.,YO. 'fox!.! h'v,!~..,:... ~'tq~ -, ~.-".r.. lto.t!r43 : " j'>.;' ;1 ":_ WP(C) & 945/ ~ " Page 8 of8 1, x _