AI Drafter 
TaxTMI 
TaxTMI 
2019 (8) TMI 1459
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....d violated:- "58. AICTE is directed to devise within one month from the date of this judgment modalities to conduct appropriate test(s) both in written examination as well as in practicals for the students concerned admitted during the academic sessions 2001-2005 covering all the subjects concerned. It is entirely left to the discretion of AICTE to come out with such modalities as it may think appropriate and the tests in that behalf shall be conducted in the National Institutes of Technology in the respective States wherever the students are located. The choice may be given to the students to appear at the examination which ideally should be conducted during May-June 2018 or on such dates as AICTE may determine. Not more than two chances be given to the students concerned and if they do not pass the test(s) their degrees shall stand recalled and cancelled. If a particular student does not wish to appear in the test(s), the entire money deposited by such student towards tuition and other charges shall be refunded to that student by the deemed to be university concerned within a month of the exercise of such option. The students be given time till 15-1-2018 to exercise such....
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....ng from their Degrees in terms of the Judgment and the Order. (v) The representations so preferred were more or less identical in terms and by way of sample one of the submissions made therein was:- "Therefore, it is requested to add my higher qualification i.e. B.Tech (Civil) and due benefit for promotion may please be given to me." 3. Alleging that no action was taken in respect of representations preferred by the Petitioners, it is submitted in the Contempt Petition:- "6. That the above said representation has not been replied to till date nor any action has been taken on the same. Rather the ACRs of the candidates who are junior to the Petitioners have been called for and their files have been forwarded to the Additional Chief Secretary for issuing orders of promotion. It is pertinent to mention that the above mentioned junior candidates had obtained their B.Tech degree through regular mode and the Petitioners herein had obtained their B.Tech Degrees from the Deemed Universities through the ODL Mode. However, after the Petitioners have cleared the June 2018 AICTE exam their degrees have become valid and hence they are to 3 All India Council for Tec....
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....tions proceed on leave on one pretext or the other, for a major part of the year in order to make preparations. As this tendency is undesirable and affects Government work adversely, it has been decided to place certain restrictions on permission accorded to Government employees in this respect, as under:- (i) Ad hoc employees should not be permitted to join courses or appear in examination. (ii) Only those regular employees who have completed 5 years of service should be accorded such permission. In reckoning the 5 years period service rendered by the employee in any other Office/Department of Government should also be considered. 2. However, those regular employees who have already been permitted to join a particular course of study, or who were studying for a particular course at the time they joined Government service, should be allowed to complete that course, without the necessity to having to obtain any permission." 6. We heard Mr. Siddharth Dave, learned Senior Advocate for the Petitioners and Mr. Maninder Singh, learned Senior Advocate for the alle....
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.... all the degrees in Engineering granted in pursuance of the said ex post facto approval. However, the fact remains that the facilities available at the study centres concerned were never checked nor any inspections were conducted. It is not possible at this length of time to order any inspection. But there must be confidence and assurance about the worthiness of the students concerned. We, therefore, deem it appropriate to grant some chance to the students concerned to have their ability tested by authorities competent in that behalf. We, therefore, direct that all the degrees in Engineering granted to students who were enrolled during the academic years 2001 to 2005 shall stand suspended till they pass such examination under the joint supervision of AICTE- UGC in the manner indicated hereinafter. Further, every single advantage on the basis of that degree shall also stand suspended." 8. In spite of the conclusion that (a) courses leading to Degrees in Engineering could not be taught through Distance Education Mode without there being express guidelines issued by AICTE3 permitting such mode; and (b) the deemed to be Universities in question were not entitled to start courses in ....
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.... month after declaration of the result of test or till 31.07.2018 whichever was later. The benefit of retaining the advantages was thus extended only till the first attempt. Those who could not clear the examination in first attempt or chose not to appear in the examination conducted in May/June, 2018 were not entitled to the concessions extended by the Order. 10. It was, therefore, clear that the candidates who, on the strength of such Degrees awarded through Distance Education Mode, had attained a particular level in their career or were enjoying certain benefits as on the date of the Judgment and if they pass the examination, those benefits would stand restored. If the candidates could clear the examination in the first attempt itself, there would not even be any break in continuous enjoyment of those benefits or facilities. The idea was, candidates should not stand deprived of the status that they were enjoying as on the day of the Judgment provided the candidates could prove their worth and ability. But if, the concerned candidates had not attained any particular status, as on the date when the Judgment was passed, the width of the directions was not to confer any additi....
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.... then is whether the Division Bench was right in setting aside the direction issued by the learned Single Judge to redraw the seniority list. It is contended by Mr S.K. Jain, the learned counsel appearing for the appellant, that unless the learned Judge goes into the correctness of the decision taken by the Government in preparation of the seniority list in the light of the law laid down by three Benches, the learned Judge cannot come to a conclusion whether or not the respondent had wilfully or deliberately disobeyed the orders of the Court as defined under Section 2(b) of the Act. Therefore, the learned Single Judge of the High Court necessarily has to go into the merits of that question. We do not find that the contention is well founded. It is seen that, admittedly, the respondents had prepared the seniority list on 2-7- 1991. Subsequently promotions came to be made. The question is whether seniority list is open to review in the contempt proceedings to find out whether it is in conformity with the directions issued by the earlier Benches. It is seen that once there is an order passed by the Government on the basis of the directions issued by the court, there arises a fresh cau....