TMI Blog2019 (8) TMI 1459X X X X Extracts X X X X X X X X Extracts X X X X ..... was serious infirmity in the Degrees so obtained by the candidates, the matter ought to be sorted out either through representation or through properly instituted challenge in that behalf. If the promotion was not granted and was not being enjoyed as on the day when the judgment was passed, there was no violation of any direction issued by this Court. There are no violation on part of the alleged Contemnors. These Contempt Petitions are dismissed - Each of the petitioners shall deposit ₹ 5000/- by way of costs in the concerned Department within four weeks, failing which the Department shall recover the same in accordance with law. - Contempt Petition (C) Nos.408-409 Of 2019 In Civil Appeal Nos.17869-17870 Of 2017 - - - Dated:- 13-8-2019 - Uday Umesh Lalit And Vineet Saran, JJ. JUDGMENT Uday Umesh Lalit, 1. These Contempt Petitions filed by nine Petitioners submit inter alia that the alleged Contemnors have wilfully and deliberately violated the Judgment dated 03.11.2017(2018) 1 SCC 468 Orissa Lift Irrigation Corporation Limited vs. Rabi Sankar Patro and others, passed by this Court in Civil Appeal Nos.17869-17870 of 2017 and other connected matters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them. 66.6. If the students clear the test(s) within the stipulated time, all the advantages/benefits shall be restored to them and their degrees will stand revived fully. It is also submitted that the directions issued above were reiterated in following terms in the Order:- A] All such candidates, who wish to appear at the forthcoming test to be conducted by AICTE in May- June 2018 and who exercise option to appear at the test in terms of the judgment, can retain the degrees in question and all the advantages flowing therefrom till one month after the declaration of the result of such test or till 31.07.2018 whichever is earlier. B] This facility is given as one-time exception so that those who have the ability and can pass the test in the first attempt itself, should not be put to inconvenience. If the candidates pass in such first attempt, they would be entitled to retain all the advantages. 2. According to the Contempt Petitioners:- (i) They had enrolled themselves in courses leading to Degrees in Engineering through Distance Education Mode during the period 2001-2005. (ii) In terms of the Judgment, the Petitioners appeared in the test held by AICTE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date and the said Judgment is applicable only to those officer/officials to whom benefit of such degrees had already been given in the matter of recruitment / promotion etc. The opinion given by the Deputy Advocate General was to the following effect:- The very intent of the aforesaid direction is to restore the degrees of such candidates (enrolled during academic sessions 2001-2005) from the date of issuance itself, so that the benefits granted to them on the basis of such degrees are not withdrawn and further, that they become eligible for consideration for various benefits denied to them owing to lack of validity of such degrees. However, the said directions cannot be construed in a manner, so as to include any advantage/benefit not granted to a candidate/employee viz. initial entry into service, promotion, increment etc. because of lack of validity of such degree at that particular point of time. Moreover, such an interpretation of the directions of the Hon ble Court would lead to administrative chaos especially in the matters of selection and promotions. 5. An additional affidavit has also been filed on behalf alleged Contemnor No.3 placing reliance on letter No.3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g as against those who were enrolled after the academic sessions 2001-2005. Though the Judgment did not approve of the entire exercise undertaken by the concerned authorities, including the grant of ex-post facto approvals, a concession was given to the students who were enrolled during the academic sessions 2001-2005 and the matter in that behalf was dealt with in paragraph 57 as under:- 57. Having found the entire exercise of grant of ex post facto approval to be incorrect and illegal, the logical course in normal circumstances would have been not only to set aside such ex post facto approvals but also to pass consequential directions to recall all the degrees granted in pursuance thereof in respect of courses leading to award of degrees in Engineering. However, since the 2004 UGC Guidelines themselves had given liberty to the deemed to be universities concerned to apply for ex post facto approval, the matter is required to be considered with some sympathy so that interest of those students who were enrolled during the academic sessions 2001-2005 is protected. Though we cannot wish away the fact that the deemed to be universities concerned flagrantly violated and entered i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough from the date of the Judgment all the advantages and benefits flowing or arising from such Degrees would stand suspended, the benefits or advantages would get revived after the candidates had cleared the examination, spoken of in said paragraphs 57 and 58. If any candidate either failed to clear the examination in two attempts or if he chose not to appear in the examination, the Degree would stand annulled completely disentitling the candidate to all the benefits and advantages flowing from such degrees. 9. Some candidates approached this Court submitting that if in terms of the Judgment the benefits or advantages were to be withdrawn and could be regranted or restored only after the candidates had cleared the examination, it may entail some prejudice to the candidates. Some of the candidates who had obtained Post-Graduate Degrees and were employed on the strength of such Degrees would be required to surrender such benefits; and even if they were to pass the examination in the first attempt, it may still require restoration of the benefits leading to situations of inconvenience and prejudice. The directions in the Judgment were therefore modified to a certain extent in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g awarded through Distance Education Mode or that the concerned candidates were not granted any study leave to pursue such courses. If the Degrees were so obtained in violation of the norms and parameters laid down by the concerned Department, the matter assumes completely different complexion. The directions issued by this Court in the Judgment and the Order never directed to confer such advantages which the candidates were otherwise not enjoying on the date when the Judgment and clarificatory Order were passed. If there was serious infirmity in the Degrees so obtained by the candidates, the matter ought to be sorted out either through representation or through properly instituted challenge in that behalf. If the promotion was not granted and was not being enjoyed as on the day when the judgment was passed, there was no violation of any direction issued by this Court. As is evident, the representations made by the Contempt Petitioner claimed conferral of certain status and benefits which they were not enjoying earlier. If there be any grievance on that front, the entitlement needs to be established in proceedings other than a Contempt Petition. 12. Mr. Maninder Singh, learned S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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