Amoghvarsh Sisodia v. Indian Institute Of Technology
2018-07-25
RAJESH SHANKAR
body2018
DigiLaw.ai
ORDER Rajesh Shankar, J. - The present writ petition has been filed for issuance of direction upon the respondents to allow the admission of the petitioner in M.Tech course as the petitioner has been declared successful in the entrance examination. 2. The factual background of the case as stated in the writ petition is that the petitioner has completed B.Tech in "Geo Science Engineering" in 2014 from the University of Petroleum and Energy Studies (UPES), Dehradun which is a recognized University by the University Grants Commission (UGC). The petitioner applied for M.Tech (Engineering Geology) course offered by the IIT-iSm, Dhanbad and the qualification provided therein clearly stipulated that the admission would be granted to the candidates who possess the Bachelor degree in Engineering (BE)/B.Tech or equivalent degree in Civil Engineering or Master degree in Science (M.SC) in Geology/Applied Geology/Geoscience/Marine Geology from the Institute recognized by the UGC/AICTE. The petitioner having found himself eligible for admission in M.Tech course appeared in the entrance test and stood first, however, he was not permitted to deposit the admission fee to take the admission. The petitioner lodged complaint in Prime Minister''s Office, Technical Education Bureau, whereupon he was informed that his petition was forwarded to the ISM, Dhanbad and he was asked to take up the matter with the Nodal Officer of the IIT-ISM. Thereafter, the petitioner contacted the competent authority of IIT-ISM, who informed that his matter has been sent to a committee constituted to consider the claim of the petitioner, however, nothing was done which gives rise to filing of the present writ petition. 3. The learned counsel for the petitioner submits that the petitioner has obtained B.Tech Degree in "Geo Science Engineering" from University of Petroleum and Energy Studies, Dehradoon which is duly recognized by the UGC and is also competent to award B.Tech Degree duly recognized by Association of Indian Universities (AIU). It is further submitted that similarly situated candidates, who have obtained the B.Tech Degree from the UPES, have been allowed to take admission in M.Tech in IIT Bombay, however, the petitioner has been denied admission by the respondent - IIT-ISM. It is further submitted that as per the AIU, the degree granted by the UPES is equivalent to B.Tech Degree. However, refusal on the part of the respondent - IIT-ISM to recognize the said degree is wholly arbitrary, unjust and unsustainable. 4.
It is further submitted that as per the AIU, the degree granted by the UPES is equivalent to B.Tech Degree. However, refusal on the part of the respondent - IIT-ISM to recognize the said degree is wholly arbitrary, unjust and unsustainable. 4. Per contra, the learned counsel for the respondent - IIT-ISM submits that the Department of Applied Geology, IIT-ISM, Dhanbad in its Departmental Advisory Committee (DAC) meeting dated 24.01.2013 discussed the matter related to consideration of B.Tech (Geo-Science Engineering) course of the UPES, Dehradun for admission to M.Tech (Engineering Geology) Programme at IIT-ISM Dhanbad and identified several shortcomings of the said degree, thus recommended not to consider the aforesaid degree for admission in the said M.Tech programme. It is further submitted that B.Tech (Geo-Science Engineering) course undertaken by the petitioner at UPES, Dehradun has total duration of 4 years, whereas M.Sc (Geology) takes total 5 years i.e., 3 years for B.Sc and 2 years for M.Sc which is one of the eligibility criteria for M.Tech programme of IIT-ISM, Dhanbad. It is further submitted that acceptance of B.Tech degree of the UPES, Dehradun for admission in M.Tech (Earth Sciences-Geo-Exploration) course at IIT Bombay does not entitle the petitioner to claim his admission at IIT-ISM, Dhanbad in the M.Tech (Engineering Geology) course as every Institute has its own academic autonomy for relaxing or not relaxing eligibility qualifications for different courses. It is also submitted that the Secretary, UGC has issued Public Notice No. F.9-3/2016(CPP-II) dated 19.07.2016 regarding equivalence of degrees stating that the equivalence of degree, diplomas, certificates etc. are not determined by the UGC and in the case of higher education, the equivalence is decided by the University concerned, whereas in cases of employment, promotion etc., the equivalence is decided by the employing organization. 5. Heard the learned counsel for the parties. 6. The case of the petitioner is that he is eligible for admission to M.Tech (Engineering Geology) course in the respondent-University. In the Information Brochure for M.Tech Admission 2017 (2- year M.Tech Programmes) under Clause 3, the eligibility of candidates has been provided. The relevant portion of the said brochure is quoted here-in-below: 3.1 General Eligibility of the Candidates - (a) Candidates must possess a Bachelor degree in Engineering/Technology or equivalent or a Master degree in Science, from the institute recognized by UGC/AICTE. The qualifying degrees for each of the M. Tech Programmes are mentioned in Table 2.
The relevant portion of the said brochure is quoted here-in-below: 3.1 General Eligibility of the Candidates - (a) Candidates must possess a Bachelor degree in Engineering/Technology or equivalent or a Master degree in Science, from the institute recognized by UGC/AICTE. The qualifying degrees for each of the M. Tech Programmes are mentioned in Table 2. (b) The candidate with equivalent degree and discipline are allowed to apply in different M.Tech programmes. Under such cases, candidates have to mention the name of the equivalent degree and discipline in the application form with the declaration that such program is specialized discipline of the requisite qualification mentioned in the information brochure. The candidate has to produce the "certificate for degree equivalence", issued by any of the certifying authorities like UGC, AICTE, AIU etc declaring that his/her degree is approved and equivalent to the requisite qualifying degree as mentioned in Table 2. Table-2 :- Qualifying Degrees, Disciplines & Gate Paper Codes for M.Tech. Programmes 7. Engineering Geology (EGL) - Any one of the following: - M.Sc/M.Sc Tech degree in Geology/Applied Geology/Geoscience/Marine Geology with 3-year B.Sc (Honours/Major/Main/Equivalent) in Geology - BE/B.Tech or equivalent degree in Civil Engineering - 5 year integrated M.Sc/M.Sc.Tech/M.Tech in applied Geology/S-year integrated M.Tech in Geological Technology. 7. The thrust of the argument of the learned counsel for the petitioner is that the B.Tech degree in Geo Science Engineering granted by the UPES in 2014 is equivalent to M.Sc Geology and, therefore, the petitioner is entitled to the admission in M.Tech course offered by IIT-ISM, Dhanbad as he has been successful in the entrance examination. In support of his contention, the learned counsel for the petitioner has heavily relied upon the letter dated 20.03.2012 issued by the Section Officer (Evaluation) of AIU. 8. I have perused the said letter dated 20.03.2012, the relevant portion of which is quoted as under: Based upon the comments and evaluation reports received from the experts, the curriculum of the B.Tech (Geo Science Engineering) and B.Tech (Geo Informatics Engineering) programs offered by your University can be equated with the academic contents of M.Sc. (Geology/Applied Geology/Applied Geophysics) programs offered by various Universities in India. 9.
(Geology/Applied Geology/Applied Geophysics) programs offered by various Universities in India. 9. In answer to the above letter, the respondent - IIT-ISM, in its counter-affidavit, by referring to Clause 33 of the Information Brochure, "Policies and Procedure for Equivalence of Qualifications/degrees" issued by the AIU has stated that the same has not been issued following the guidelines of Policies and Procedure for Equivalence of Qualification/degree as the AIU is not concerned with determining the disciplinary parity between different qualification and in determining suitability or adequacy of a qualification/degree with regard to the eligibility for admission or employment and such decisions rests with the concerned university/recruitment agency. The role of the AIU is primarily to grant equivalence of Degree awarded by the Foreign Universities. 10. On perusal of the "Information Brochure" of the AIU, it appears that the role of the AIU is to facilitate equivalence of Degrees awarded by Foreign Universities to help students with foreign degree in pursuing higher studies in Indian Universities. It has specifically been provided under Clause 30 of the Information Brochure that AIU is not involved in determining the equivalence of Degree awarded by the Indian Universities since as per rules, the degrees awarded by an Indian University is recognized by all other Indian universities as all universities are required to award degrees in accordance with the Acts & Statutes and in adherence to the rules, regulations and guidelines prescribed in this regard by the MHRD/UGC/AICTE or any other competent regulatory body in the country. Thus, the letter dated 20.03.2012 issued on behalf of the AIU appears to be inconsistent with the object of the AIU and, therefore, the same will be of no help to the case of the petitioner. 11. The UGC, vide letter dated 19.07.2016 has also resolved that the equivalence of degree in the case of higher education is to be decided by the University concerned. On perusal of the record, it appears that the respondent - IIT-ISM constituted a committee to decide as to whether the degree of the petitioner can be treated as equivalent degree so as to make the petitioner eligible for admission in M.Tech course and it was resolved as under: Chairman, DAC appraised the members about a letter received from UPES, Dehradun (No. UPeS/IA/AOI/2013 dd.
15.01.2013) to consider their B. Tech (Geo Science Engineering) and B. Tech (Geo Informatics Engineering) students to pursue M. Tech courses in the Department of Applied Geology at ISM.DAC identified several shortcomings viz. (a) The above mentioned B. Tech programmes of UPES, Dehradun are not approved by UGC (b) Geological input is not adequate in the syllabus of the above mentioned courses (c) candidates having with B. Tech degree of these two courses are not eligible by UpSc to appear in Geologists'' Examination. Hence, DAC recommended that students from the above mentioned courses of UPES, Dehradun are not eligible for admission to the M. Tech courses in the Department of Applied Geology at ISM. 12. It would thus be evident that the committee of the respondent-University (IIT-ISM) has made detailed deliberation on the issue and recommended that the students who pursued B.Tech (Geo Science Engineering) and B.Tech (Geo Informatics Engineering) courses are not eligible for admission to the M.Tech courses in the Department of Applied Geology in the said University. 13. The petitioner has also failed to bring on record any certificate from the certifying authorities, particularly UGC and AICTE showing equivalence of B.Tech (Geo Science Engineering) with the M.Sc (Geology)/Applied Geology/Applied Geophysics so as to make him eligible for admission in the M.Tech course offered by the respondent-University (IIT-ISM). 14. In view of the aforesaid discussion, the writ petition having no merit is accordingly dismissed.