Indian Council Of Engineers v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3555/2017 & CM Appl. nos. 15575-76/2017 INDIAN COUNCIL OF ENGINEERS ..... Petitioner Through : Mr. Shashank Kumar, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through :Mr. Anil Soni, Standing Counsel with Ms.

Priyanka Singh, Adv.

respondent nos. 1 and 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.04.2017 By this writ petition under Article 226 of the Constitution of India, petitioner has prayed that respondent nos. 1 to 3 be directed to recognize the courses conducted by the petitioner institute, for the purpose of employment in Government and PSUs.

During the course of hearing, it has been admitted by the learned counsel for petitioner that the institute has yet not received any approval from the All India Council for Technical Education (AICTE) or any other competent authority for conducting the engineering courses. Petitioner had made an application with AICTE on 20th October, 2016 for grant of approval. It has also been admitted that the said application is still pending. Accordingly, certificates/degrees awarded by the petitioners cannot be treated equivalent to

the certificates/degrees having been issued by the recognized colleges/institutions.

During the course of hearing, learned Standing Counsel for the respondent no. 1 submits that petitioner has not even applied on the prescribed proforma, as per the rules governing the field. Even otherwise, no such rule could be pointed out by the learned counsel for the petitioner that AICTE is bound to issue any such equivalent certificates. For the foregoing reasons, I do not find any jurisdictional error in the impugned order dated 9th February, 2017 (Annexure P-7) of AICTE, which reads as under:- Sub:- Current status of Autonomous Professional Institution 'Indian Council of Engineers", ICE courses for taking admission for higher studies and valid in Govt. and PSU jobs in India and Abroud. Sir, Kindly refer to your letter to MHRD which has been forwarded to us vide F.No. 19-6/2016-TS.II dated 05.01.2017 on the above noted subject.

We would you like to inform you that AICTE, as per present policy is not providing equivalence to the qualification obtained from AICTE's approved institutions/departments at any level higher

education purpose as well as employment purpose.

It is up to the employer to decide the suitability for a particular post in case of employment purpose and it is up to the institutions for higher studies in case of academic purpose.

regards (Shri Piyush Shukla) Assistant Director Policy and Academic Planning Bureau"

Petition is dismissed.

Miscellaneous applications are disposed of as infructuous.

A.K. PATHAK, J.

APRIL 25, 2017 rb