The Supreme Court has reaffirmed that Certificates issued with the aid of the Institution of Mechanical Engineers (India) [IMEI/ appellant] to its Members on a hit crowning glory of its bi-annual examination can’t be equivalent to a Degree.
The judgment became surpassed by way of a Bench of Justices UU Lalit and Deepak Gupta in an attraction via Institution of Mechanical Engineers towards a judgment of the Punjab & Haryana High Court.
The appellant, a Society registered underneath the Societies Registration Act, 1860 become mounted to sell the career and exercise of Mechanical Engineering Professionals. It conducts bi-annual examinations referred to as Technician Engineers’ Part-I and Part-II, Automobile Technician Engineers’ Examination Part-I and Part-II, Production Technician Engineers’ Part-I and Part-II, Refrigeration and Air Conditioning Technician Engineers’ Examination Part-I and Part-II and Section-A and Section-B of Associate Membership Examination in Mechanical Engineering.
On successful crowning glory of such examinations, the Certificate “Associate Member of Institution of Engineers” (AMIE) is awarded through the appellant.
In 1988, the Government of India diagnosed Part-I and Part-II Technician Engineers’ Examination (T) performed through the Institution of Mechanical Engineers (India) at par with a Diploma in Mechanical Engineering from State Polytechnic for the motive of employment to subordinate posts and offerings underneath the Central Government.”
The qualifications mentioned by means of Central authorities were advocated by the Government of Punjab for recruitment to subordinate posts and services underneath its control.
Pursuant to positive lawsuits towards the appellant, many deficiencies had been located within the curriculum presented by way of IMEI in its programmes. Later, the recognition granted insofar as examinations conducted and certificates issued by using the appellant for the functions of employment under the Central Government turned into withdrawn with the aid of MHRD in 2002.
Subsequently, it turned into restored by the Central government after a representation by means of the appellant.
In the 12 months 2008, a petition (Kartar Singh vs. Union of India and others) became filed in public hobby earlier than the Punjab & Haryana High Court submitting inter alia that number of look at centres and illegal establishments were jogging within the State promoting Degrees and Diplomas and the petition prayed for appropriate reliefs retaining Degrees and Diplomas provided by such take a look at centres/ establishments to be invalid for government jobs.
In 2012, the High Court brought its judgment this 2008 case. It held that a certificates from the Institution of Mechanical Engineers (India) can not be equal to a point.
The appellant challenged the identical in the Supreme Court. The Supreme Court treated the case in conjunction with similar matter from Orissa. By way of a judgment rendered in Orissa Lift Irrigation Corporation Limited v. Rabi Sankar Patro and different, the Supreme Court which affirmed the judgment of the High Court in Kartar Singh.
Thereafter, an utility for explanation and change of the selection of the Supreme Court was favored with the aid of the appellant. The remember came up earlier than the Registrar of the Supreme Court who refused to register the application protecting that the software for explanation/modification changed into intended to are trying to find evaluate of the judgment.
This judgment of the Registrar changed into challenged by means of manner of the cutting-edge Miscellaneous Application.
The Court in its judgment referred to that the appellant “does not impart any schooling however simply conducts bi-annual examinations and awards certificates”.
The constant stand of the appellant, the Court stated, changed into that it is not protected below any of the Acts viz. The UGC Act, Indira Gandhi National Open University Act, 1985 and the AICTE Act. The Court was, but, of the view that because it gives courses or programmes of technical education the appellant comes within the definition of “technical group” as defined in the AICTE Act.
Neither does the appellant, on its very own, grant Degrees in Engineering nor does it, in its capability as an affiliated group to a identified University, prepare students in courses main to Degrees in Engineering. Though it does now not impart any instructions both in concept or on realistic elements, it holds an exam, on fine clearance of which it awards Certificates of Membership to applicants. The question, therefore, changed into whether or not such Certificate can be known as equal to a Degree in Mechanical Engineering from a known Indian University?
Answering this query, the Court stated that not anything is apparent as to below what statutory regime or beneath which felony provision can such equivalence to the Certificate issued via the appellant be granted or conferred. No statutory provision has been pressed into service or relied upon to suggest that the appellant would be entitled to the conferral of such equivalence or reputation.
The Court made it clean that during terms of Section 22(1) of the UGC Act, proper to confer stages can be exercised only by a University set up or incorporated via or underneath a Central Act, a Provincial Act or a State Act or by an institution deemed to be a University under Section 3 of the UGC Act or via an institution in particular empowered via an Act of Parliament to confer or provide levels.
Claims made via various establishments like appellant had been considered on case to case foundation and equivalence became granted by MHRD. The first of those communications became of the year 1976 whilst AICTE Act changed into not in pressure. If the mandate of Section 22 disentitles any authority or character other than those laid out in Section 22 (1) to award ranges, there may be no strength or authority in every person including MHRD to award such equivalence, the Court ruled.
If a diploma can be provided only by the ones establishments which satisfy the description given in sub-Section (1) of Section 22 of the UGC Act, the mandate of Parliamentary regulation can’t be circumvented or nullified by awarding equivalence to a Certificate issued and presented by the appellant. The fee of that certificate will should be taken into consideration with the aid of every business enterprise as and while the occasion arises. The appellant could simply be entitled to award Certificate of Membership to its Members. Thus, the Court stated that the weightage the Certificates should deliver is some thing for individual employers to take into account in a given case.
Consequently, the Court concluded that neither can the appellant claim, as a be counted of right, to be entitled to confer any diploma nor can it claim that Certificate offered through it have to be reckoned to be equal to a Degree in Mechanical Engineering. It, consequently, rejected the plea.
However, the Court prolonged an exception for college kids enrolled up to May 31, 2013, which was the date as much as which equivalence to the Certificates offered via the appellant become granted with the aid of the MHRD in session with AICTE.