Certificate by Institution of Mechanical Engineers not equivalent to Degree, Supreme Court

The Supreme Court has reaffirmed that Certificates issued by the Institution of Mechanical Engineers (India) [IMEI/ appellant] to its Members on successful completion of its bi-annual examination cannot be equivalent to a Degree..The judgment was passed by a Bench of Justices UU Lalit and Deepak Gupta in an appeal by Institution of Mechanical Engineers against a judgment of the Punjab & Haryana High Court..The appellant, a Society registered under the Societies Registration Act, 1860 was established to promote the profession and practice of Mechanical Engineering Professionals. It conducts bi-annual examinations known 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 completion of such examinations, the Certificate “Associate Member of Institution of Engineers” (AMIE) is awarded by the appellant..In 1988, the Government of India recognized Part-I and Part-II Technician Engineers’ Examination (T) conducted by the Institution of Mechanical Engineers (India) at par with a Diploma in Mechanical Engineering from State Polytechnic for the purpose of employment to subordinate posts and services under the Central Government.”.The qualifications mentioned by Central government were endorsed by the Government of Punjab for recruitment to subordinate posts and services under its control..Pursuant to certain complaints against the appellant, many deficiencies were found in the curriculum offered by IMEI in its programmes. Later, the recognition granted insofar as examinations conducted and certificates issued by the appellant for the purposes of employment under the Central Government was withdrawn by MHRD in 2002..Subsequently, it was restored by the Central government after a representation by the appellant..In the year 2008, a petition (Kartar Singh vs. Union of India and others) was filed in public interest before the Punjab & Haryana High Court submitting inter alia that number of study centres and illegal institutions were running in the State selling Degrees and Diplomas and the petition prayed for appropriate reliefs holding Degrees and Diplomas awarded by such study centres/ institutions to be invalid for government jobs..In 2012, the High Court delivered its judgment this 2008 case. It held that a certificate from the Institution of Mechanical Engineers (India) cannot be equivalent to a degree..The appellant challenged the same in the Supreme Court. The Supreme Court dealt with the case along with similar matter from Orissa. By way of a judgment rendered in Orissa Lift Irrigation Corporation Limited v. Rabi Sankar Patro and other, the Supreme Court which affirmed the judgment of the High Court in Kartar Singh..SC restrains Deemed Universities from offering distance education courses without permission [Read Judgment] .Thereafter, an application for clarification and modification of the decision of the Supreme Court was preferred by the appellant. The matter came up before the Registrar of the Supreme Court who refused to register the application holding that the application for clarification/modification was intended to seek review of the judgment..This judgment of the Registrar was challenged by way of the current Miscellaneous Application..The Court in its judgment noted that the appellant “does not impart any education but merely conducts bi-annual examinations and awards certificates”..The consistent stand of the appellant, the Court said, was that it is not covered under any of the Acts viz. the UGC Act, Indira Gandhi National Open University Act, 1985 and the AICTE Act. The Court was, however, of the view that since it offers courses or programmes of technical education the appellant comes within the definition of “technical institution” as defined in the AICTE Act..Neither does the appellant, on its own, grant Degrees in Engineering nor does it, in its capacity as an affiliated institution to a recognized University, prepare students in courses leading to Degrees in Engineering. Though it does not impart any instructions either in theory or on practical aspects, it holds an examination, on satisfactory clearance of which it awards Certificates of Membership to candidates. The question, therefore, was whether such Certificate could be recognised as equivalent to a Degree in Mechanical Engineering from a recognised Indian University?.Answering this question, the Court said that nothing is clear as to under what statutory regime or under which legal provision can such equivalence to the Certificate issued by 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 status..The Court made it clear that in terms of Section 22(1) of the UGC Act, right to confer degrees can be exercised only by a University established or incorporated by or under 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 by an institution specially empowered by an Act of Parliament to confer or grant degrees..Claims made by various institutions like appellant were considered on case to case basis and equivalence was granted by MHRD. The first of those communications was of the year 1976 when AICTE Act was not in force. If the mandate of Section 22 disentitles any authority or person other than those specified in Section 22 (1) to award degrees, there is no power or authority in anyone including MHRD to award such equivalence, the Court ruled..If a degree can be awarded only by those institutions which satisfy the description given in sub-Section (1) of Section 22 of the UGC Act, the mandate of Parliamentary legislation cannot be circumvented or nullified by awarding equivalence to a Certificate issued and awarded by the appellant. The value of that certificate will have to be considered by each employer as and when the occasion arises. The appellant would certainly be entitled to award Certificate of Membership to its Members. Thus, the Court said that the weightage the Certificates should carry is something for individual employers to consider in a given case..Consequently, the Court concluded that neither can the appellant claim, as a matter of right, to be entitled to confer any degree nor can it claim that Certificate awarded by it must be reckoned to be equivalent to a Degree in Mechanical Engineering. It, therefore, rejected the plea..However, the Court extended an exception for students enrolled up to May 31, 2013, which was the date up to which equivalence to the Certificates awarded by the appellant was granted by the MHRD in consultation with AICTE..Thus, the Court said that conclusions drawn in the current case will apply only after June 1, 2013..[Read Judgment]