Delhi HC Allows Students' Plea To Extend 2-Year Extra Review Period To Clear Backlog Papers In B.Tech Programs Under IGNOU-VIEP

The Delhi High Court allowed some students' plea who sought a direction the Indira Gandhi National Open University (IGNOU) to extend the benefit of a two-year Extra Review Period (ERP) to some students to clear their remaining backlog papers in the B. Tech programs undertaken under the IGNOU-VIEP.

In that context, the Bench of Justice C Hari Shankar observed that, "a writ of mandamus shall issue, directing the IGNOU to extend, to the petitioners, the benefit of two years’ ERP, within which they may attempt to clear the backlog papers remaining to be cleared in the B. Tech programs undertaken by them under the IGNOU-VIEP, as was extended to diploma students."

The Indira Gandhi National Open University (IGNOU) entered into a Memorandum of Understanding (MoU) with the Shri Angla Parameshvari Educational Trust (SAPET) on March 25, 2009, to provide degree and diploma courses in Engineering through a Vertically Integrated Engineering Programme (VIEP). Admissions were made for the academic years 2009-2010 and 2010-2011, after which the IGNOU-VIEP was discontinued. The minimum and maximum durations for these courses varied from 2 to 8 years, depending on the program.

All petitioners were admitted to the B. Tech Degree Programs in Engineering under the IGNOU-VIEP during the specified years. They pursued their courses on a face-to-face basis at the School of Engineering and Technology (SOET).

On August 28, 2009, the Ministry of Human Resource Development (MHRD) directed a stop to providing technical degree programs via Open Distance Learning (ODL). Consequently, IGNOU discontinued technical programs involving extensive laboratory components by ODL. However, this did not significantly affect the petitioners, as their B. Tech programs were conducted on a face-to-face basis.

On September 27, 2010, IGNOU's Academic Council allocated colleges to applicants for degree/diploma programs in Engineering under the IGNOU-VIEP. The petitioners were thus allotted institutes affiliated with IGNOU to pursue their courses.

On July 23, 2013, the Delhi High Court ruled in Hindustan Aviation Academy v. IGNOU that the MoUs executed by IGNOU for face-to-face technical programs, including the MoU with SAPET, were invalid without AICTE approval. Consequently, admissions to these programs were suspended after 2011.

In January 2017, IGNOU extended the registration period for diploma programs in Engineering offered under the IGNOU-VIEP by two years beyond the maximum duration. However, this extension did not apply to B. Tech degree courses, prompting the petitioners to approach the court, claiming that this amounted to discriminatory treatment.

The petitioners sought re-admission to complete their backlog papers, citing similar relief granted to diploma students. Despite a Supreme Court judgment allowing one-time validity for Engineering degrees from JNTU provided by ODL mode, IGNOU did not extend the same relief to B. Tech students under IGNOU-VIEP. 

The petitioners, therefore, approached the Delhi High Court, seeking an extension of the registration period for their B. Tech courses to complete their backlog papers.

The High Court made the following observations: 

(i) The B. Tech programs undertaken by the petitioners were face-to-face. The reliance on the Supreme Court judgment in Orissa Lift Irrigation Corporation is misconceived as it dealt with ODL professional courses by IGNOU. The Supreme Court endorsed conducting professional courses face-to-face. The decision approves conducting engineering courses by face-to-face mode rather than by ODL mode.

(ii) IGNOU cannot now claim that engineering courses could not have been provided on a face-to-face basis. Such a submission implies that IGNOU misled students into believing the B. Tech courses were authorized. Having advertised and charged fees for these courses, IGNOU cannot now question their legitimacy.

(iii) The AICTE, in its response dated 11 December 2018, stated it had no objection to the B. Tech degrees/diplomas awarded by IGNOU to students enrolled up to 2009-2010. This was in line with the Supreme Court's order in Mukul Kumar Sharma, which retrospectively validated engineering programs conducted by IGNOU by ODL mode, despite the ruling in Orissa Lift Irrigation Corporation that engineering courses could not be provided by ODL mode. It would be incongruous not to extend similar benefits to students who undertook degree programs face-to-face, especially given the observations in Orissa Lift Irrigation Corporation endorsing face-to-face professional courses.

(iv) The AICTE's communication dated 11 December 2018 did not limit itself to ODL mode engineering degrees/diplomas awarded by IGNOU. Hence, there is no reason why the benefit of this circular should not be extended to students who undertook programs on a face-to-face basis.

(v) The Court does not need to address whether IGNOU can undertake face-to-face engineering courses generally. This decision pertains to the specific circumstances of the IGNOU-VIEP courses conducted only for two years and not continued after 2011. This should not be seen as a validation of conducting engineering programs face-to-face by IGNOU.

(vi) The reliance on the 70th AC meeting of IGNOU held on 25 September 2018 is misplaced. In the subsequent 72nd meeting, it was stated that students undertaking bachelor’s programs in engineering under IGNOU were entitled to two years' re-admission to complete backlog papers, not limited to ODL courses.

(vii) The decision in the 72nd meeting overrules the SOET's decision dated 30 January 2019. It is not possible to hold the petitioners to be disentitled to two years’ re-admission to complete their backlog papers based on the SOET decision.

(viii) The SOET decision dated 30 January 2019 was not taken by the AC of IGNOU. The AC in its 72nd meeting allowed students undertaking bachelor’s degree programs to have two years’ re-admission to complete backlog papers, without limiting this to ODL courses.

(ix) IGNOU admitted under RTI that students of engineering who undertook the IGNOU-VIEP program were given three extra attempts to complete their backlog papers. There is no justification to restrict this benefit only to diploma students. Article 14 prohibits discrimination between similarly situated persons. There is no intelligible differentia between students of diploma and degree courses under the IGNOU-VIEP regarding the two-year ERP facility to complete backlog papers.

(x) The UGC Guidelines cannot inhibit the Court from granting relief as they are subject to the Rules and Regulations of individual universities and institutions.

Cause Title: Pandya Kushalbhai Ghanshyambhai & Ors. vs Indira Gandhi National Open University Maidan & Ors.

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