The Punjab High Court on December 21st, 2022, in Arun Kumar v/ State of Haryana and Others (CWP-15209 of 2021 (O&M), passed a judgement that part time B.Tech programs cannot be treated at par with the regular degree, where admissions are secured through merit based system. The judgement was presided by Honourable Mr. Justice Arun Monga.
FACTS OF THE CASE:
In the case of promotion of junior engineers, questions were put forward to the Court whether the part-time weekend courses can be treated at par with the full time courses? Moreover, the admission to these weekend courses were not conducted through any examination. The All India Council For Technical Education (AICTE) did not approve of the course as well. The question put forward to quote was whether for promotion to the position of Sub Divisional Officer under the quote which was meant for degree holders, can a Junior Engineer who had attained a B.Tech degree by a weekend/part-time course be eligible? Both the sides laid a reference to Orissa Lift Irrigation Corporation Limited vs. Rabi Sankar Patro and others
JUDGEMENT OF THE CASE:
The Court contended that it was within the domain of the AICTE to accord approval of part-time B.Tech. The University is allowed to conduct other technical courses other than part-time B.Tech without AICTE approval. The Court further drew a contradiction between part-time courses and weekend courses. Part-time courses are held on day to day basis or on alternate days, the classes are held during evenings. However, this particular course was conducted and squeezed on only two days of the week. On this, the court out an observation regarding the limits of a human mind. After 5 days of rigorous work and other commitments, to take the two days and absorb the rigorous and heavy technical knowledge imparted in B.Tech courses, for a period of four years, and again get back to work the next day, is too much to expect. It would be at best a paper degree, considering a fatigued mind working throughout the week and then attending weekend engineering course, would be able to devote any time to self study or in-depth analysis of concepts.
Under the RTI, the AICTE clearly denied approval to the weekend course conducted by the University. The Court also held that a regulate B.Tech student has to undergo a National or State Level Examination to get into the course. However, for the weekend course, there was no such requirement, and in the absence of any such competitive exam, the criteria of admission stands unknown. The court held that it was a tailor made course to bypass the service rules.
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JUDGEMENT REVIEWED BY ARYA THAKUR.
