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HIGHCOURT ISSUES NOTICE TO UGC AND THREE OTHERS ON CONDUCTING UNAPPROVED COURSES OF M.SC AND M.COM

May 17, 2018 05:52 PM

Chandigarh (Subhash Jindal)

Punjab and Haryana High court issues Notice of Motion to University Grant Commission (UGC) & three others for conducting Unapproved courses of M.Sc./M.Com in Valuation going against Rule of Law u/s 22(3) of UGC Act. 

A single Bench of the HC comprising Hon’ble Justice Sh. Rakesh Kumar Jain today issued notices for 02.08.2018 to University Grand Commission (UGC), Shivaji University Kohlapur, Annamalai University Tamilnadu and ISTAR, Gujrat in a Civil Writ Petition filed through Advocate Sh. H. C. Arora by Valuers Association (Regd.) represented by its General Secretary, Er. Kapil Dev of Ludhiana. 

Er. Kapil Arora, General Secretary said that Shivaji University Kohlapur, Annamalai University Tamilnadu and ISTAR, Gujrat are conducting Master in Valuation course in Land & Building as well as Plant & Machinery without having prior approval from UGC as mandatory required under section 22(3) of UGC Act. The course in the name of M.Sc/M.com in Valuation for Land & Building as well as Plant & Machinery are not in the list of Gazette Notification issued for Specified Degrees by UGC in 2009 as well as 2014.

Er. Kapil Arora, General Secretary said that Shivaji University Kohlapur, Annamalai University Tamilnadu and ISTAR, Gujrat are conducting Master in Valuation course in Land & Building as well as Plant & Machinery without having prior approval from UGC as mandatory required under section 22(3) of UGC Act. The course in the name of M.Sc/M.com in Valuation for Land & Building as well as Plant & Machinery are not in the list of Gazette Notification issued for Specified Degrees by UGC in 2009 as well as 2014. In the said notification dated 5.7.2014, it is stated that any degree awarded in contravention of the said notification will be deemed to be an unspecified degree.

Earlier, Valuers Association through Adv. Sh. H.C. Arora had sent legal notice to all the four respondents including UGC but only Shivaji University had sent the reply which was un-satisfactory & contradictory to its own statement. UGC even failed to give reply to our legal notice. 

The respondent no. 2 to 4, despite knowing the fact that Hon’ble Supreme Court in a case title “Prof. Yashpal & Anr vs State Of Chhattisgarh & Ors on 11 February, 2005 has directed thatmere conferment of degree is not enough. What is necessary is that the degree should be recognised. It is for this purpose that the right to confer degree has been given under Section 22 of the UGC Act. 

Moreover, the respondent no. 2 to 4 are not only conducting illegal course but are also giving admission to Non-technical persons to field of technical profession whereas the Hon’ble Supreme Court in the latest case titled ” Orissa Lift Irrigation Corporation Limited Vs. Rabi Sankar Patro, 2017 (6) SLR, 249”  has categorically held that Degrees in Technical Courses include Engineering Degrees, in Engineering Technology, Architecture, Town Planning, Management, Pharmacy Applied Arts and Crafts etc. or any other programme declared by the Central Government by notification to be treated as a technical degree. 

After the conferment of the Post Graduation in M.Sc. Real Estate, such non-technical persons get themselves registered as valuers under the Wealth Tax Act and start issuing valuation reports for land and building for various banks and for other purposes (which includes comments on structure of building/signing layout and building plans of properties/ estimation and costing, surveying etc.) which is beyond their competency. Thus, such University/Institutions are playing a fraud on the UGC, and also on the various institutions/banks/Income Tax Department, who are registering such Post Graduates in M.Sc. Real Estate as registered valuers.  

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