INSTITUTION OF MECHANICAL ENGINEERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Civil Appeal No.17922 of 2017 (arising out of Special Leave Petition (CC) No.7390) was filed in this Court by the appellant challenging the judgment and order dated 06.11.2012 passed by the High Court (High Court of Punjab and Haryana at Chandigarh) in Civil Writ Petition No.12909 of 2009 and connected matters. Insofar as the case of the appellant was concerned, Writ Petition No.12909 of 2009 was disposed of by the High Court (High Court of Punjab and Haryana at Chandigarh) holding, that the Membership Certificate granted by the appellants could not be treated as equivalent to a Degree in Engineering.

(2.) The appellant, a Society registered under the Societies Registration Act, 1860 is said to have been established to promote the profession and practice of Mechanical Engineering Professionals. Amongst its activities, 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' for short) is awarded by the appellant.

(3.) The University Grants Commission Act, 1956 ("the UGC Act", for short) was enacted to make provisions for coordination and determination of standards in Universities and Section 2(f) defines University to mean "... a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act". In terms of Section 3, status of "deemed to be University" can be conferred upon an Institution for higher studies other than a University. 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.