2018 SCC Vol. 1 January 21, 2018 Part 3

Education Law — Professional Colleges/Education — Engineering or Technical Colleges — AICTE Role and Duties — Technical education — Degrees in Engineering — Grant of — When permissible: Prescribing and approving authority for grant of degrees in Engineering is AICTE and not Distance Education Council (DEC) under Indira Gandhi National Open University Act, 1985. Therefore Engineering degrees in present case could not have been conducted by Open and Distance Learning mode (ODL mode) even if approved by DEC as they were not approved or expressly authorised by AICTE. Therefore, Engineering degrees in present case conferred through ODL mode, held, illegal. Consequences, and relief for students obtaining benefits like promotion in government services on basis of said degrees, laid down. [Orissa Lift Irrigation Corpn. Ltd. v. Rabi Sankar Patro, (2018) 1 SCC 468]

Insolvency and Bankruptcy Code, 2016 — Generally — Maharashtra Relief Undertakings (Special Provisions) Act, 1958 — Repugnancy with 2016 code and Effect of: The Insolvency Code is a Parliamentary law that is an exhaustive code on the subject-matter of insolvency in relation to corporate entities, and is made under Entry 9, List III in the Seventh Schedule. Further, earlier State law (Maharashtra Act) is repugnant to the later Parliamentary enactment (Insolvency Code) as under the said State law, the State Government may take over the management of the relief undertaking, after which a temporary moratorium in much the same manner as that contained in Ss. 13 and 14 of 2016 Code takes place under S. 4 of the Maharashtra Act. [Innoventive Industries Ltd. v. ICICI Bank, (2018) 1 SCC 407]

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