Thursday 11 July 2019


AU/16/Dir/19/44.                                                                 June 17, 2019

To                                                                                           
The Director,
BARC.
                                                                  
Sub:  Request to release Results of STPT examination those cases are put on hold. 

Respected Sir,

With reference to the above subject representations are received from many employees who are appeared STPT examination held in the month of October 2018 and their results are put on hold. Further such employees are asked to submit valued document substantiating the AICTE approval of the course pursued by the candidates.
At the outset this Union has strong view that any changes to be brought by TC/TSc or DAE the same should be prospective with reference to the effective date. But in this case norms are changed with retrospective effect by which many employees are put on disadvantages position. It is also understood that in the past many employees have completed Diploma courses from such institutes (e.g. YCMOU) and submitted for promotion/track change and same is awarded. We appreciate the Department for allowing the candidates who are passed out with a requisite percentage of marks from such institutes for STPT. We have not found any worth on holding on the results of the candidates who appeared the above examination. We also would like to bring the following information for your kind deliberation.

1.        As per the Judgment No Appeal (civil) 2056 of 1999 dated 24/09/2001 of Honourable Supreme Court of India, “Universities which are established by state or central Act and duly recognized by UGC do not require ‘All India Council of Technical Education (AICTE)’ approval, for the launch of any technical programmes as universities are excluded from the definition of technical institution as per the Section 2(h) of AICTE ACT (1987).” (Copy of the judgement attached)
2.        AICTE in Letter No “F.No. 22-2408/2009 .RIA” dated 15-02-2009, which was a reply to  Right to Information (RTI), quote "As YCMOU is Open
 3.  University, whether AICTE approval is necessary?” as per AICTE, "As per existing policy to start with Technical courses by any institution, AICTE approval is mandatory. However, approved universities by Central/State Government and UGC are not covered under this category". (Copy of the letter attached)
4.  This is also clearly confirmed by AICTE in Letter No “F.No. AICTE/RTI Cell/2007/438” dated 04-Oct-2007, which was an answer to Query under ‘Right to Information (RTI’). According to AICTE “Degrees / Diplomas obtained through Distance mode and approved by DEC do not require AICTE approval”. (copy of the letter attached)
5.   It is also undoubtedly confirmed by another “AICTE’s reply dated April 12, 2007”, where AICTE clearly states that “courses offered by distance education mode do not come under the purview of AICTE”. (Copy of the letter attached).
6.    As a clause it’s also mentioned that those pursuing their technical education through distance mode of education should complete their practical at an AICTE approved study centre. It is also found that our employees are complied the above condition meticulously.
7.      All our employees are sought prior permission for acquiring higher qualification indicating the name of institutes in which they pursue their course and accordingly the department conveyed the approval for higher studies.

In the light of above we request you to release the results of the STPT 2018 which are kept on hold for want of documents from the candidates.

         
Thanking you,
                                                                                        Yours Faithfully


                                                                                         A. Sreedharan 
                                                                                         (Gen. Secretary)

Copy to Controller.

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