Date: 30.12.2017. 1. The Vice Chancellor,, Nagar, Tamil Nadu- 608 002 2. Prof.S.Maniyan, Vice Chancellor,, Nagar, Tamil Nadu- 608 002 Legal Notice 3. The Registrar,, Nagar, Tamil Nadu- 608 002 4. Dr.K.Arumugam, Registrar,, Nagar, Tamil Nadu- 608 002 Sirs, Sub: The post graduate degree course in the name of M.Sc. (Real Estate Valuation) through distance mode introduced from January 2010 by without getting mandatory approval from UGC, DEB & AICTE and violation to all laws of our Nation AIEVA direct the Vice-Chancellor and the Registrar of both in official and individual capacity to withdraw / cancel / stop / recall / revoke the course in the name of M.Sc. (Real Estate
2 Valuation) commenced in the academic year 2016-17 and further academic years with immediate effect if failed to stop the said illegal course, AIEVA will initiate criminal proceedings against both of you and other private persons and officials who are involved in this matter both in official and individual capacity - Regarding. Ref: 1. Our 1 st representation dated 16.08.2016 2. Our 2 nd legal notice to dated 15.09.2016 3. Reply from UGC in F.No.9-57/2016(CPP-II) dated 29.11.2016 4. Our rejoinder to UGC dated 14.12.2016 5. Our 3 rd Representation to dated 14.12.2016 6. Our 4 th representation dated 03.03.2017 In continuation to above cited representations, I, V.Subramanian in the capacity of President, All India Engineers and Valuers Association (AIEVA), I am issuing this legal notice to both of you arrayed as Serial No.1&2 and 3&4 and copy marked to other higher authorities in the administrative hierarchy. 1) In India, Grants Commission (UGC) is the regulatory body of higher education. If any university wants to start any course in India should get approval from UGC and other respective regulatory bodies such as AICTE. And they must start the course only in any one name mentioned in the UGC approved discipline-wise nomenclature of degrees at all levels of higher education in accordance with the notification issued by UGC in No.F.5-1/2013(CPP-II) dated 05.07.2014 on the subject of SPECIFICATION OF DEGREES. 2) But from the year 2010, the is conducting the course in the name of M.Sc.(Real Estate Valuation) by open and
3 distance learning (ODL) mode under Engineering & Technology Related Programmes in the Civil and Structural Engineering Department of as a two years duration Post Graduate level study without getting mandatory approval from Grants Commission (UGC),Distance Education Bureau(DEB) and All India Council for Technical Education (AICTE). 3) Further cannot conduct a course in the nomenclature as M.Sc.(Real Estate Valuation) as a specified of degree by the Civil and Structural Engineering Department as Engineering and Technology Related programmes in the ODL mode. The nomenclature of the said course is itself arbitrary, illegal and open violation of notification dated 05.07.2014 issued by the UGC. Further the Hon ble Supreme Court of India already held that degree means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission (UGC) by notification in the official Gazette and others are to be declared as unspecified degree in case Prof.Yashpal State of Chhattisgarh and others in (2005) 5 SCC 420 para 55 and the same is reproduced as follows: 55.Restriction 3.3 puts restriction on establishment of a university outside the State. Regulation 5 provides consequences of violation and lays down that if the Commission is satisfied that a private university has, even after getting an opportunity to do so, failed to comply with the provisions of any of the Regulations, the Commission may pass orders prohibiting the private university from offering any course for award of the degree or diploma. Similarly, UGC is empowered to take action any private university awarding first degree and/or a postgraduate degree/diploma, which is not specified by UGC and any private university continuing such programme and awarding unspecified degree shall be liable for penalty under Section 24 of the UGC Act. 4) To conduct any course in ODL mode, has to get approval from erstwhile Distance Education Council (DEC) or the present Distance Education Bureau (DEB). But the
4 never got approval from the DEC or UGC-DEB and continuously conducting in illegal way from the year 2010 to conduct the new course in the name of M.Sc. (Real Estate Valuation). 5) Further the Civil and Structural Engineering Department of has to get mandatory prior approval to start a new course at post graduate level in the engineering discipline from the All India Council for Technical Education (AICTE) which is the statutory and regulatory body in the subject of technical education. The subject of real estate valuation is inter-disciplinary and combination of three specialized braches in technical education namely civil engineering, architecture and town planning. The eligibility criteria fixed as any degree such as nontechnical degrees namely B.A., B.Sc.,B.Com., etc., and other branches of engineering degree holders to study the post graduate course in the specific technical branch. The entry level qualification fixed by is not only open violation of UGC regulation but also violation of the judgment of Apex Court passed in Annamali Secretary to Government, Information and Tourism Department and others reported in (2009) 4 SCC 590. The paragraph 51 (page 611) of the above judgment states that It is true that normally a student cannot enroll for Masters Degree course unless he has a basic Bachelor s degree in the chosen subject. So, it is very clear that even the technical graduates from other branches of engineering or technical education cannot study real estate valuation at post graduate level. It is upheld in the recent judgment passed by the Hon ble Indore Bench of High Court of Madhya Pradesh in W.P.No.1146/2015 in Sarch Kumar The Chief Commissioner Income Tax & Another on 21.09.2015. In this context, admitting non-technical graduates namely B.Sc., (Mathematics, Physics, Chemistry, Statistics, Environmental Science, Computer Science, Marine Science), B.A. (Economics), B.Com. (Commerce), Insurance, Law or Equivalent to the course meant only for very particular
5 technical graduates of civil engineering/architecture/town planning at post graduate level is a clear violation of all laws of our Nation. 6) Accordance with the UGC notification dated 05.07.2014, the nomenclature M.Sc. should not be used in the engineering and technology courses. But, under the Department of Civil and Structural Engineering conducting the course Real Estate Valuation in the nomenclature of M.Sc. It is arbitrary, illegal and unconstitutional. 7) In this situation, we sent 1 st representation on 16.08.2016, 2 nd representation on 15.09.2016 and 3 rd representation on 14.12.2016 to to stop the illegal course namely M.Sc. (Real Estate Valuation) with immediate effect. After that AIEVA filed a writ petition in the individual capacity vide W.P.No.1471 of 2017 before Hon ble Madras High Court and came up on 15.02.2017 for admission and it is pending as on date. Thereafter on 03.03.2017, we have sent notice to initiate criminal proceeding against the Registrar and others who are involved in this illegal act. In this context, the Ministry of Corporate Affairs has issued a notification regarding the commencement of the section 247 of the Companies Act, 2013 and Rules for Registered Valuers and Valuaiton on 18.10.2013. Immediately we filed a writ petition in W.P.(MD) No.20425 of 2017 before Hon ble Madurai Bench of Madras High Court to declare the said notification as null and void, and it came up on 06.11.2017. The Hon ble Madurai Bench ordered that the W.P.(MD) No.20425 of 2017 shall be clubbed to the other connected two writ petitions filed by us vide No.W.P.No.1471 of 2017 and W.P.No.1472 of 2017 which are pending before the principal seat of Madras High Court. 8) We came to know that there are several cases were filed by and others against UGC and also appeal filed by UGC against. The following are the writ petitions pending before the Hon ble High Court of Madras:
6 Sl.No. W.P.Number Litigants subject 1. W.P.No.30039/2012 2. W.A.No.606/2015 3. W.P.No.27185/2015 4. W.P.No.37760/2015 5. W.P.No.37261/2016 6. W.P.No.37262/2016 7. W.P.No.43404/2016 8. W.P.No.26088/2016 UGC and others UGC UGC and others UGC and others UGC and others UGC and others UGC and others Association of SF Bharathiar, UGC and others 9) The above writ petitions are dealing with the specific subject of territorial of the to conduct ODL programmes which are duly specified degree as per UGC norms and also approved by the respective regulatory bodies. In this subject matter, the UGC has filed counter affidavit in similar and identical prayer in W.P.No.26088 of 2016 and stated that the State Universities are not authorized to open Study Centers/ Off centers beyond its territorial of its State, as per observations of
7 the Hon ble Supreme Court of India in the case of Prof.Yash pal Vs- the State of Chhattisgarh (2005). Further it states that any conduct the courses by violating the Policy of the Central Government, Grants Commission (UGC), and Statutory bodies, governing their respective field of education are all illegal courses and thus Degree so awarded are not valid Degree in the eyes of Law. It also states that the respective is now wholly responsible for the illegal admissions and the plight of the students, who had spend huge money and put in number of years of their life in undergoing such an illegal Course conducted by the State. The above counter affidavit is squarely applicable to all the above cases filed by in the subject of territorial and other mandatory approvals. It is very clear that the course in the name of M.Sc.(Real Estate Valuation) conducted by is illegal course and liable to be stopped with immediate effect. 10) Further the writ petition in W.P.No.1471 of 2017 against the is different from the above said writ petitions. The main allegation is that the course in the name M.Sc.(Real Estate Valuation) is itself illegal and not approved by UGC,DEB and AICTE. The said new course mentioned the two terms as Real Estate and Valuation. The both the terms are not specified in the official notification regarding the specification of degrees by UGC dated 05.07.2014. The term Real Estate is not defined in the Wealth Tax Act, 1957 and even in recently enacted Act by Parliament namely the Real Estate (Regulation and Development) Act, 2016. It is very crystal clear that any university/institution in India cannot start a course in the name of Valuation of Real Estate without prior approval from the Central Government and UGC. did not get any approval from UGC and other statutory bodies to start a post graduate level degree course in the name of M.Sc.(Real Estate Valuation). So far, did not give any reply for our representation and notice.
8 11) Further from the academic year 2015-2016, all the Higher Education Institutions (HEI) should file an affidavit before UGC in prior to start the course under ODL mode. The also submitted application to UGC-DEB for renewal in the year 2015-2016 along with standard affidavit of all HEI prescribed by UGC. In the said affidavit dated 04.06.2015 of stated in paragraph 3.XIV as follows: That the territorial in respect of Universities for offering programmes through distance mode will be as per the policy of UGC on territorial and opening of off campuses/ study centres as mentioned in the UGC notification no.f.27-1/2012(cpp-ii), dated 27 th June 2013, a copy of which is also posted on the UGC website www.ugc.ac.in/deb. ( The not consented clause (XIV) since the territorial issue is pending before the Hon ble High Court of Madras in M.P.No.1 of 2015 in W.A.606/2015. ) 12) Further UGC had refused to grant any recognition for the year 2015-16 vide its letter No.F.1-2/2015(DEB-III) dated 14.08.2015 and also mentioned as 28.07.2015 and further directed as follows in the last paragraph of the said letter : It is therefore, directed that shall not admit any student for ODL programmes during the academic year 2015-16 will be held responsible if any student is admitted without getting the requisite prior approval from UGC. In this context filed a writ petition in W.P.No.27185/2015 and got interim stay with subject to the final decision in the pending writ appeal in W.A.No.606 of 2015 in W.P.No.30039/2012 which is filed by UGC against. Further in the Hon ble Madras High Court order dated 31.08.2015 in paragraph 6 stated as follows: However it is made clear that the admissions made are subject to the result of further orders that can be passed by the Hon ble Division Bench. The petitioner (Annmalai ) shall make this position clear to the students who are to be admitted.
9 13) Further the stated in paragraph No.3 that shall comply all the terms and conditions of the Grants Commission, New Delhi as under from Clause I to Clause XVI except the above mentioned clause XIV. Among these Clauses, the Clause No.III, IV,VII,XI and XIII are reproduced here and violation are mentioned in bold letter to prove officials have committed criminal breach of trust and cheating the public and students at large as follows: a) III. That the shall not start any new programme without prior approval of UGC and other concerned regulatory authorities in anticipation of regulation. But had started the M.Sc.(Real Estate Valuation) from the year 2010 without any approval from UGC. b) IV. That the nomenclature of all programmes shall be as per UGC/AICTE Regulations. But is continuously conducting the course in the non-existent nomenclature of UGC/AICTE in the name of M.Sc. (Real Estate Valuation) by Civil and Structural Engineering Department. c) VII. That the programmes in Engineering and Technology eg. B.E/ B.Tech / Diploma and course in Medicine / Nursing / Physiotherapy, etc., are not allowed through distance mode and the is not offering the same. But is offering the programmes in technical education through distance mode. d) XI. That the shall run its ODL programmes in those subjects / fields which are offered by it through regular mode only. But never conducted the said course in regular mode. e) XIII. That the eligibility conditions for admissions shall be as per norms of UGC/AICTE and other regulatory bodies. But the eligibility conditions for admission is not only in open violation of UGC/AICTE norms but also the judgment passed by Hon ble Supreme Court of India in Secretary to Government, Information and
10 Tourism Department and others reported in (2009) 4 SCC 590. 14) Further from the academic year 2016-17 did not submit any application to UGC to continue any course in the ODL mode and never get any approval for any course from the UGC-DEB from the academic year 2016-17. We have filed a writ petition against the Annmalai and seven others before the Hon ble Madras High Court vide W.P.No.1471 of 2017 with a prayer to quash the course in the name of M.Sc.(Real Estate Valuation) mentioned in the prospectus of the year 2016-17 of as arbitrary, illegal and unconstitutional and direct the UGC to declare the said course as unspecified degree and it is pending as on date. 15) In this context the Hon ble Supreme Court of India passed a judgment on 03.11.2017 that any technical education should not be conducted in distance mode at all levels starting from certificate, diploma, degree and postgraduate in the case of Orissal Lift Irrigation Corporation Limited -Vs- Rabi Sankar Patro & Others. Hence, it is very clear that the is conducting the said M.Sc.(Real Estate Valuation) course at post graduate level in ODL mode in open illegal manner and the persons who are involved in this matter are certainly liable both in official and individual capacity to face the criminal action under various penal laws of our Nation. 16) In the above mentioned judgment in paragraph No.45 says as follows: It was laid down by this Court in v. Secretary to Government, Information and Tourism Department and Others reported in (2009) 4 SCC 590 that no relaxation could be granted in regard to the basic things necessary for conferment for a degree and if a mandatory provision is not complied with by an administrative authority, the action would be void. Further in the 2009 judgment itself the Apex Court passed following relevant
11 orders as follow: Para-42: The provisions of the UGC Act are binding on all universities whether conventional or open. Para-55: It is one thing to say that informations have been furnished but only because of no action had been taken by UGC in that behalf, the same would not mean that an illegality has been cured. Para- 57: When a mandatory provision of a statute has not been complied with by an administrative authority, it would be void. Such a void order cannot be validated by inaction. In this case, one side, Universtiy is conducting the illegal course namely M.Sc.(Real Estate Valuation) without getting any mandatory approval from UGC-DEB and AICTE and on the other side the UGC utterly failed to stop the illegal course even after several representations sent by AIEVA from 16.08.2016 to 03.03.2017. Due to inaction of UGC only, is continuously conducting the said illegal course to exploit the innocent engineers by destroying their valuable time and hard earned money and created a permanent stigma. 17) Further in Para-53 IX of 03.11.2017 judgment Hon ble Supreme Court issued a direction as We direct the CBI to carry out thorough investigation into the conduct of concerned officials who dealt with the matters and went about the granting permissions against the policy statement, as indicated in Para 49 above and into the conduct of institutions who abused their position to advance their commercial interest illegally. Appropriate steps can thereafter be taken after culmination of such investigation. This is squarely applicable to this case to initiate criminal proceedings by CBI against the persons who are involved in the illegal act to start course in the name of M.Sc.(Real Estate Valuation) in the year 2010 by and continuing till date and the inaction of officials of UGC who are involved in the subject matter. 18) Further we sent representation to Grants Commission (UGC) on 16.08.2016, 15.09.2016, 14.12.2016 and
12 03.03.2017 to direct the to stop the said illegal course and to declare the said course as unspecified degree. The officials of UGC both in official and individual capacity are responsible to take action against the illegal activities of, but no action initiated by UGC till date. The Hon ble Supreme Court of India held in Prof.Yashpal-Vs-State of Chattisgarh (2005) 5 SCC para 46 that It is the duty and responsibility of the Grants Commission, which is established by Section 4 of the UGC Act, to determine and coordinate the standard of teaching curriculum and also level of examination in various universities in the country. In order to achieve the aforesaid objectives, the role of UGC comes at the threshold. The course of study, its nature and volume, has to be ascertained and determined before the commencement of academic session. 19) But, as on date there is no action from UGC to stop the illegal course in the name of M.Sc. (Real Estate Valuation). By utilizing this situation, the is continuously conducting the illegal course. Further we states that the officials/public servants and other private persons who are involved in this illegal act are liable for criminal action under various penal laws of our Nation. The above act of the Vice-Chancellor, the Registrar of will attract the IPC offences such as fraud, forgery, cheating, criminal breach of trust and criminal conspiracy and dereliction of legal duty and vicarious liability apart from the offences under the Prevention of Corruption Act,1989. Based on the above facts, I am directing the both two of you the Vice-Chancellor and the Registrar of both in official and individual capacity, to withdraw / cancel / stop / recall / revoke the course in the name of M.Sc. (Real Estate Valuation) commenced in the academic year 2016-17 and further academic years with immediate effect.
13 If the relief as above is not granted to us with immediate effect, we will be constrained to initiate appropriate criminal proceedings apart from the pending writ petition against both of you and other persons both in the official and individual capacity for their willful dereliction of legal duty, violation of fundamental rights and principles of natural justice and for their commission of unlawful activities and for omission of legal duties besides claiming compensation/damages/maintenance and for the cost of the litigations. (V.SUBRAMANIAN)