Gujarat High Court Issues Notice To IIM-A In Plea Against Grant Of Unrecognized MMS(eLM) Degree Instead Of MBA Degree [Read Order]

Notices were issued by a Bench comprising of Justice GR Udhwani in a petition filed by 53 students of IIM-Ahmedabad, alleging that the institution had represented to them in writing that ePGP course is equivalent to an MBA degree. However now, they are being awarded "Master of Management Studies (eLearning Mode)" (MMS(eLM)).

It is mentioned that MMS(eLM) degree was not amongst the list of specified degrees that could be lawfully awarded by any Institution, as set out in the UGC Notification on Specification of Degrees under Section 22(3) of the UGC Act 1956. Further, it is not recognized by any institution, whether in India or abroad.

"Under the law as it stands only such degrees can be awarded by the Institutes as those that figure in the list of Specified Degrees," the plea states.

The Petitioners have submitted that the announcement of MMS(eLM) degree by IIM-A was made in March 2020, much after the first Batch completed the course and was declared successful in the examination.

It is pointed out that the institution had all along promoted the course as MBA on various social media sites, official IIMA Youtube admission webinars, student brochures, official Annual Report and even mentioned eMBA on the receipts of fees up till now.

The students were assured that they would be awarded PGDM in line with other three PGP courses of IIM-A, as all these courses are of 'same level'. However now, they are being "singled out arbitrarily", merely because their mode of study is online.

The plea states,

"The use of the term 'online teaching' and 'e-mode' is a misnomer in the present instance because students went to IIM- Ahmedabad campus for classes and IIM-A designated study centres in every city. The classes of IIM Ahmedabad campus were like regular classes like other three long duration courses and the classes at IIM-A designated study centres were in real time with state of art technology for 3.5 hours 4 days week throughout 2 years and the instructor was present in the room."

Further,

"Evaluation at the IIM-A study centre was done in the same manner as regular programmes… under the instructor and CCTV surveillance. The mid semester, end semester examinations, project work and its evaluation and capstone were held compulsorily at the IIM-A campus like other 3 long duration courses. Examinations and evaluations of the ePGP course were as rigorous as the other 3 long duration programmes…the faculty was as the same other 3 long duration programmes."

The petitioners have therefore pleaded parity and equity with other courses, as their present degree of MMS(eLM) has no value for the purpose of job and higher research in other Universities.

It is submitted that the Director of IIMA repeatedly claimed equivalence of MBA degree with MMS degree and MMS degree with MBA degree by accreditation bodies, contrary to the facts and in terms of their own disclosure through RTI which says "no such record held".

It is stated that whereas the expected time to award degrees under the UGC guidelines is 180 days, the Petitioner-students have been languishing without a degree for over a year now. They have lost the opportunities for jobs/ further education and research in other Universities, even after qualifying exams in 2019.

Thus, it is urged that the institution be directed to re-issue marksheets to the Petitioners for the MBA course.

Senior Advocate Dr Colin Gonsalves represented the Petitioners.

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