TARIQ ISLAM Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) - Leave granted.

(2.) Respondent No.1 issued an advertisement inviting applications for appointment to the post of Lecturer in Philosophy on October 1, 1997. Apart from other qualifications, one of the essential qualifications provided for such appointment in the said advertisement is "Good academic record with at least 55 per cent marks or equivalent grade at master's degree level in the relevant subject from an Indian University or equivalent degree from a foreign university". The appellant who had obtained B.A.(Hons) degree from the Council of National Academic Awards, North London, securing more than 55% marks and who had worked with the first respondent University from 25-8-1981 to 2-1-1993 in temporary vacancies for about 10 to 11 years as a Lecturer in Philosophy, offered his candidature for appointment to the post of Lecturer in response to the aforesaid advertisement. The Selection Committee selected the appellant and respondent No.7 to the third vacancy. It was stated that in case it is held that the appellant is not possessing Master's degree and his appointment is not approved by the Executive Council, Dr.Mohd. Hayat Aamir, respondent No.7, be appointed. Thereafter the Vice-Chancellor approved the appointment of respondent No.7. The appellant filed a writ petition stating that he possessed the necessary qualifications for the appointment having obtained B.A.(Hons) degree from the Council of National Academic Awards and having passed the M.Phil. in 1986 and having obtained the Doctorate degree in Philosophy in 1991. At the time when his admission came up for consideration in M.Phil. leading to Ph.D., a reference was made to the British Council by the Standing Committee for Equivalence and the Faculty of Arts accepted his admission. The Dean, the Faculty of Arts. in fact, intimated that the issue was academically settled. The Academic Council approved the admission of the appellant to M.Phil. leading to Ph.D. course. Thereafter, on 6-11-1984, his admission to M.Phil. was cancelled and he made a representation and his representation was allowed on 6-4-1985. Then on 13-4-1985, the Controller of Examinations and Admissions issued an order declaring equivalence for the purpose of admission to Ph.D. course and thereafter the order of cancellation of admission of the appellant was revoked. The Academic Council ratified the decision of the Vice Chancellor based on the recommendation of the equivalence committee by resolution passed on 27-7-1985. In this background, the appellant asserted that he possessed the necessary qualifications for being appointed as a Lecturer.

(3.) The High Court relied on a book on equivalence of foreign degrees' published by Association of Indian Universities to hold that the B.A.(Hons) degree possessed by the appellant is not equivalent to Master's degree and thereby the appellant lacks essential qualification for appointment as Lecturer. On that basis, the High Court dismissed the writ petition. Hence this appeal.