DIKSHA LAMBA Vs. UNIVERSITY GRANTS COMMISSION & ORS

JUDGEMENT

(1.) Vide the present writ petition under Articles 226 and 227 of the Constitution of India, the Petitioner has sought quashing of letter dated 19.11.2015 issued by the Respondent No. 1/University Grants Commission (hereinafter referred to as the "Impugned Letter"), whereby the Petitioner was informed that her result of the National Eligibility Test (hereinafter referred to as "NET") held on 30.12.2012 was cancelled after three years, on the ground that she did not fulfill the eligibility criteria for the said examination, since her Master's degree from the University of Leeds was not equivalent to a corresponding degree from a recognized Indian university as per the rules of the Respondent No. 2/Association of Indian Universities.

(2.) The facts, as emerge from the record, that are relevant for the determination of the present petition need to be noticed. The Petitioner, after acquiring a B.A. (Hons.) degree from Hans Raj College, Delhi University, obtained a Master's degree in Postcolonial, Literary and Cultural Studies from the University of Leeds, United Kingdom (hereinafter referred to as the "Subject Degree") in the year 2009. Thereafter, the Petitioner, desirous of pursing her academic career further, applied for admission to the M.Phil programs of Jawaharlal Nehru University and Jamia Milia University. The Petitioner was provisionally accepted for admission in both Universities, subject to her clearing the entrance exams and interviews respectively. The Petitioner cleared the entrance exams and interviews of both Jawaharlal Nehru University and Jamia Milia University. However, when the Petitioner approached Jamia Milia University to deposit her admission fee, she was not allowed to do so on the ground that she was required to get an equivalence certificate from the Respondent No. 2, certifying that the Subject Degree was equivalent to a corresponding degree from a recognized Indian university.

(3.) Aggrieved by the decision of Jamia Milia University to not grant her admission, in spite of her having qualified the entrance examination and interview, the Petitioner approached this Court by way of CWP No. 5285/2011. Vide an interim order dated 29.07.2011, this Court issued notice in the petition and allowed the Petitioner to deposit, subject to the outcome of the writ petition. In the meanwhile, the Petitioner also approached the Respondent No. 2 for an equivalence certificate with regard to the Subject Degree. The Respondent No. 2 informed the Petitioner that, since the Subject Degree was only for a duration of one year, as compared to the twoyear duration of a corresponding degree from a recognized Indian university, the former could not be granted an equivalence certificate by Respondent No. 2 due its deficiency in terms of duration. However, vide its letter dated 01.08.2011, the Respondent No. 2 also informed the Petitioner that it was the admission-giving university's prerogative to decide the issue of her admission as per their own rules and regulations. Essentially, this letter allowed the admission-giving university to decide the issue of the equivalence of the Subject Degree, as per their own rules and regulations. During the pendency of CWP No. 5285/2011 before this Court, Jawaharlal Nehru University granted admission to the Petitioner. Therefore, the Petitioner withdrew the said writ petition, without there being any adjudication on her claim of equivalence of the Subject Degree.