THAKER SANJAYKUMAR PRANLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The only question which requires to be examined and adjudicated upon in this petition under Article 226 of the Constitution of India is as to whether the graduation in Bachelor of Education (B.Ed.) Degree obtained from the Open University of Dr. Babasaheb Ambedkar under National Council of Teachers' Education (NCTE) could be said to be equivalent to the B.Ed. degree of the Gujarat University.

(2.) In order to examine this aspect, a few material facts leading to the rise of this petition may be narrated at first. The petitioner after obtaining the degree of Master of Arts from Gujarat University joined Dr. Babasaheb Ambedkar Open University for the course of Bachelor of Education degree, in the year 1995. He, thereafter, joined S.D. Sethia College of Education, at Mundra, Kutch affiliated with the Gujarat University for further education in Master of Education course for the year commencing from July, 1998 and started attending Part-I M.Ed. course.

(3.) Since the College demanded for provisional eligibility Certificate, the petitioner approached the Respondent No.2, Gujarat University, in July, 1998, and also submitted an application in the prescribed format alongwith necessary certificates to which, according to the petitioner, oral assurance was given that the question of giving recognition is under consideration and he will be intimated in due course of time. On 21.08.1998, the Gujarat University informed the Principal of the College that the B.Ed. degree course of Dr. Babasaheb Ambedkar Open University has not been given equivalence recognition and therefore the admission of the petitioner in M.Ed. course is required to be cancelled. This reply was pursuant to the letter written by the college authority, on 05.08.98. So, within a period of 15 days, the Gujarat University informed the College that the admission should be cancelled as there was no recognition of the said course of B.Ed.