SULTANABANU SALA MATKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The pet i t i oners herein studied the degree of graduat ion f rom Maulana Azad Nationa l Urdu Univers i t y , after studying at a Distance Learn ing Ins t i t u t i on at Sur for 3 years . They are aggr ieved by the action of the respondent-State, which has not recognized the said degree on the ground that same is received after studying at the Distance Learning Institution at Surat. It is the say of the petitioners that Maulana Azad National Urdu University is established by the Act of Parliament in the year 1997, under the status of a National University. It is also their say that degree awarded by the Open Univers i t i e s has not been disputed. So far post as of the Head Teacher is concerned, these petitioners pursuant to the advertisement 22nd of January, 2017 approached the respondent- Authority, however, on the ground that the degree of the graduation received by the petitioners and other identically situated persons from Distance Learning Institution is not recognized by the State and they have been denied to fill in the form.

(2.) Learned Advocate for the Petitioners Mr. A.J. Yagnik has strenuously urged that the University Grant Commission in the present case has recognized that Maulana Azad National Urdu University has no territorial limits. This University has been started with an objective to promote and develop Urdu language and to impart vocational and technical education in Urdu medium through conventional teaching and distance education system. He has taken this Court through the objectives and various provisions to emphasise that the said University at a National level was to promote and develop Urdu language and to impart education and training in vocat iona l andTechnical education. He has relied upon Section 6 of the said Act to urge that the jurisdiction of the University extends to the whole of India. In the present case, the authority denied to consider the degree of the petitioners. He has also urged that with an intention to establish, maintain or recognize Study Centres for the delivery of the Distance Education, the provisions are made in the Act itself. Therefore, this University finds place with Banaras Hindu University, AIMS, Jamiya Miliaya Islamiya, Aligarh Muslim University, Delhi University and other Institutions declared by the Parliament under the law in the Union List vide the Entry-63, in the Constitution of India and therefore, the stand of the State deserves interference.

(3.) This Court has also heard Learned Assistant Government Pleader Ms. Asmita Patel she has on the ground of pendency of earlier petition being the Special Civil Application No. 6671 of 2016, urged that interim relief may not be granted as this Court in the said petition has defended the action of the Respondent-State. She has urged that it is categor i ca l l y mentioned in the advert i sement i t se l f that the degree f rom the Univers i t y / I n s t i t u t i on recognized by the Univers i t y Gran Commission was acceptable . However, any degree obtained f rom the Open and Distance Learn ing Ins t i t u t i on outs ide the State wi l l not be acceptable . She has, therefore , urged that when on the very ground for the very pet i t i oners have approached th i s Court and the Court had not granted any inter im re l i e f , therefore also , there no reason tointerfere at an interim stage.