CHARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Adarsh Bhushan, learned Counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) Despite time having been granted to learned Standing Counsel on 3.1.2011 and stop order passed on 24.1.2011 neither any response has been shown by respondents nor counter affidavit has been filed. Learned Standing Counsel, however, states that the issue involved is legal one and, therefore, the matter may be heard by the Court on the basis of material available on record. The Court, therefore, proceed to hear the matter finally on the basis of record.

(3.) Learned Counsel for the petitioner contended that the petitioner's degree of B.Sc. (Physical, Health and Sports) obtained from Ch. Charan Singh University, Meerut (hereinafter referred to as the "University") in three years course completed in 2000 is a "Science" degree as treated by University and, therefore, it is not open to respondents to treat it "Arts" degree for considering candidature of petitioner for Special B.T.C. course. He contended that the University being an expert body is in a better position to determine the nature of degree and diploma course as to whether the same is in the field of Science or Arts. Once the University has treated and awarded degree as "Science" degree, it is not open to respondents to take a different view but they have to abide by the decision of the University. He submitted that it is the University's decision which shall prevail and not that of respondents. He placed reliance on Apex Court's decision in Kusum Lata v. State of Haryana and others, 2002 6 SCC 343; P.M. Bhargava and others v. University Grants Commission and another, 2004 AIR(SC) 3478 and Rajbir Singh Balal v. Chaudhari Devi Lal University, Sirsa and others, 2008 9 SCC 284.