MANOJ KUMAR Vs. THE UNION OF INDIA

JUDGEMENT

(1.) This intra-court appeal has been preferred for setting aside the judgment and order dated 20.04.2017 passed by the learned Writ Court in Civil Writ Jurisdiction Case No. 19107 of 2015.

(2.) By the impugned judgment the learned Writ Court has held that it is the Association of Indian University (hereinafter referred to as "A.I.U.") which has the authority to declare equivalence of Post-Graduate Diploma with Post-Graduate Degree and since the requirement of declaration by A.I.U. for the purpose of equivalence of P.G. Diploma qualification with P.G. Degree is statutory in character due to its incorporation in the statutory regulation framed by the University Grants Commission in exercise of its power under Section 26 of the University Grants Commission Act, 1956, in case of the petitioner in absence of the P.G. Diploma (P.M.I.R.) qualification obtained from Lalit Narain Mishra Institute of Economic Development & Social Change, Patna (in short, "L.N.M.I.") not having the declaration of equivalence to P.G. Degree from A.I.U. cannot make the petitioner entitled for Lecturership even though he has passed the University Grants Commission National Eligibility Test (hereinafter referred to "UGC-NET") for Lecturership held in June, 2013.

(3.) The facts are not in dispute in this case. The petitioner has completed his Two Years Post Graduate Diploma in Personal Management and Industrial Relation (in short, "P.M.I.R.") from L.N.M.I. in the Academic Sessions 1999-2001. The L.N.M.I. is said to be an autonomous institution established by the Govt. of Bihar and is permanently affiliated to Magadh University, Bodh Gaya. It is the case of the petitioner that the L.N.M.I. is run by the Department of Education, Govt. of Bihar and gets its aid from the Ministry of Human Resources Development, Govt. of India and the Ministry of Human Resources Development has granted approval / recognition to its various courses. It is also not in dispute that the All India Council for Technical Education, New Delhi (in short, "A.I.C.T.E.") has accorded the approval to various courses run by L.N.M.I. which includes the P.M.I.R. course. The A.I.C.T.E. has also accorded equivalence of the said Post Graduate Diploma in P.M.I.R. with Master of Business Administration (M.B.A.) for various sessions including the Sessions 1999-2001.