LAWS(J&K)-2014-6-3

IMTIYAZA AKHTER Vs. UNIVERSITY OF KASHMIR

Decided On June 03, 2014
Imtiyaza Akhter Appellant
V/S
UNIVERSITY OF KASHMIR Respondents

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 13.12.2013 rendered by the learned Single Judge of this Court, holding that the appellant was not eligible for admission in M.A. Persian because she lacked the eligibility qualification of BA.

(2.) THE basic issue raised in these proceedings is, whether the appellant possessed a valid B. A. qualification because the stand of the respondent - University has been that she has failed to qualify Environmental Science at B.A. 2nd year level which is mandatory. It is appropriate to mention that the appellant did not qualify six month 's module course of studies introduced by the University Grants Commission ( for brevity the UGC ') and the resolution of the standing Committee of the respondent -University dated 30.05.2012, therefore, the BA certificate produced by the appellant has been regarded as incomplete.

(3.) MR . Nissar Ahmad, learned counsel for the appellant has preferred to argue that the resolution does not have any force of law and cannot be implemented. The aforesaid argument was also raised before the learned Writ Court and the same was rejected on the ground that there is no challenge to the constitutional validity of the resolution dated 30.05.2012 and, therefore, the appellant cannot be heard to say that the resolution should be set aside by declaring the same is illegal. There is no answer to the aforesaid reasoning adopted by the learned Writ Court for the simple reason that the resolution passed by the respondent -University is based on the directions issued by Hon 'ble the Supreme Court. It may be mentioned that the issue concerning introduction of Six Months Module Syllabus for Environmental Studies for Under Graduate Courses, came up for consideration before Hon 'ble the Supreme Court in the case of M. C. Mehta v. Union of India, AIR 1992 SC 382. In direction no. 4 at page 383 issued on 22.11.1991 it was observed as under: -