RAM PRAKASH Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner having qualified B.Sc. & B.Ed. did his M.A. from University of Rajasthan. Thereafter he did his M.Ed. from Kota Open University in the month of June, 2001 and submitted his application for Ph.D. registration under supervision of Dr. Smt. Vijay Laxmi Sharma on 26.7.2004 and when nothing substantive came forward that constrained him to approach this Court by filing instant petition. It was the specific case of the petitioner that one Smt. Anita Saini who was his batch mate and did M.Ed. along with him from Kota Open University in June 2001 applied for Ph.D. registration in the University of Rajasthan on 7.2.2002 and was registered in the University of Rajasthan on 18.2.2003 and Ph.D. was awarded to her on 12.12.2005 and this fact has been admitted by the respondent in their additional affidavit.

(2.) HOWEVER , after notices of the present petition came to be served, the respondent UOR filed their reply and one of the objection was that the petitioner did his M.Ed. from Kota Open University and the said course is not equivalent to the M.Ed. course conducted by the equivalence committee of the University of Rajasthan and that was the sole reason assigned by the respondent in their reply filed to the writ petition and further in the additional affidavit filed by the respondent -UOR it was deposed that as regards present petitioner is concerned he applied for registration for Ph.D. on 30.1.2004 but he was not registered for the reason that he failed to submit original documents as per the query letter dt. 26.7.2004 within a period of one month and accordingly it was treated to be canceled.

(3.) MAIN thrust of the counsel for petitioner is that there is no documentary evidence placed on record that as to what is the report of equivalence committee and the material on which equivalence committee arrived at the conclusion holding that degree of M.Ed. awarded by Kota Open University is not equivalent to the degree of M.Ed. awarded by the University of Rajasthan. However, respondent no. 2 in its reply placed material on record to justify that once degree/diploma/certificate awarded by the University established under the Act of Parliament or State Legislation are recognized by the University Grant Commission there appears no justification to hold that University of Rajasthan and Kota Open University which are being created under State Legislation and still require to grant equivalence to the degree awarded by one of the University will not be considered equivalent to the degree awarded by another University and further submits that once the decree of M.Ed. awarded by the Kota Open University to Anita Saini who was his batch mate in 2001 was registered with the University of Rajasthan on 18.2.2003 and Ph.D. was awarded to her on 12.12.2005 why different standard was adopted in the case of the petitioner and this action is violative of Art. 14 of the Constitution.