KHOPADE JAYENDRA NARSING Vs. JAI NARAIN VYAS UNIVERSITY

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 4. 10. 2002 with the prayer that by appropriate writ, order or direction, the order dated 28. 5. 2002 (Annex. 4) issued by the respondent Jai Narain Vyas University (for short "jnv University") by which the registration of the petitioner for Ph. D. in political Science and Public Administration was cancelled on the ground that he had passed the B. A. External in one year sitting from Osmania University and that one year BA degree was not equivalent to B. A. degree of JNV University, be quashed and set aside and the respondents be directed to enroll the petitioner as a candidate for the Ph. D. with effect from the date of his submitting synopsis with the respondent JNV University.

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows:- THE petitioner passed one year BA degree course from the Osmania University in the year 1995 and a copy of the mark sheet is marked as Annex. 1. THEreafter, he completed his post graduation from the University of Pune in the year 1998 and secured first division and a copy of the post graduation mark sheet is marked as Annex. 2. THE further case of the petitioner is that on 1. 4. 2001, he contacted the Head of the Department of the Political Science of the respondent JNV University and finalized the topic after his approval for being a supervisor in the research work and thereafter, in May, 2001, he submitted the synopsis alongwith registration form and requisite fee as per directions of the supervisor. THE further case of the petitioner is that thereafter, in the month of february, 2002, he received a four point letter to submit his degree of post-graduation, migration certificate, income certificate and prescribed fee and in compliance of the said letter, he deposited the requisite fee and also submitted all other necessary details including his post graduation degree, but he was shocked to receive a letter dated 28. 5. 2002 (Annex. 4) stating that his registration for Ph. D. had been cancelled as he had passed the B. A. degree course from Osmania University in one sitting and that one year degree BA course was not equivalent to the JNV University. THE further case of the petitioner is that he personally met with the concerned authorities of the respondent JNV University and also made several representations, but of no avail. Hence, this writ petition with the prayer as stated above. In this writ petition, the main contention of the petitioner is that he was eligible to be registered as Ph. D. student on the ground that he possessed a valid post graduation degree, which was necessary and essential for admission to the degree of Ph. D. , as per Ph. D. Ordinances of the JNV University (Annex. 3 ). Furthermore, the petitioner passed the BA degree course from Osmania University in one sitting and that University is recognized one, therefore, that one year BA degree of the petitioner cannot be said to be invalid. Hence, cancellation of registration of the petitioner for Ph. D. through impugned order Annex. 4 was wholly arbitrary illegal and without jurisdiction. A reply to the writ petition was filed by the respondents and it was submitted by them that since the petitioner passed his graduation (BA degree) from Osmania University in one sitting and that one year BA degree was not at par with the BA degree of JNV University, therefore, post graduation, if any, done after one year BA degree course, was automatically void in the eye of law. It was further submitted by the respondents that through letter Annex. R/1 dated 4. 8. 1995, Dy. Secretary of the Association of Indian Universities, New Delhi informed the respondent JNV University that BA examination (External) of the Board of External Studies, Osmania University, Hyderabad was a recognized examination, but it was not covered under 10+2+3 pattern of education and the respondent JNV University was advised to decide the case accordingly. It was further submitted by the respondents that thereafter, the said letter Annex. R/1 dated 4. 8. 1995 was placed before the Equivalence Committee of the respondent JNV University and the Equivalence Committee in its meeting held on 26. 8. 1995 considered the said letter Annex. R/1 and passed the following resolution:- " THE Committee considered the letter No. EV/ii/ (449)/95/86469 dated 4. 8. 95 from the Deputy Secretary, Association of Indian Universities, New Delhi regarding equivalence of B. A. Examination (External) Osmania University, Hyderabad. THE Committee noted that the AIU has stated that the BA Examination (External) of Osmania University, Hyderabad is not covered under 10+2+3 Education. It was FURTHER RESOLVED that this examination will not be treated as equivalent to B. A. Examination of Jai Narain Vyas University, Jodhpur. " A copy of the minutes of the meeting of the Equivalence Committee held on 26. 8. 1995 is marked as Annex. R/2. It was further submitted by the respondents that thereafter, a Notification Annex. R/3 dated 1. 8. 1997 was issued by the respondent JNV University, in which it was clearly stated that students, who had passed BA, B. Com. in one sitting from Osmania University, would not be allowed admission in PG, and LL. B. Part-I of JNV University. It was further submitted by the respondents that a similar issue was decided by the Division Bench of this Court through judgment dated 24. 11. 2000 (Annex. R/4) in D. B. Civil Special Appeal No. 1050/2000 JNV University and Anr. vs. Smt. Kesar and Anr. (1), but the benefit was given to the respondent No. 1 of that case because of the simple reason that she had completed her studies, but it was made clear that this would not be treated as a precedent in other cases, meaning thereby the case of the respondents as put forward by them in their reply was accepted by the Division Bench of this Court in respect of one year BA degree of Osmania University on the point that it was not to be treated as par with the BA degree of JNV University. It was further submitted by the respondents that on the application of the petitioner, his case was reconsidered by Research Board in its meeting held on 4. 5. 2002 and the Research Board resolved to cancel the registration of the petitioner for Ph. D. as he had passed the BA External in one year sitting which was not equivalent to BA of the JNV University. It was further submitted by the respondents that the application of the petitioner for registration for Ph. D. was entertained on the basis of his post graduation degree from University of Pune and since at that time, Annex. 1 one year BA degree course from Osmania University was not produced, therefore, the petitioner was registered as Ph. D. student. However, as soon as the respondents came to know about the one year BA degree of the petitioner from Osmania University, his registration for Ph. D. was cancelled. It was further submitted by the respondents that the case of the petitioner was considered twice by the authorities of the respondent JNV University and after consideration, he was not found eligible to be registered as W. D. , student as he had passed B. A. External in one year sitting from Osmania University and that one year BA degree was not equivalent to the BA degree of JNV University. Hence, no case for interference is made out and this writ petition deserves to be dismissed. A rejoinder was also filed by the petitioner and he has placed on record a UGC letter dated 25. 2. 1997/4. 3. 1997 (Annex. 8) where it was decided by the Commission stated that the degrees of the candidates enrolled for the one time Bachelor's Degree Programme upto the year 1995-96 may be treated as valid and that decision was made applicable to all the Universities, who are running one sitting degree courses and placing reliance on the UGC letter Annex. 8, it was submitted by the petitioner that since one-time Bachelor's degree was found valid upto 1995-96 and the petitioner passed one year BA degree from Osmania University in 1995 through Annex. 1, therefore, his one year BA degree Annex. 1 should be treated at par with the BA degree of JNV University. Hence, the matter be re-considered in the light of the UGC letter Annex. 8 and the respondents be directed to enrol the petitioner as Ph. D. student.

(3.) THERE is also no dispute on the point that through letter Annex. R/1 dated 4. 8. 1995, Dy. Secretary of the Association of Indian Universities, New Delhi informed the respondent JNV University that BA examination (External) of the Board of External Studies, Osmania University, Hyderabad was a recognized examination, but it was not covered under 10+2+3 pattern of education and the respondent JNV University was advised to decide the case accordingly.