MAHESH CHANDRA SHARMA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) The petitioner after doing his Master of Arts degree from the University of Rajasthan in the year 1982, had passed first year of LL.B. from Sukhadia University, Udaipur of Academic Course (hereinafter to be referred to as 'A' Course) of LL.B. Examination by correspondence and was later on transferred to Kota Open University, Kota. He passed two years' 'A' course from Kota Open University by correspondence in the year 1991 as per mark-sheets attached as Annexures 1 and 1-A. The petitioner desired to take admission in third year course of LL.B. (Professional) (hereinafter to be referred to as the 'P' course) in the University Law College, Jaipur. In the teaching wing of law, his application was not entertained for third year LL.B. (P) course for the academic session 1992-93. Being aggrieved, he has filed the present writ petition.

(2.) The University has filed written statement and relies on the Ordinances 253, 253-A and 253-B of the University Ordinances to the effect that a candidate is admitted to third year LL.B. (P) course examination only if he has passed and attended second year LL.B. "P" Course Examination. The relevant Ordinances are reproduced hereunder :

(3.) Even though, it is also the defence of the University-respondent that LL.B. Second Year 'A' course completed by way of correspondence from Kota Open University cannot be considered to be equivalent to 'A' course of LL.B. passed by a student by way of attending the regular classes, therefore, the petitioner may not be entitled to the admission in LL.B. 'P' course of third year for the reason that he has completed second year LL.B. 'A' course from Kota Open University by way of correspondence which is not recognised as equivalent by the University of Rajasthan. So far the equivalence of degree of LL.B. 'A' Course First Year or 'A' Course Second Year of any University recognised by the U.G.C. is concerned, degrees offered by such Universities in such courses and subjects which stand recognised by the U.G.C. and the Central Government are by law, recognised or are deemed to be recognised. It goes without saying that if any candidate has obtained degree of two years' degree by correspondence course from Kota Open University and if Kota Open University is a recognised University by the Government and the U.G.C., it shall be a degree equivalent to the degree issued by any other University under the Notification for the said LL.B. 'A' course.