Rajasthan High Court - Jodhpur
Sarita Chauhan vs State Of Rajasthan on 16 February, 2022
Author: Rekha Borana
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18994/2018
Sarita Chauhan W/o Shri Chandra Deep Singh Chauhan, Aged
About 38 Years, 9/A, MTM Scheme, R.K. Colony, Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Dept. Of Technical
Education, Government Of Rajasthan, Jaipur.
2. M.L.V. Government Textile And Engineering Institute
Society, Pratap Nagar, Bhilwara, Through its Registrar.
3. Principal, M.L.V. Government Textile And Engineering
College, Pratap- Nagar Bhilwara.
----Respondents
For Petitioner(s) : Mr. Kuldeep Mathur, Sr. Advocate
assisted by Mr. L. S. Udawat.
For Respondent(s) : Mr. Ramniwas Choudhary.
HON'BLE MS. JUSTICE REKHA BORANA
Order 16/02/2022 The petitioner who was working as a Lecturer with the respondent-Engineering College sought permission from the College to pursue the M.Tech. (Weekend programme) conducted by Mewar University, Chittorgarh. The said course was a course based on a weekend programme for a period of two years to be conducted in four semesters. The permission for pursuing the said weekend programme was granted by the College and in the year 2012, the petitioner completed the said course. After the completion of the course, degree was granted to her for the Course and the petitioner moved a representation to the College for inclusion of her said M.Tech. degree in her service book. As (Downloaded on 17/02/2022 at 08:40:47 PM) (2 of 6) [CW-18994/2018] there was a discrepancy regarding the period of the course and as to whether a weekend programme would be a recognized course by the University, a clarification was sought by the Registrar of the MLV University from the Registrar of the Mewar University. To the said communication dated 26.02.2013 of the Registrar, a response vide letter dated 28.02.2013 was given by the Registrar of the Mewar University, wherein it was clarified that the M.Tech. Course pursued by the petitioner was a regular degree course but it was designed in a manner that the classes were held on weekends so that the working persons could also apply. It was further clarified that the petitioner had attended more than 80% of the classes which was scheduled on the weekends. Further, it was certified that the course was completed in five months and the average of total credit hours was 250 hours per semester. Not satisfied with the said clarification, a clarification was sought by the University from the UGC also regarding the M.Tech. degree of the petitioner. The response vide letter dated 01.08.2013 was sent by the UGC and it was clarified that the M.Tech. degree is valid if the course had been conducted in regular mode at the main campus of the University and as per the norms and standards prescribed by AICTE.
Further, a Screening Committee was constituted by the University for the purpose of verification and decision as to the degree of the petitioner. The said Screening Committee comprised of the Principal of Government Engineering College, Ajmer; the Professor and Head of the Technical University of Kota and one Associate Professor of the respondent-University. After considering all the information received from the Mewar University, Chittorgarh and the UGC, the Screening Committee reached to a (Downloaded on 17/02/2022 at 08:40:48 PM) (3 of 6) [CW-18994/2018] specific conclusion that the petitoner had fulfilled the requirements for M.Tech. degree. After the report of the Screening Committee, the University proceeded on to grant the benefits of the said degree to the petitioner. But when the matter was put up before the Board of Governors ('BOG') in its meeting held on 17.07.2015, the BOG refused to accept the degree of M.Tech. of the petitioner and therefore, the benefits granted to the petitioner were ordered to be withdrawn by the University. Even, order for recovery of the benefits already granted to her was also passed on 11.03.2015. Aggrieved against the order of BOG and the further consequential orders, the present writ petition has been preferred.
Learned counsel for the petitioner has argued that the petitioner pursued the course of M.Tech. after due permission from her employer University and after pursuing all the required formalities for completion of the same. Counsel argued that the degree as granted by the Mewar University, Chittorgarh is nowhere under challenge and neither there is any dispute regarding the recognition of the course. The course and the degree have been recognized by the UGC and the same has even been clarified by UGC in the present matter. Counsel further argued that even the Screening Committee which comprised of two of the members who had no connection with the employer University, reached to a specific conclusion that the degree obtained by the petitioner was a valid one. The decision of the BOG in not accepting the degree of the petitioner was without any reason and logic. There was no reason available with the BOG to disagree with the conclusion of the Screening Committee.
Per contra, the sole ground raised by the counsel for the respondents is that the petitioner had sought permission from the (Downloaded on 17/02/2022 at 08:40:48 PM) (4 of 6) [CW-18994/2018] University for a weekend programme whereas the degree submitted by her pertains to a full time course. Counsel argued that the course undertaken by the petitioner was a full time course for which the permission was not sought and hence the degree cannot be accepted by the University. Counsel further argued that the University is bound by the decision taken by the BOG and cannot act in contravention to the same.
Heard counsel for the parties and perused the material available on record.
The ground as raised by the counsel for the respondents that the permission sought by the petitioner was for a weekend programme whereas the degree obtained by her is of a full time course falls flat because of the following reasons:-
(i) The clarification as supplied by the Mewar University, Chittorgarh specifically mentioned that the course was a regular degree course but it was specifically designed for the working people and the classes were conducted on weekends. The time span of the course was extended from a period of three months of a semester to five months of a semester so that the required total number of working hours could be completed. The response as given by the Dean of the Mewar University, Chittorgarh reads as under:-
"1) Although the Mtech course for session 2009-
11 was regular degree course but we designed its classes on weekend(Saturday & Sunday) so that the working person can also apply on this thus we named it as Weekend Program and we made our time table according to that. Mrs sarita chauhan has attended more than 80% classes which was scheduled on Saturday & Sunday.
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2) The University planned the semester of five months instead of three months to meet out the requirement of total credit hours. The course was completed in the five months and the average of total credit hours comes to 250 hours per semester."
(ii) Even, the clarification of the UGC also fortified the fact that the degree course was a recognized one and the only requirement to be fulfilled by the University conducting the same was that it ought to have been conducted in regular mode at the main campus of the University and as per the norms and standards prescribed by the AICTE. It is not the case of the respondents that the course was conducted in contravention to any of these two conditions.
(iii) Moresoever, the Screening Committee constituted by the employer University itself, after considering the explanations of the Mewar University and the UGC, reached to a specific conclusion that the degree of the petitioner was in confirmity with all the requirements for M.Tech. degree course. The Committee rather proceeded on to appreciate the project work of the petitioner.
A perusal of the minutes of meeting dated 17.07.2015 of the BOG makes it clear that the decision by the BOG has been taken without any logic or reason. The decision taken by the BOG reads as under:-
"15.18.14 The case of M. Tech. degree in (VLSI) obtained by Smt. Sarita Chauhan, Assistant Professor (ECE) was refused."
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(6 of 6) [CW-18994/2018] The above mentioned one sentence was the only conclusion reached by the BOG without any preface, without any reason and without any consideration. The BOG has not even stated any reason to disagree with the conclusion of the Screening Committee.
Therefore, it can be safely concluded that the decision of the BOG in refusing to accept the M.Tech. degree of the petitioner is not valid in the eyes of law being based on no valid reasons or findings. Resultantly, the same deserves to be quashed and is hereby quashed and set aside. Consequently, the order of recovery dated 03.03.2015 issued against the petitioner is also quashed and set aside. The respondents are directed to enter the qualification of M.Tech. (VLSI) in the service record of the petitioner and to grant her all the consequential benefits arising out of the same.
With the above observations, the writ petition is allowed. All the pending applications also stand disposed of.
(REKHA BORANA),J 88-Sachin/-
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