Telangana High Court
D. Ramesh vs Life Insurance Corporation Of India on 11 February, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 46922 OF 2018
O R D E R:
Respondents 1 to 3 - Life Insurance Corporation of India refused to incorporate MBA qualification obtained by petitioners from the 8th respondent - Alagappa University through ODL Mode, hence, they seek a direction to the Corporation to incorporate the said degree in official records.
2. Petitioners, four in number, claim to be graduates and recruited as Sub-staff in 2012-13, pursuant to selection process and subsequently, were promoted to the post of Record Assistant and thereafter, as Assistant. It is stated, as there is an allowance sanctioned on obtaining MBA qualification which will be counted for next promotion, like several employees working as Assistants, petitioners also obtained the said degree from the 8th respondent university which has study centers throughout the country including at Karimnagar and Nalgonda, duly obtaining necessary permission from LIC. Petitioners submitted the provisional certificates at their respective branches, but however, the 3rd respondent refused to recognize the MBA qualification on the ground that they did not satisfy the rules 2 stipulated for territorial jurisdiction, hence, the MBA qualification could not be admitted in office.
3. Sri Vedula Srinivas, learned counsel appearing on behalf of Ms. Vedula Chitralekha, learned counsel for petitioner submits that the 8th respondent University is recognized by the UGC; since the distance mode courses offered through its study centres at Nalgonda / Karimnagar are among the recognized ones, petitioners are deemed to have satisfied all the conditions in the proceedings dated 30.01.2015 of the 3rd respondent. Qualification of some of the employees who secured MBA qualification from the above centers was taken into account by respondents and they were given special allowance as well as additional marks for next promotion, whereas the cases of petitioners was rejected, which amounts to discrimination, emphasizes the learned counsel.
4. The Corporation put forward its case in the counter stating that as per Public Notice dated 27.06.2013 of UGC on courses / study centers / off-campuses and territorial jurisdiction of universities, a university established /incorporated by / or under the State Act shall operate only within the territorial jurisdiction allotted to it under its Act and 3 in no case beyond the territory of the State of its location. It is confirmed by UGC that as on the said date, it has not granted permission to any private university to establish off-campuses / study centre and the said policy was informed vide letter dated 23.08.2013, to all the Vice Chancellors / Directors & Directorate SOUs/DEIs/DDEs and to be followed by all universities, institutions including Open and Distance Learning Institutions. Pursuant thereto, the Corporation issued Circular regarding 'Recognition of Degree-MBA' on 28.01.2015 to be followed by the office of Corporation while incorporating MBA degree.
It is stated further that the 8th respondent Alagappa University is a State University established in 1985 under an Act of Government of Tamilnadu Legislature, whereas petitioners completed their MBA from a study centre in Telangana, therefore, petitioners do not satisfy the territorial jurisdiction conditions. Further, they obtained permission for prosecuting MBA course after 24.09.2013, the cut-off date stipulated by CO, LIC of India in Circular dated 28.01.2015 as modified on 03.11.2015. According to this respondent, permission granted to petitioners itself does not mean that their 4 degrees will be incorporated in the records of the Corporation but it is subject to fulfilling the conditions laid down as per the UGC guidelines and circulars issued by the Corporation from time to time. LIC being a 'State' under Article 12 has to strictly follow the Rules, Regulations and Policies and therefore, the same cannot be moulded to benefit a select few like the claim of petitioners.
It is relevant to bring to the notice of this Court that Corporation received the letter dated 03.08.2016 addressed to the Zonal Manager from UGC in the subject 'CVC Ref: PIDR Complaint / request for stringent action on Universities violating UGC norms on Distance Education - regarding', wherein, UGC states that they received a complaint filed under Public Disclosure Resolution (PIDR) through Central Vigilance Commission / Ministry of Human Resources and Development regarding Universities namely Alagappa University and Vinayaka Mission University violating UGC norms on distance education and offering degrees which are invalid. UGC also, in the complaint, states that it has been alleged that LIC is granting incentives to its employees on passing MBA degrees from the above two-named universities from 2009 onwards. 5 Learned Standing Counsel for the Corporation Sri Srinivas Karra, in view of the above averments, submits that the Corporation considered the request of petitioners, in the light of the Circular instructions and UGC guidelines and denied admission of certificates as per law and there is no illegality / irregularity in the stand taken by them.
5. From a perusal of the material on record, in particular, the proceedings issued by the 3rd respondent to all the Senior Divisional Mangers under South Central Zone, dated 30.01.2015 regarding recognition of MBA degree acquired from various universities through distance education mode, it is evident that it has been decided by the competent authority that 'MBA degree if not completed before 24.09.2013 though enrolled with the University before that date shall not be eligible for any benefits, if not conforming to the UGC circular including territorial jurisdiction'. Further, in the Public Notice dated 27.06.2013, clarification was given to the effect that university established or incorporate by or under a State Act shall operate only within the territorial jurisdiction allotted to it under its Act and in no case beyond the territory of the State of its location. 6
6. Admittedly, in this case, as is evident from the material annexed to the affidavit, petitioners obtained permission for prosecuting MBA course after the cut-off date ie. 24.09.2013, hence they are not eligible for any benefits. Further, the 8th respondent University was established under the Act of Tamilnadu Legislature; though petitioners claim to have completed their degree from a study centre of the 8th respondent in Telangana, since the University is of Tamilnadu State, it will come beyond the territory of the State of its location. The Circular dated 27.06.2013 also clarified that as on the said date, UGC has not granted permission to any private university to establish off-campuses / study centre. Here, it is also to be taken note of the fact that UGC addressed the letter dated 03.08.2016 to the Zonal Manager, LIC requesting to take stringent action on universities violating UGC norms on Distance Education which include the 8th respondent university. Hence, this Court is of the opinion that petitioners' cases were rightly rejected by the Corporation for admission of MBA qualification in the records and no exception can be taken to the same. The Writ Petition is therefore, liable to be dismissed. 7
7. The Writ Petition is accordingly, dismissed. No costs.
8. Consequently, the miscellaneous Applications, if any shall stand closed.
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NAGESH BHEEMAPAKA, J 11th February 2025 ksld