Rajasthan High Court - Jaipur
Smt Shiva Kumari Tanwar vs University Of Rajasthan Jaipur on 19 November, 2013
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. CIVIL WRIT PETITION NO.12289/2013 Sunil Kumar Sharma vs. University of Rajasthan & Ors. 2. S.B. CIVIL WRIT PETITION NO.11908/2013 Shiva Kumari vs. University of Rajasthan & Ors. 3. S.B. CIVIL WRIT PETITION NO.12073/2013 Smt. Renu Malpani vs. University of Rajasthan & Anr. 4. S.B. CIVIL WRIT PETITION NO.12287/2013 Ramesh Chandra Ninama vs. University of Rajasthan & Ors. DATE OF ORDER : : 19/11/2013 HON'BLE MR. JUSTICE MOHAMMAD RAFIQ ******* Shri Lokesh Sharma) Shri Satish Khandelwal ) Shri Manu Bhargava ) for the petitioners. Shri R.A. Katta) Shri Bhagwat Singh) Shri Ribhu Dutt) for the respondents.
## Contention of the learned counsel for the petitioners is that the respondents have to accept the qualification possessed by the petitioner as equivalent to the corresponding qualification in the University of Rajasthan / State of Rajasthan. They have on that basis accepted the petitioner eligible for admission to B.Ed. Course.
Learned counsel for the petitioners cited the letter of University Grants Commission (Annexure-1) whereby the Eastern Institute for Integrated Learning in Management University, Sikkim has been recognised. Further letter dated 12.5.2008 has been cited to show that Deputy Secretary of University Grants Commission has addressed letter to Registrar, Eastern Institute for Integrated Learning in Management University, Jorethang, Sikkam conveying that report of the Expert Committee, which visited their University on 15th and 16th March, 2008 has been approved by the Commission in its meeting held on 17.4.2008. The letter dated 20.10.2011 has also been cited by which the authorised signatory of the EIILM University has conveyed to one Mr.Gajadhar Singh, Vivekanand Institute of Education whereby it has been authorised to facilitate registration and admission to private candidates into EIILM University, Sikkim. Reference is made to yet another letter dated 22.7.2008 sent by Deputy Secretary of University Grants Commission to the Vice-Chancellor, Eastern Institute for Integrated Learning in Management University, Sikkim certifying the fact that their University has been established by an Act of State Legislature and is empowered to award degrees as specific by the UGC under Section 22 of the UGC Act, 1956. It is contended that by letter dated 8.4.2010, the Public Information Officer of the Indira Gandhi National Open University has also in response to query by one Mr. R.K. Gulshan conveyed that the Eastern Institute for Integrated Learning in Management University, Sikkim has been accorded regular recognition by the Joint Committee of UGC for a period of one year to offer programmes through distance mode. Learned counsel for the petitioners therefore submitted that the respondent-University of Rajasthan cannot refuse to recognise the qualification of M.A. (English) and B.A. (General) awarded to the petitioners.
Shri R.A. Katta, learned counsel for the respondent invited attention of the Court towards the list issued by Distance Education Council, according to which the name of Eastern Institute for Integrated Learning in Management University, Sikkim has been included in the category of universities whose recognition has expired. There is separate list of recognised Universities which are currently valid till academic session 2012-2013. Learned counsel submitted that the University of Rajasthan cannot authorise any institution at Jaipur to set up its education centre for the purpose of grant of degree. It is argued that UGC has recognised the degree of B.A. (Hospitality & Tourism), Bachelors in Computer Applications (BCA) and Master's in Business Administration (MBA) for the year 2009-2010.
Learned counsel for the respondent has argued that according to Ordinance 330 and 331 of the University Ordinances, the matter relating to equivalence of degree awarded by one University from the other University, has to be placed before the Equivalence Committee to determine whether the degree awarded by such University is treated as equivalent to the degree awarded by University of Rajasthan. The Equivalence Committee in its meeting dated 17.12.2012 considered the case of equivalence of Eastern Institute for Integrated Learning in Management University, Sikkim and did not adjudge any degree of Eastern Institute for Integrated Learning in Management University, Sikkim as equivalent to the degree awarded by the University of Rajasthan. Reference is made to minutes of the Equivalence Committee meeting dated 17.12.2012 (Annexure-R/5).
Perusal of Annexure-R/5, the minutes of the meeting Equivalence Committee held on 17.12.2012, does not indicate that whether the qualification of M.A. (English) or B.A. (General) of Eastern Institute for Integrated Learning in Management University, Sikkim was considered for the purpose of deciding their equivalence. The Equivalence Committee has considered the question of equivalence of the qualification of M.A. Economics and B.A. The minutes does not show that the question of degree of M.A. (English) was either considered by the Equivalence Committee. The minutes also does not show that the equivalence of B.A. (General) was also considered by the Equivalence Committee as the qualification held by Ramesh Chandra Ninama in CW No.12287/13.
In the circumstances, the writ petitions are disposed of requiring the petitioners to submit all the documents which they seek to rely on and also their mark sheets of M.A. (English) and B.A. (General) and the syllabus of the study course of the said Eastern Institute for Integrated Learning in Management University, Sikkim before the Equivalence Committee. The Equivalence Committee shall consider the case of the matter and take final view within two weeks on the date such representation is submitted before them.
If the qualification of the petitioners are recognised equivalent to the corresponding qualification awarded by the University of Rajasthan, result of their B.Ed. Examination shall be declared or else, it would be liable to be cancelled.
(Mohammad Rafiq),J.
RS/ All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.