Himachal Pradesh High Court
Kavita Sharma vs . State Of Hp & Ors on 9 January, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Kavita Sharma Vs. State of HP & Ors CWP No. 610 of 2025 09.01.2025 Present: Mr.Vivek Singh Attri, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General, for respondent No.1 -State. Mr. Vikrant Thakur and Ms. Shivani Priya, Advocates, for respondent No.2.
Mr. Nitin Thakur, Advocate, for respondent No.3.
CWP No.610/2025 & CMP No. 910/2025 Matter has been heard for the purpose of consideration of interim relief prayed for by the petitioner. Learned counsel for the parties have accordingly made their submissions.
2. Petitioner's grievance is to Annexure P-9 dated 02.01.2025, whereby, her candidature for the post of Lecturer School New, (Political Science) (on contract basis) in the Department of Education, has been rejected as under:-
10 1149820 90602730 Kavita (i) The candidate The candidate has has passed the dual degree submitted latest OBC of M.A. (Political Science) & certificate. However, the B.Ed. degree in the same candidate has passed dual session and same year. degree M.A. (Political (ii. Latest OBC certificate Science) & B.Ed. in the year 2019-2020 whereas the on parental basis. UGC has allowed dual degree course vide notification dated 13-04-
2022 which was adopted by HPU vide notification No. 1- 10/2024-HPU (DS) dated 16-03-2024. Hence, rejected.
-2-Petitioner's candidature has been rejected on the ground that she had passed dual degrees i.e. M.A. (Political Science) and B.Ed. in the same session and same year.
3. Learned counsel for respondent No.2-H.P. Public Service Commission defended the impugned rejection of the petitioner primarily on the ground that it was on 13.04.2022, the University Grants Commission (UGC) had notified the guidelines for simultaneous pursuing of two academic programmes. The occasion to frame the aforesaid guidelines arose in view of following reasons given by the UGC in its letter dated 13.04.2022:-
"With the rapid increase in demand for higher education and limited availability of seats in regular stream, several Higher Education Institutions (HEIs) have started a number of programmes in Open and Distance Learning (ODL) mode to meet the aspirations of students. It has also led to the emergence of online education programmes which a student can pursue within the comforts of her/his home. The issue of allowing the students of pursuant two academic programmes simultaneously has been examined by the Commission keeping in view the provisions envisaged in the National Education Police-NEP 2020 which emphasizes the need to facilitate multiple pathways to learning involving both formal and non- formal education modes."-3-
In view of aforesaid detailed reasons, guidelines for pursuing two academic programmes simultaneously were framed, which inter-alia provided:-
"1. A student can pursue two full time academic programmes in physical mode provided that in such cases, class times for one programme do not overlap with the class times of the other programme. 2 to 4....
5. These guidelines shall come into effect from the date of their notification by the UGC. No retrospective benefit can be claimed by the students who have already done two academic programmes simultaneously prior to the notification of these guidelines."
Learned counsel for respondent No.2 submitted that though the above guidelines allow pursing two degree courses simultaneously, but these have come into force prospectively w.e.f. 13.04.2022. Petitioner cannot derive any advantage out of above guidelines as the guidelines contain a provision about their inapplicability retrospectively. Therefore, candidature of the petitioner, who had already obtained two simultaneous degrees prior to the notification has justly been rejected.
4. Learned counsel for respondent No.3- Himachal Pradesh University (HPU) submitted that, it -4- was only pursuant to the guidelines framed by the UGC on 13.04.2022 that a student is now allowed to pursue two full time programmes in physical mode and that too with the rider that in such cases, class timings of one programme will not overlap with class timings of the other programme.
Notification dated 16.03.2024 was also referred to, whereunder respondent No.3-HPU adopted the aforesaid UGC guidelines.
5. Gist of respondent No.2's defence is that the petitioner had obtained dual degrees i.e. M.A. (Political Science) and B.Ed. prior to the issuance of UGC Guidelines, 2022, therefore, the respondent No.2 has rightly rejected her candidature as she could not have obtained two degrees simultaneously and such dual degrees, were not saved by the UGC Guidelines.
6. The case set up by the petitioner is that she had obtained the degree of M.A. (Political Science), covering the period from November 2017 to July 2019 through open/ distance learning/private mode and the second degree i.e. B.Ed. was pursued and obtained by -5- her under regular mode, covering period from November 2018 to July 2020.
In this regard, it would be relevant to refer to Clause 3.3(a) of Chapter-III, under heading 'Admission' of the H.P. University Ordinances, which reads as under:-
"3.3(a): 1. No student shall be allowed to join two full time regular degree courses of study simultaneously. However, student shall be allowed to join the following certificates/ diplomas/ postgraduate diploma/ advanced postgraduate diploma courses, alongwith regular courses including Ph.D.
i) Certificate/ diploma courses in Foreign Languages (German, French and Russian)/ PGDPM & LW.
ii) Certificate in Computer Application.
(iii) Certificate in Computer Programming.
(iv) Any other part time certificate/diploma/ post-
graduate diploma/ advanced post-graduate diploma degree courses may be introduced by the University or through IDEOL in future.
2. Students will be allowed to join two degree (under- graduate/ post-graduate) courses through IDEOL." As per the above extracted Clause, there is prohibition upon the students joining two full time regular degree courses of study simultaneously. Prima- facie, it appears that Clause does not prohibit pursuing one degree course on regular basis and the other through open/distance learning/private mode simultaneously.
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Learned counsel for the petitioner has also referred to several decisions of the Hon'ble High Courts and the Hon'ble Apex Court in support of the interim relief prayed for by the petitioner.
7. At this stage, taking into consideration the H.P. University Ordinance Clause 3.3(a) and the fact that nothing has been brought on record of case by the respondents at this stage about there being any embargo or bar upon a student, simultaneously pursuing two degrees one through regular and other through open/distance learning/private mode, the petitioner has made out a case for grant of interim relief. Accordingly, it is ordered that respondent No.2-H.P. Public Service Commission, shall allow the petitioner to participate in the further selection process, however, result of the petitioner shall not be declared; it will abide by the outcome of the writ petition.
Reply be filed within six weeks. List on 04.03.2025.
Jyotsna Rewal Dua
Judge
January 09, 2025
(R.Atal)