Calcutta High Court (Appellete Side)
WP/24216W/2017 on 13 September, 2019
Author: Protik Prakash Banerjee
Bench: Protik Prakash Banerjee
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13.09.2019
11
RP Ct.10
WP 24216 (W) of 2017
+
CAN 8467 of 2019
Mr. Parimal Mistry, Adv.
.... Petitioner appearing in Person
Mr. Partha Ghosh, Adv.
Mrs. Purabi Saha, Adv.
.... For the Respondent No.4
Mr. Anil Gupta, Adv.
.... For the Respondent No.5 Ms. Nandini Mitra, Adv.
.... For the Respondent No.6 Even though it is CAN 8467 of 2019 which has come up as an application today before me, by consent of the parties I take up the main writ petition along with this application for expeditious disposal.
The writ petition was instituted for the following prayers :-
"a) A writ of mandamus and/or in the nature of mandamus, commanding the respondents, their agents, servants or subordinates to forthwith direct the Respondents to covert the Marks obtained by the petitioner in the Cumulative Marking Point Average (CMPA) marks Statement in Diploma in Dramatics awarded by the National School of Drama to Cumulative Grading Point Average (CGPA) under the University 2 Grant Commission (UGC), under by Ministry of Human Resource Development (MHRD).
b) A writ of mandamus and/or in the nature of mandamus, commanding the respondents, their agents, servants or subordinates to forthwith provide the declaration certificate for specifically Class/ or Division/ or Grade or Cumulative Grading Point Average (CGPA) about National School of Drama Marks statement/Consolidated Marks sheet obtained by the petitioner.
c) A writ of mandamus and/or in the nature of mandamus, commanding the respondents, their agents, servants or subordinates to forthwith provide the percentage of marks equivalence in case of the petitioner as per UGC guideline that is First Class Degree that of Cumulative Marking Point Average (CMPA) Statement of marks in the Diploma in Dramatics awarded by the National School of Drama to the petitioner.
d) A writ of mandamus and/or in the nature of mandamus, commanding the respondents, their agents, servants or subordinates to forthwith provide the petitioner with a certificate as to his position as per Cumulative Grading Point Average (CGPA) under the University Grant Commission (UGC), under by Ministry of Human Resource Development (MHRD).
e) A writ of mandamus and/or in the nature of mandamus, commanding the respondents, their agents, servants or subordinates to forthwith declare that 59% marks obtained by the petitioner from National School of Drama is equivalent to 3 upper> 60% marks in Master Degree from other universities in India under the University Grant Commission (UGC), MHRD."
The short point involved in this case is that the petitioner has been fortunate or unfortunate enough to have studied in an institution which stridently declares its independence from not merely the University Grants Commission but also of the rules and norms fixed by the said University Grants Commission which has been arrayed as respondent no.5. On the contrary the respondent no.3 in its idiosyncratic way insists on giving what is known as Cumulative Marking Point Average (CMPA) Marks Statement in diploma in Dramatics whereas the respondent no.5 gives Cumulative Grade Point Average (CGPA). After comparison of the manner in which Drama is taught in the two institutions it appears that a three years diploma can be obtained by someone from the respondent no.3 after three years being examined in total of 5500 marks and more papers than in the two years course under the respondent no.5 where examination is only 800 marks. An affidavit-in-opposition has been filed by the respondent no.5 which admits that 40% is the pass mark in individual subject even in the respondent no.5 and according to its norms provided that in order to pass a candidate will have to obtain 50% marks in aggregate.
On being asked a pointed question as to whether it was possible for any particular percentage of mark to be taken to be the equivalent of First 4 Class marks for the purpose of the respondent no.5 the answer given by the learned Advocate appearing for the respondent no.5 came in two parts:-
The first part is that First Division/First Class marks are deemed to be marks in the range which is covered by the CMPA Grade-B awarded under the norms of the respondent no.5 and that CMPA Grade is not used by the respondent no.3 as has been specifically alleged at paragraph 5(e) of the affidavit-in-opposition.
The second part is that so far as the marks given under the system of the respondent no.3 is concerned First Division/First Class marks will start from the range of 55% marks onwards and naturally would be in respect of range of 55% thereof.
On the other hand the respondent no.6 by its letter dated August 31, 2017 appearing at page 77 of the writ petition admitted that the respondent no.6 has already accorded equivalence. The relevant portion of the letter dated August 31, 2017 reads as follows:-
"accorded equivalence to the post Bachelor Diploma awarded by the National School of Drama, equating it with Masters Degree of an Indian University for the purpose of higher 5 studies. Further, Equivalence in the percentage of marks doesn't fall under purview of AIU."
In fact, a resolution has been referred to in the written instruction dated November 2, 2017 which is handed over by Ms. Mitra, learned Advocate for the respondent no.6 and kept on record. The relevant portion of the said written instruction are quoted hereinbelow:-
"Resolved that those who have a B.A. Degree and have obtained a Diploma in Dramatics from the National School of Drama, New Delhi be considered as having obtained an M.A. Degree and as such be eligible for appointment as Teachers in colleges and Universities and for purpose of registration to Ph.D."
It appears that despite the aforesaid no relief can be granted to the petitioner on this petition being WP 24216 (W) of 2017 because a coordinate bench by an order dated June 6, 2016 passed in WP 22638 (W) of 2015 has already been pleased to hold that the present writ petitioner does not have non-conventional essential qualification of being a traditional and professional artist with highly commendable professional achievement in the concerned subject with first class degree or diploma from National School of Drama or any such approved institution in India or abroad. This order has been appealed against. I am told by the petitioner that the 6 appeal is pending and no stay on the operation of the said order has been passed as yet. Therefore I am bound by the decision of the coordinate bench even though the petitioner has submitted that it was in respect of a separate cause of action where he had sought to be considered for appointment through a recruitment procedure for the post of Assistant Professor of Drama in respect of Viswa Bharati University, Santiniketan and in this case he has sought a declaration of equivalence of his marks with that of a first class degree or diploma of the respondent no.3. Therefore the claim of the petitioner that he holds non-conventional first class degree/diploma that declaration is no longer available to him before the said order holding that he does not have that qualification is set aside or reversed. Accordingly, the writ petition is dismissed. Consequently the civil application being CAN 8467 of 2019 is also dismissed. There shall be no order as to costs.
In the event the writ petitioner succeeds in appeal preferred from the order of June 6, 2016 passed in WP 22638 (W) of 2015 it will be open to the petitioner to file a fresh writ petition after making appropriate pleading about the decision of the Hon'ble Division Bench on his pleading that 59% marks amounts to having First Division/First Class Degree/Diploma from the National School of Drama.
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Urgent Photostat certified copy of this order, if applied for, be delivered to the learned Advocates for the parties, upon compliance of all formalities.
(PROTIK PRAKASH BANERJEE, J.)