Harish Kumar Mittal S/O Dr. Jagdish ... vs Maharishi Dayanand University Rohtak ... on 29 February, 2012

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Punjab-Haryana High Court

Harish Kumar Mittal S/O Dr. Jagdish ... vs Maharishi Dayanand University Rohtak ... on 29 February, 2012

Bench: K. Kannan

C.W.P. No.3767 of 2012                                -1-

     IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
                            CHANDIGARH
                                C.W.P. No.3767 of 2012
                                Date of Decision.29.02.2012

Harish Kumar Mittal s/o Dr. Jagdish Parshad Mittal    .....Petitioner

                                   Versus

Maharishi Dayanand University Rohtak through its Registrar and another

                                                      .....Respondents

Present:      Mr. N.K. Malhotra, Advocate
              for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN
1.     Whether Reporters of local papers may be allowed to see the
       judgment ? No
2.     To be referred to the Reporters or not ? No
3.     Whether the judgment should be reported in the Digest? No
                                       -.-
K. KANNAN J.(ORAL)

1. The petitioner's challenge is to the rejection of his candidature for consideration to a higher post on the ground that he did not fulfill the necessary qualification. The rejection is on the ground that the ME degree which he claims to have, is obtained through Distant Education Mode. The respondents while rejecting the petitioner's candidature relied on AICTE public notice declaring that the policy of the AICTE shall not recognize the qualifications, which are acquired through Distance Education Mode in Diploma, Bachelors and Master's level in the fields of Engineering, Technology, Architecture, Town Planning, Pharmacy, Hotel Management and Catering Technology etc. The decision of the respondent is anchored to the said notification by the AICTE.

2. Learned counsel appearing for the petitioner would contend C.W.P. No.3767 of 2012 -2- that the Post-graduate degree obtained from Punjabi University, Patiala is recognized and refers me to the recognition/equivalence list issued by the Maharishi Dayanand University in April, 2011. Even that recognition list specifies that MBA, MCA, BE/B.Tech, ME/M.Tech conducted through Open University would also be recognized provided they are approved by the Ministry of HRD/AICTE. It is not unconditional but it makes a very specific reference to an approval of the AICTE and that precisely is the issue that AICTE has refused recognition for such a type of course.

3. Several technical courses, which are offered by Universities may not obtain recognition by the only fact that they are offered by University. If it would require an approval from a technical body such as AICTE, it is fair enough that the institutions must follow the directives of AICTE. AICTE itself has been constituted under an enactment only to secure quality in education and teaching. So long as there is not a challenge contained in the writ petition to the notification issued by the AICTE itself, the petitioner's grievance that his candidature was wrongly rejected cannot hold water.

4. The writ petition is dismissed.

(K. KANNAN) JUDGE February 29, 2012 Pankaj*

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