Madhya Pradesh High Court
Shaleen Parihar vs Indira Gandhi National Tribal ... on 17 July, 2023
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 17 th OF JULY, 2023
WRIT PETITION No. 14108 of 2022
BETWEEN:-
SHALEEN PARIHAR W/O SHRI DEVENDRA KUMAR
SINGH, AGED ABOUT 41 YEARS, OCCUPATION:
UNEMPLOYED TYPE III, BLOCK 1 QUARTER NO.5
INDIRA GANDHI NATIONAL TRIBAL UNIVERSITY
LALPUR AMARKANTAK (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI SHIVAM
MISHRA - ADVOCATE)
AND
INDIRA GANDHI NATIONAL TRIBAL UNIVERSITY
THROUGH ITS REGISTRAR AMARKANTAK DISTRICT
ANUPPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI AKSHAT ARJARIYA - ADVOCATE)
This petition coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice, passed the following:
ORDER
Assailing the order dated 22.08.2021 passed by the respondent the present petition is filed.
2. The case of the petitioner is that she submitted an application for the Ph.D. program in the respondent-University. She appeared in online exam and secured the first place. On interview, she was declared successful. She was admitted to Signature Not Verified Signed by: LORETTA RAJ Signing time: 7/20/2023 3:12:29 PM 2 the Ph.D. course. During the course of physical verification of her documentation, it was found that she was ineligible. Therefore, the impugned order was passed to the effect that she was not eligible to take admission in Ph.D. in Tribal Art, Folk Literature and Culture at the respondent-University. Questioning the same, the instant petition is filed.
3. Shri K.C. Ghildiyal, learned senior counsel appearing for the petitioner's counsel submits that the impugned order is bad in law and liable to be set aside. That the reason assigned by the University to reject the application is that she has completed the Professional Educational Diploma in Toy and Game Design which is a 2.5 year Post Graduate Diploma, however, the minimum qualification for admission in the Ph.D. is the Masters Degree in the relevant subject from any University or a Degree recognized by the University for the said purpose. Moreover, the Masters in Design as claimed by the petitioner is not equivalent or an allied subject to Tribal Studies. Reliance is placed on the eligibility requirement for applying to the Ph.D. Programme. The minimum qualification for the Ph.D. Programme is as follows:-
"Masters Degree in relevant subject from any University or a degree recognized by the University for this purpose or its equivalent in the relevant or allied subject with at least 55% marks (50% for SC/ST/OBC non-creamy layer) are eligible to apply). To pass the entrance exam conducted by the University, the candidates belonging to open category have to secure a minimum of 50% marks (45% for SC/ST/OBC/PWD are eligible to apply). The candidates who qualify the entrance exam shall be invited to appear for personal interaction for final selection. UGC-JRF/NET, ICMR-NET, ICAR-NET, DBT-JRF, DST-WS, GATE, GPAT, SLET and SPONSORED candidates are exempted from appearing in the entrance test. However, they have to attend personal interaction for selection. The candidates who are appearing for final exam of Master Degree can also apply."
4. That, even though she possesses the Diploma, the same is equivalent to a Masters Degree in terms of Annexure P/1 which is a statement issued by the Signature Not Verified Signed by: LORETTA RAJ Signing time: 7/20/2023 3:12:29 PM 3 National Institute of Design wherein it is stated with reference to the petitioner that she has been conferred the 2.5 year Professional Educational Diploma in the faculty of Toy and Game Design and has undergone the curriculum, framework and evaluation process equivalent to those graduates who have been awarded Master of Design Degree under the National Institute of Design Act, 2014. Therefore, it is pleaded that the Diploma of the petitioner is equivalent to the Master of Design Degree therefore, it is submitted that the rejection of the plea of the petitioner requires to be set aside.
5. The same is disputed by the respondent by relying on their return. They have stated therein that the qualifications of the petitioner do not match the requirements. That she is not a graduate with at least 55% marks. She does not have any equivalence certificate. Even if the contentions were to be accepted, there is no equivalence so far as the subject of Tribal Art, Folk Literature and Culture with that of the qualification of the petitioner.
6. Having heard learned counsels, we are of the view that there is no merit in the petition.
7. The qualification required for the course of Ph.D. Programme in Tribal Art, Folk Literature and Culture is well defined. The petitioner does not hold a Masters Degree in the relevant subject of any University or a Degree recognized by the University for this purpose or its equivalent in the relevant or allied subjects with at least 55% marks. The reliance is placed on Annexure P/1 which is a communication by the National Institute of Design. It does not postulate the equivalence of a Diploma/Degree to that of a Masters Degree. It only narrates that the subjects undergone in the 2.5 years Diploma are equivalent to the curriculum, framework and evaluation process equivalent to those graduates who have been awarded Master of Design degree. The contention that it is the Signature Not Verified Signed by: LORETTA RAJ Signing time: 7/20/2023 3:12:29 PM 4 equivalence of the Degree, is not borne out from Annexure P/1. Therefore, when the petitioner is not qualified for the same, we do not find any reason as to how the same could be accepted.
8. The Committee, which considered the case of the petitioner, has accorded its own reasons as to why the petitioner is not eligible for doing the said course. With reference to the minutes of the meeting of the Equivalence Committee for admission to the Ph.D., Tribal Studies, the Committee have stated in paragraphs 4 to 7 as follows:-
"4. She has completed the M.Des. (Professional Educational Diploma in Toy and Game Design) from National Institute of Design, Ahmedabad and applied for admission in Ph.D. Tribal Studies: Tribal Art, Folk Literature and Culture at IGNTU, Amarkantak (M.P.). In this connection, it is mentioned that M.Des. is not equivalent or allied subject of Tribal Studies.
5. She attached the advertisement of admission to Ph.D. Programmes for July 2021 session. For reference, it may be mentioned that point No.6 for admission to IIT-Gauhati states "A two year Post-Graduate Diploma in Design and relevant areas (NID/CEPT or equivalent) with first class at Bachelor's level" is eligible for admission to Ph.D. in IIT.
6. Again, point No.5 of IIT regulation state that "Four year Undergraduate Diploma in Design (NID or equivalent), with postgraduate qualification in relevant area with at least CPI 6.0 out of 10 or at least 60% marks is eligible for admission in Ph.D. She has completed Professional Educational Diploma in Toy & Game Design, which is a two and a half year post graduate diploma programme, but here minimum qualification for admission is Masters Degree in relevant subjects from any University or a degree recognized by the University for this purpose for its equivalent in the relevant or allied subject with at least 55% marks (50% for SC/ST/OBC non-creamy layer) are eligible to apply. She has completed diploma not a degree.
7. Although, she is eligible to take admission in Ph.D. in Design in IIT/NIIT, but in view of point no.3.1 of Ph.D. regulations 2016 [In accordance with the UGC (Minimum Standards & Procedure for Award of M.Phil/Ph.D. Degree) Regulation 2016], she is not eligible to take admission in Ph.D. in Tribal Studies, Art, Culture & Folk Literature at IGNTU, Amarkantak (M.P.).
Signature Not Verified Signed by: LORETTA RAJ Signing time: 7/20/2023 3:12:29 PM 59. Under these circumstances, we are of the view that the reason assigned by the respondent is just and appropriate. The petitioner is not qualified to do the Ph.D. Programme in Tribal Art, Folk Literature and Culture in view of her obtaining the Diploma in Toy and Game Design. She probably may be eligible to take admission to the Ph.D. Programme in Design and not for the Ph.D. in Tribal Art, Folk Literature and Culture.
10. Hence, for these reasons the petition is dismissed. No order as to costs.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Loretta
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 7/20/2023
3:12:29 PM