Calcutta High Court (Appellete Side)
Subhadip Manna vs University Of Calcutta & Ors on 28 November, 2018
Author: Arindam Sinha
Bench: Arindam Sinha
1
28.11.2018
175 ddas
WP 26341 (W) of 2017
SUBHADIP MANNA
Vs.
UNIVERSITY OF CALCUTTA & Ors.
Mr. Tanmoy Mukherjee
Ms. Susmita Chatterjee
Mr. Prithwish Kr. Basu
... ... For the petitioner
Mr. Anil Kumar Gupta
... ...For the UGC
Dr. Madhusudan Saha Roy
... ...For the respondent nos. 1 and 2
Petitioner is a student in Calcutta University. He has challenged memo dated 9th/10th October, 2017 issued by Registrar, text of which is as under :-
"This is in reference to his letter dated 13.09.17. Subhadip Manna is hereby informed that the qualification Uttar Madhyama (+2) cannot be considered for undertaking B.A.LL.B programme under this university in view of reasons concerning UGC & DEB (based on study & Examination centre in West Bengal, Hooghly) territorial jurisdiction of the said institute (UGC L. No.F. 27-1/2012 (CPP-II). Dated: 27.06.2013, from (a-f).
Until & unless UGC's guidelines are modified otherwise, the University regrets it's inability to issue the sanction of equivalence in favour of the applicant.2
In case of a confusion, candidate can go to to the UGC/DEB website to compare the cited decision."
Mr. Mukherjee, learned advocate appears on behalf of petitioner an submits, degrees Purba Madhyama and Uttar Madhyama are considered equivalent respectively to Madhyamik Pariksha (Secondary Examination) and Higher Secondary Pariksha (Senior Secondary Examination) of respectively West Bengal Board of Secondary Education and West Bengal Board of Higher Secondary Education. He relies on letters both dated 22nd June, 2007 from Deputy Secretary (Academic), West Bengal Board of Secondary Education to Secretary of the Institution in Hooghly from which his client had obtained degrees, Purba Madhyama and Uttar Madhyama. He submits, University Grants Commission (UGC) cannot regulate validity of degrees passed at Secondary and Higher Secondary stages before University level. He relies on judgment dated 5th July, 2017 passed by a learned single Judge of this Court in, inter alia, WP 716 of 2011 [Bipandtaran Ruidas vs. University of Calcutta & Ors.]. He relies on following text in judgment extracted below :-
"This Court is accordingly of the view that there is no impediment upon the University from recognizing the degree course pursued and completed by each of the petitioners under its constituent Sanskrit College. This Court is also of the view that the University must confine itself to the validity of the B. A course completed by each of the petitioners without being jurisdictionally stretched to occupy itself with the Intermediate Uttar Madhyama Certificate.3
Similarly, this Court fails to be persuaded, in the facts of the present case, on the scope of the claimed exercise of jurisdiction by UGC qua the Uttar Madhyama certificate of the petitioners and, strikes down the exercise of such jurisdiction as voidable."
Dr. Saha Roy, learned advocate appears on behalf of the University. Relying on disclosure at page 11 of affidavit-in-opposition filed by his client, he submits, in all 31 Boards stand listed as equivalent to West Bengal Board of Secondary Education in official website of West Bengal Council of Higher Secondary Education. Name of the Board which issued petitioner's Purba and Uttar Madhyama certificates is not listed. On behalf of UGC reliance is placed on affidavit-in-opposition filed on its behalf. Mr. Mukherjee in reply submits, disclosures in writ petition being said letters dated 22nd June, 2009 issued by West Bengal Board of Secondary Education contains information that degrees obtained by his client are equivalent to Madhyamik and Higher Secondary Parikshas. Hence, when his client has obtained pass certificates in Purba and Uttar Madhyama examinations, his those certificates must be treated as equivalent to Madhyamik and Uchcha Madhyamik certificates. He submits further, impugned memo is regarding derecognition by UGC and not by reason of equivalence or lack of it regarding 10 and 10+2 stage examinations.
There is no specific denial in affidavit-in-opposition of Calcutta University regarding genuineness of letters both dated 22nd June, 2007 whereby West Bengal Board of Secondary Education has informed 4 equivalence of Purba and Uttar Madhyama (Higher Secondary) as considered equivalent to Madhyamik and Higher Secondary Pariksha conducted in West Bengal. In affidavit-in-opposition of UGC, inter alia, following has been said :-
"The University Grants Commission specifies degrees as defined under section 22 of the UGC Act, 1956. Such degrees can be awarded only by a University established or incorporated by or under a Central Act, a provincial Act or a State Act or by an Institution Deemed to be University established under section 3 of the UGC Act, 1956."
This is in line with view taken in Bipandtaran Ruidas (supra).
Considering cases of resistance made out, respectively by the University and UGC, to petitioner's claim for relief, this Court is of view such resistance is without merit. Writ petition, therefore, succeeds. Memo dated 9th/10th October, 2017 impugned herein is set aside. The University will allow petitioner to continue on his way with course study in duly registering him, allow him to take semester examinations, get result and ultimately achieve award of degree on exhibiting his entitlement thereto on academic merits.
Writ petition is disposed of.
(Arindam Sinha, J.) 5