Calcutta High Court (Appellete Side)
Parimal Mistry vs Union Of India And Others on 30 January, 2026
Author: Jay Sengupta
Bench: Jay Sengupta
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Jay Sengupta
WPA 24216 of 2017
Parimal Mistry
Vs
Union of India and Others
Petitioner in person : Mr. Parimal Mistry
For the Union of India : Mr. Partha Ghosh
Ms. Purabi Saha Das
.....Advocates
For the UGC : Mr. Anil Kumar Gupta
.....Advocate
For the respondent Nos.3 & 4 : Mr. Anna Malhotra
Mr. Rishav Maity
....Advocates
For the respondent No.6 : Ms. Nandini Mitra
.....Advocate
.
Heard lastly on : 08.12.2025
Judgment on : 30.01.2026
2
Jay Sengupta, J:
1. This is an application praying for a direction upon the respondent authorities, inter alia, to convert 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 Grant Commission, under the Ministry of Human Resources Development (MHRD), to provide a declaration certificate for specific class and/or division and/or grade and/or CGPA and to declare at 59% marks obtained by the petitioner from the National School of Drama was equivalent to >60% marks in Master Degree from other Universities in India under the UGC.
2. The petitioner appearing in person has submitted and has relied on the written notes as follows. The petitioner had obtained a Three Year Diploma Course in Dramatics for the Academic Year 2001-2004, Diploma in Acting from National School of Drama (An autonomous Institution under Ministry of Culture, Govt. of India), New Delhi and secured 59% marks from the National School of Drama. As per the UGC Regulations-2010 dated 30/06/2010 it was declared that the minimum qualifications for Appointment of teachers and other academic staff in Universities and Colleges and measures for the maintenance of standards in higher education, 2010 are as follows. Clause-4.4.2.2. Drama Discipline: Assistant Professor "OR" iv) A traditional and a professional artist with highly commendable professional achievement in the concerned subject, who should be or have: 1) A professional artist with first class degree/diploma 3 from National School of Drama or any other such approved Institution in India or abroad; 2) Five years of regular acclaimed performance in regional /national/international stage with evidence; and 3) Ability to explain the logical reasoning of the subject concerned and adequate knowledge to teach theory with illustrations in said discipline. The Visva-Bharati, Santiniketan, a Central University, published an advertisement on 07/04/2012 (Advertisement No. 05/2012, SL. No. 9) for the Post of Assistant Professor of Drama and Theatre Art, Department of RMDD, Sangit Bhavana (SC). The said Post was reserved for the Scheduled Cast Candidates and the Visva- Bharati, Santiniketan, a Central University, published an advertisement on 31/03/2012 (Advertisement No. 03/2012, SL. No. 40) for the Post of Assistant Professor of Drama, Department of RMDD, Sangit Bhavana. As per the aforesaid both advertisement (Advertisement No. 05/2012 & Advertisement on 31/03/2012) essential qualification was same and the essential qualification required for the Post of Assistant Professor are as follows. A traditional and a professional artist with highly commendable professional achievement in the concerned subject, who should be or have: i) A professional artist with first class degree/diploma from National School of Drama or any other such approved Institution in India or abroad; ii) Five years of regular acclaimed performance in regional /national/international stage with evidence; and iii) Ability to explain the logical reasoning of the subject concerned and adequate knowledge to teach theory with illustrations in said discipline. The Hon'ble Court passed a judgement and order on 02.12.2015 in the M.A.T. No. 1548 of 2015 (Parimal Mistry vs. Visva-Bharati, 4 Snatiniketan & Ors.) on the consideration that the Three Year Diploma Course in Dramatics for the Academic Year 2001-2004, Diploma In Acting from National School of Drama (An autonomous Institution under Ministry of Culture, Government of India), new Delhi was not at par with the conventional education and the petitioner had secured 59% marks from the National School of Drama. Relevant portion of the judgement are as follows. The Court was not impressed by the submission advanced by the writ petitioner appearing in person for the following reasons. "The writ petitioner has aspired not on the basis of conventional education but on the basis of the degree obtained by him from the National School of Drama. Before he could apply on that basis he was required to have a first class degree which the writ petitioner admittedly did not have." The Hon'ble High Court passed another Judgement and Ordered on 27.01.2020 in the MAT 1569 of 2019 with CAN 855 of 2020 with CAN 10528 of 2019 arising out of W.P. No. 24216 (W) of 2017. The Respondent No. 3 & 4 very well known about their three year Diploma course in Dramatics Art awarded by the National School of Drama. The National School of Drama did not awarded the Degree, but a Diploma. The Respondent No. 3 & 4 (National School of Drama) deliberately misled and misguided the Hon'ble High Court at Calcutta and suppressed the truth by forming the basis as follows. a) The Judgement and Ordered dated 02/12/2015 passed in Μ.Α.Τ. No. 1548 of 2015, Parimal Mistry vs Visva-Bharati, Santiniketan & Ors.; b) The guidelines of the Delhi University Under-Graduate Courses in Semester Mode dated 5th of September, 2011; c) And also Circular of the National School of Drama dated 20th of July, 2004 5 in relation to scoring system. The National School of Drama deliberately suppressed the fact that the National School of Drama was an Autonomous Body before 11.03.2005, and by a notification, on and from 11.03.2005 the National School of Drama was declared as "Deemed University" under the University Grants Commission (UGC). Such withdrawn by another Notification dated 1103.2005 Notification being No. F. 9-24/2002-U.3 dated 30.09.2011 due to was non fulfillment of conditions as stipulated in the Notification dated 11.03.2005. Therefore, since 30.09.2011 the National School of Drama was again reverted back to its original status of Autonomous Body. The Hon'ble Court passed the Judgement and Ordered on 03.06.2023 in the review application being RVW 51 of 2020 in MAT 1569 of 2019 with WPA 24216 of 2017, Parimal Mistry vs. The Union of India and Ors. "In view of the fact that the petitioner was appearing in person and we find that this is a relevant document which was on record but not considered by us at the time of disposal of the appeal, we recall our order dated 27.01.2020 and permit the writ petitioner to amend the writ petition in this proceeding itself and the appeal shall be heard afresh after such amendment is carried out." Meanwhile, the Hon'ble High Court of Delhi at New Delhi passed the Judgment and Order reserved on 25/02/2019 and Pronounced on 12/04/2019 in the Case No. W.P.(C) 7800/2012, Santanu Das Versus National School of Drama & Ors. The Hon'ble Justice Suresh Kumar Kait passed the Judgment and Order which is as follows. Paragraph Sl. No. 14.
"In additional affidavit filed by the respondent no. 1, it is clarified that instead of point 6, point 7 is meant for SC candidates. One post for this 6 category is already kept vacant. The respondent no. 1 not being a university, it does not come under the preview of UGC and thus guidelines issued by the UGC are not applicable to the NSD. However, the post graduate diploma in Dramatic Arts awarded by the National School of Drama is duly recognized by the Ministry of Education and Culture, department of education vide notification no. RC.Q.110236/22/11/T-7/1, dated 06.09.1980. 1981 Notification by the Government of India, Ministry of Education and Culture Recognizing the Diploma No. RC.Q. 11023/22/77/T/7 Government of India, Ministry of Education and Culture (Department of Education) New Delhi, dated 6th of September, 1980 states the followings: Office Memorandum - On the recommendation of the Board of Assessment of Educational Qualifications, the Government of India has decide to recognize the Diploma in Dramatics awarded by the national School of Drama, New Delhi after the three years course for the purpose of recruitment to superior posts and services under the Central Government where specialization in the field of Dramatics is required. 1981 Notification by Association of Indian Universities, also recognized this Diploma. The Notification No. EV/II(414)/81/39395 dated 19.10.1981 sated the followings. The Equivalence Committee of this Association of Indian Universities at its meeting on 12.10.1981, considered the question of equivalence of the Diploma in Dramatics awarded by the National School of Drama, New Delhi. The resolution adopted thereon. "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 7 such be eligible for appointment as teachers in colleges and universities and for the purpose of registration of Ph.D. The National School of Drama requested to Association of Indian Universities for amendment of the Recognized Diploma. Being vide letter No. NSD/ACAD/1640/2020/2021 dated 31.03.2021 regarding partial modification/amendment in the AIU Notification No. EV/11(414)/81/39395 dated October 1981 in the status of National School of Drama Diploma in Dramatics states the followings. Sub:
Partial amendment in the Resolution vide its Notification EV/11(414)/81/39395 dated October 1981 in the status of National School of Drama Diploma in Dramatics. With reference to your letter No. NSD/ACAD/1640/2020/2021 dated 31.03.2021 regarding partial modification/amendment in the AIU Notification No EV/11(414)/81/39395 dated October 1981 in the status of National School of Drama Diploma in Dramatics. We would like to inform you that The Competent Authority of AIU has considered your request and amended status of the National School of Drama Diploma is as under - "Resolved that those who have a Bachelor Degree and have obtained a Diploma in Dramatics from the National School of Drama, New Delhi be considered as having obtained an MA Degree and as such be eligible for appointment as teachers in colleges and universities and for the purpose of registration to Ph.D." All other terms and conditions would remain the same as specified in our Notification No. EV/11(414)/81/39395 dated October, 1981. The Visva-Bharati, Santiniketan, a Central University, published an advertisement on 07.04.2012 (Advertisement No. 05/2012, SL. No. 9) for the Post of Assistant Professor of Drama and Theatre Art, 8 Department of RMDD, Sangit Bhavana (SC). The said Post was reserved for the Scheduled Cast Candidates. The Visva-Bharati, Santiniketan, a Central University, published an advertisement on 31.03.2012 (Advertisement No. 03/2012, SL. No. 40) for the Post of Assistant Professor of Drama, Department of RMDD, Sangit Bhavana. As per the both aforesaid advertisements, essential qualifications are the same. The post referred in the advertisement No. 05/2012 for SL. No. 9 was reserved for the Scheduled Cast Candidates. For that the aforesaid Advertisement is connected to the case no. MAT 1548 of 2015 and with WP 4005 (w) of 2014, Parimal Mistry Versus The Union of India & Ors.. The post referred in the advertisement No. 03/2012 for SL. No. 40 is connected to the case no. FMA 2684 of 2016 and with WP 22638 (w) of 2015, Parimal Mistry versus Visva-Bharati, Santiniketan & Ors. UGC Regulations 2010, Drama discipline, Clause 4.2.2.2 Assistant Professor (Section "OR", iv, Sl. No. 1, 2, 3) and Visva-
Bharati Advertisement 05/2012 and 03/2012, required qualifications/essential qualifications are same. Finally Respondents No. 3 & 4 (National School of Drama), Respondent No. 5 (University Grants Commission) and Respondent No. 6 (Association of Indian University) all Respondents admitted and / or agreed to 1981 Notification. For that according to the Judgment and Order on 03/06/2023 in the RVW 51 of 2020 in MAT 1569 of 2019 with WPA 24216 of 2017, Parimal Mistry Versus The Union of India & Ors. The Judgment and Order is crystal clear. It mentions that 1981 Notification is a relevant document which was on record but not considered at the time of disposal of the appeal. As per UGC Regulations 9 2010 and Visva-Bharati University employment advertisement no. 05/2012 and advertisement no. 03/2012, the petitioner is a fully eligible candidate for the post of Assistant Professor in Drama. For that the Order dated 22.09.2023 in MAT 1569 of 2019 with CAN 3 of 2023 the amended writ petition is allowed and also the application being CAN 3 of 2023 is allowed.
Amended writ petition page no. 18, paragraph sl. No. 12(g) - That in view of the aforesaid notification the petitioner who has obtained diploma securing 59% marks from National School of Drama and Autonomous Institution of Ministry of Culture, Government of India has requisite eligibility and qualification for appointment to the post as prayed earlier by your petitioner. For that the petitioners has prayed as per UGC Regulations Act 2010 on 30.06.2010 Guidelines, in the Post of Assistant Professor in Drama discipline that he must be informed by the appropriate authority as to where he stands in respect of and in comparison to the students passing under the UGC by obtaining 59% marks by the National School of Drama under CMPA marking system, which has not been answered by the appropriate authority. What percentage of marks amounted to getting First Class in diploma from the National School of Drama. The writ petitioner obtained 59% marks from National School of Drama. For that the National School of Drama have direct connection with applicability of this 1981 notification by AIU as the same applies to appointment of diploma holders from the National School of Drama as teachers to other Colleges and Universities reason of that the date of 30.06.2010 regarding UGC Regulations - 2010 Notification in that time the National School of Drama status was "Deemed University" under Section 10 3 of the University Grants Commission Act, 1956. For that the Hon'ble High Court at Calcutta passed the judgement and order MAT No. 1548 of 2015 on 02.12.2015 the writ petitioner did not have a First Class degree from National School of Drama. But actual fact is that the writ petitioner have obtained 59% marks in diploma from National School of Drama has kept on record. For that the Equivalence Notification 1981 by Association of Indian University is applicable the academic period of the writ petitioner in the National School of Drama was from the year 2001-2004. Therefore, at that point of time the National School of Drama was an Autonomous Institution under Ministry of Culture (MOC), Government of India and not under the University Grants Commission (UGC), MHRD. For that the Equivalence Notification 1981 on 19.10.1981 by Association of Indian University is not applies as of dated 30.06.2010 regarding the UGC Regulations - 2010 Notification reason of that the National School of Drama status was "Deemed University" under Section 3 of the University Grants Commission Act, 1956. For that the petitioner state that the UGC Regulations Act 2010 on 30.06.2010 Guidelines, the University Grants Commission hereby frames the following Regulations is, inter alia, Clause 1.2: They shall apply to every University established or incorporated by or under a Central Act, Provincial Act or a State Act, every Institution including a constituent or an affiliated College recognized by the Commission, in consultation with the University concerned under Clause (f) of Section 2 of the University Grants Commission Act, 1956 and every Institution deemed to be a University under Section 3 of the said Act. Clause 3: Consequences of failure of the University to comply 11 with the recommendations of the Commission, as provision of Section 14 of the University Grants Commission Act, 1956. If any University Grants affiliation in respect of any course of study to any college referred to in sub- section (5) of Section 12-A in contravention of the provisions of the sub- section, or fails within a reasonable time to comply with any recommendations made by the Commission under Section 12 or Section 13, or contravenes the provisions of any rule made under Clause (f) of sub- section (2) of Section 25 or of any regulations made under clause (e) or clause (f) of Clause (g) of sub-section (I) of Section 26, the Commission after taking into consideration the cause, if any, shown by the University for such failure or contravention, may withhold from the University the grants proposed to be made out of the fund of the Commission. For that the earlier/previous matter being case no. WP. 4005(W) of 2014 and WP. 22638(W) of 2015 is liable to be open or reopen in its own merit.
3. Learned counsel for the respondent No. 6 has relied on the Report filed and has submitted as follows. The writ petitioner obtained a Three Year Diploma Course in Dramatics for the Academic Year 2001-2004, from the National School of Drama (An autonomous Institution under Ministry of Culture, Government of India), New Delhi. The writ petitioner had secured 59% marks from the National School of Drama, which became an independent entity in 1975 and was registered as an autonomous organization under the Societies Registration Act XXI of 186, fully financed by the Ministry of Culture, Government of India. It is stated that the writ petitioner amongst other prayers made in the writ petition prayed for a Writ 12 of Mandamus to forthwith declare that 59% marks obtained by the petitioner from the National School of Drama is equivalent to upper >60% marks in Masters Degree from other universities in India under the University Grant Commission (hereinafter referred to as UGC). According to the Writ Petitioner that as per Notification No. RC.Q.11023/22/77/T/7 dated 06.09.1980 of the Government of India, Ministry of Education and Culture, New Delhi Government of India had decided to recognize the diploma in Dramatics Arts awarded by the National School of Drama, New Delhi, after three years course, for the purpose of recruitment to superior posts and services under the State or/ Central Government where specialization in the field of Dramatic Arts is required. The Photocopy of the Office Memorandum dated 6th September 1980 is annexed and marked as Annexure R/1. It is stated that the Respondent No. 6 The Association of the Indian Universities, hereinafter referred to as AIU, plays a central role in evaluating and granting equivalence of degrees and qualifications awarded by foreign and Indian universities. AIU helps in determining inter-universities equivalence within India when institutions or individuals need clarity on recognition of courses/ degrees from different Indian Universities. The Equivalence Committee of this Association of Indian Universities at its meeting on 12th October 1981, considered the question of equivalence of the Diploma in Dramatics awarded by the National School of Drama, New Delhi. The resolution adopted thereon was as follows: "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 13 eligible for appointment as teacher in colleges and universities and for the purpose of registration to Ph.D. It is stated that the respondent No. 6 vide its letter dated 31st May 2021 wrote to the Director In-Charge, National School of Drama that in reference to his letter dated 31 March 2021 regarding partial modification/ amendment in the AIU Notification dated October 1981 in the status of Diploma in Dramatics from the National School of Drama. The Director was informed that the competent authority of AIU had considered his request and amended status of Diploma in Dramatics from the National School of Drama and it had been resolved as under. "Resolved that those who have a Bachelor Degree and have obtained a Diploma in Dramatics from the National School of Drama, New Delhi be considered as having obtained and M.A. degree and as such be eligible for appointment as teachers in colleges and universities and for the purpose of registration to Ph.D." All other terms and conditions would remain the same as specified in our Notification No. EV/11(414)/81/30305 dated October, 1981. In conclusion, it is submitted that while passing the judgement and order dated 27.01.2020 in MAT No. 1569 of 2019, the Hon'ble Division Bench were made to believe that the prayers made by the writ petitioner before the Hon'ble Supreme Court and before the Division Bench in Calcutta were same and identical and the issues raised therein had reached its finality before the Hon'ble Supreme Court whereas in fact the prayer made by the writ petitioner before the Hon'ble Apex Court was with regard to his appointment in the post of Assistant Professor in Visva Bharati whereas the prayer made the writ petition in WPA No. 24216 of 2017 and subsequent appeal arising 14 therefrom being MAT No. 1569 of 2019 were two fold in (i) Declaration that 59% marks obtained equivalent to upper 60% marks in Master Degree from other Universities and (ii) to declare as to what is the point/marks equivalency to the 59% of marks obtained by the writ petitioner under CMPA marking system to that of CGPA mark under UGC. Therefore, the question now to be decided by the Hon'ble High Court, was not traversed earlier. Since, the Division Bench in Review has allowed the writ petitioner to file the amended writ petition there is not bar before the Hon'ble Court to decide the issue of equivalence of 59% marks obtained in a 3 year diploma course from NSD, New Delhi.
4. Learned counsel appearing on behalf of the UGC has submitted and has relied on the written notes as follows. It was pointed by the learned counsel for the UGC that the matter has open decided once and for all by the Hon'ble Apex Court. Therefore, it was the same point before this Court. It appears from the writ petition that the writ petitioner had graduated from National School of Drama (hereinafter referred as "NSD") in the year 1998 and has been engaged in theatre activities for quite a long period of time. The petitioner has worked as freelance theatre designer, director and teacher. He has also worked with National School of Drama in different theatre workshops as teacher and camp director. The petitioner cleared the NET exams conducted in 1999, December and joined Rabindra Bharati University as Lecturer of set design in Drama department in April, 2001. It further appears that The Petitioner is being qualified candidate, applied for the post and the respondent no.1 vide letter dated 16.02.2012 called the petitioner for 15 an interview and accordingly he appeared on 20.12.2012. During the course of interview, the petitioner informed the panel that he belongs to Scheduled Caste Category. He inquired about the fact that in the advertisement by the respondent no.1, there was no mention about the reservation for SC/ST. He further stated in any case since NSD is an institution fully funded by the Central Government through the Ministry of Culture, the Brochure on SC/ST reservation is applicable to NSD. The Petitioner has prayed that he must be informed by the appropriate authority as to where he stands in respect of and in comparison to the students passing under the UGC by obtaining 59% marks by National School of Drama under CMPA marking system. It is stated that the University Grants Commission has prescribed clause 4.4.2.2 under the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education 2010 in respect of Assistant Professor in Drama Discipline. The said clause 4.4.2.2 is quoted hereunder: "4.4.2.2: Drama Discipline 1. Assistant Professor: i. Good academic record with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master's Degree level, in the relevant subject or an equivalent degree from an Indian/Foreign University;
ii) Besides fulfilling the above qualifications, candidates must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR, or similar test accredited by the UGC. However, candidates, who are, or have been awarded Ph. D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations 16 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges / Institutions; iii) Without prejudice to the above, NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted Or iv) A traditional and a professional artist with highly commendable professional achievement in the concerned subject, who should be or have: 1) A professional artist with first class degree/diploma from National School of Drama or any other such approved Institution in India or abroad; 2) Five years of regular acclaimed performance in regional/national/ international stage with evidence; and 3) Ability to explain the logical reasoning of the subject concerned and adequate knowledge to teach theory with illustrations in said discipline." A photocopy of the said clause 4.4.2.2 of the UGC Regulations 2010 is annexed hereto and marked with Letter - "B". It is further stated that the UGC Regulations are silent regarding the issue of connotation of First-Class marks in Diploma obtained from National School of Drama. Diploma/Certificate courses are not specified by the University Grants Commission. The respondent National School of Drama shall ascertain what shall be the percentage of marks that will qualify for securing "First Class Diploma". It is submitted that UGC Regulations and its amendments issued by the UGC from time to time are framed after detailed deliberations by the Expert Committee and are mandatory in nature and cannot be overlooked at any stage and all the 17 Universities/Institutions/College have been advised to strictly comply with them.
5. Learned counsel appearing on behalf of the respondent no. 3 and 4 disputes the context raised by the petitioner and submits that it is not for her clients to decide on the equivalence of marks.
6. The Union of India is represented.
7. I heard the learned counsels for the parties, perused the writ petition, the affidavits, the earlier orders passed by this Court and the written notes of submissions.
8. The matter has remained pending for a long time. After the matter was remanded back, the same was heard on several occasions.
9. Although, initially the issue was contested on behalf of the respective parties by placing different provisions of law, the respondent No. 6 has filed report that tends to support the petitioner's eligibility to the post.
10. According to the report of the respondent no. 6, the Association of Indian Universities (AIU, for short) played a central role in evaluating and granting equivalence of degrees and qualifications awarded by Foreign and the Indian Universities. It helped in determining inter-universities equivalence within India. The Equivalence Committee of the AIU at its meeting held on 12.10.1981 considered the question of equivalence of the Diploma in Dramatics awarded by the NSD, New Delhi. The resolution adopted, provided that those who had B.A. Degree and had obtained a 18 Diploma in Dramatics from the NSD, New Delhi would be considered as having obtained an M.A. Degree and as such, would be eligible for appointment as teachers in colleges and universities and for the purpose of registration to PhD. The respondent No. 6, by a letter dated 31.05.2021, wrote to the Director-in-charge, NSD as regards partial modification/amendment in the AIU notification of October, 1981 in the status of Diploma in Dramatics from the NSD. The Director was informed that the competent authority of the AIU had considered his request and amended status of Diploma in Dramatics from the NSD. All other terms and conditions were to remain the same as specified in the notification of October, 1981.
11. It appears that earlier, the present petitioner had challenged the appointment of a respondent as Assistant Professor of Drama and Theatre Art at Viswa Bharati University in an earlier writ petition being 4005 (W) of 2014. By an order dated 14.07.2015, the Single Bench allowed the prayer and the appointment was set aside. Appeals were preferred. By an order dated 02.12.2025, the Division Bench held that the writ petitioner did not possess the requisite eligibility for appointment of Assistant Professor of Drama and Theater Art. The order of the Single Judge was set aside and the appeals of the University and the selected candidate were allowed and the appeal of the writ petitioner was dismissed. It even held that the writ petitioner did not have consistently good academic record. The present petitioner preferred an SLP which was dismissed on 04.09.2017. The petitioner's review petition was also dismissed on 28.11.2018. 19
12. The first set of writ petitioners all ended up in the review applications before the Hon'ble Supreme Court that also dealt with the eligibility of the petitioner to the post. On 28.11.2017, the Hon'ble Apex Court categorically held that it did not find any error in the impugned order, much less an apparent error on the face of the record, so as to call for its review. Therefore, the petitioner can draw nothing favourable from the same.
13. In the meantime on 06.06.2016, a Single Bench of this Court in WP 22638(W) of 2015 held that in view of the judgement and order dated 02.12.2015 passed in MAT 1548 of 2015, the petitioner did not fulfil the first non-conventional criteria required and that in such circumstances, the petitioner not having the requisite eligibility criteria could not be considered for the purpose of appointment to the post for which he had aspired.
14. In 2017, the petitioner filed the present writ petition praying for a direction to convert marks obtained by him in the CMPA marks statement in Diploma to CGPA under the UGC and to declare that 59% marks obtained by the petitioner from the NSD was equivalent or greater than 60% of Masters Degree from other Universities in India under the UGC. By an order dated 13.09.2019, passed by a Single Bench, the writ petition and the connected applications were dismissed. Among other things, the Single Bench held that no relief could be granted to the petitioner and held that the petitioner's claim was barred by a binding decision of a Coordinate Bench decision dated 06.06.2016. By an order dated 27.01.2020 passed by Division Bench in appeal, the judgement of the Single Bench was affirmed and the appeal was dismissed. The Court held that UGC grading equivalence regulations were 20 inapplicable to NSD which followed its own scoring system. Thereafter, by an order dated 23.06.2023 passed in review, a Division Bench of this Court held that a relevant document had not been taken into account and permitted the petitioner to amend the writ petition to incorporate the relevant document. By an order dated 22.09.2023, liberty was granted to mention the matter before the learned Single Judge.
15. It is true that the present stand of the respondent No. 6 apparently supports the petitioner's eligibility to the post to the extent that according to the Equivalence Committee, the Diploma obtained by the petitioner from NSD is said to be equivalent to a Masters Degree.
16. However, the prayers made by the petitioner in the instant writ petition are quite different. First, he had prayed for conversion of CMPA marks to CGPA, which is admittedly not possible as contended by the respondents. The next prayers are for a declaration of a specific class or division or grade of the marks obtained or to provide percentage of marks equivalence or to provide a certificate as to position as per CGPA, which are also not possible and there is no provision that treats 59% marks in the Diploma as first class.
17. The principle contention and prayer of the petitioner was that the 59% marks obtained by him from the NSD in the Diploma should be declared as equivalent or greater than 60% marks in the Masters Degree from other Universities in India under the UGC. This is also not tenable. Even, the affidavit of the respondent No. 6 does not help the petitioner in this regard. 21
18. Therefore, it is abundantly clear that the relief sought by the petitioner in the instant case, as would be evident from his prayers, are quite different from merely treating his Diploma obtained from the NSD as equivalent to Masters Degree that can be obtained from a University under the UGC.
19. Hence, it would not be proper to mould the relief because the two would be quite far apart, because the earlier decisions on the question of eligibility stare at us and because the purported new disclosure and/or notification ideally ought to be first placed for a thorough consideration before all the concerned authorities.
20. In view of the above discussions, this Court does not find any reason or justification to allow the writ petition.
21. However, if the contention of the respondent No. 6 regarding equivalence of the Diploma obtained by the petitioner from the NSD and a Masters Degree obtainable from a University can treat him as eligible for the post and get the petitioner an employment as an Assistant Professor, he shall be at liberty to make an appropriate representation before the concerned authorities in this regard.
22. Hence, the writ petition is disposed of with the above observations.
23. However, there shall be no order as to costs.
24. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities.
(Jay Sengupta, J.)