Delhi High Court
Sakshi Semwal vs Union Of India & Anr. on 13 February, 2024
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15477/2023
SAKSHI SEMWAL ..... Petitioner
Through: Mr. Divyadeep Chaturvedi, Mr.
Omkar Shrivastava and Mr. Ayush Jain,
Advs.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Ms. Monika Arora, CGSC with
Mr. Subhrodeep Saha, Adv. for UOI
Mr. Apoorv Kurup, Ms. Gauri Goburdhun
and Ms. Muskaan Gupta, Advs. for UGC
Mr. Kaushal Gautam, Mr. Mrinal Sharma,
Mr. Karan Tomer, Ms. Varshika Singh and
Ms. Snehpreet Kaur, Advs. for NIFT
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
J U D G M EN T (O R A L)
% 13.02.2024
W.P.(C) 15477/2023
The Dispute
1. On 16 November 2021, the petitioner completed a four year
undergraduate programme in Fashion Design from the Indian Institute
of Crafts & Design (IICD), Jaipur, at the conclusion of which she was
awarded a Professional Diploma in Craft Design.
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2. Armed with this Diploma, the petitioner underwent the entrance
examinations for admission to the Master of Fashion Management
(MFM) course conducted by the National Institute of Fashion
Technology (NIFT). She passed the entrance examinations. At the
time of orientation, she submitted all documents including the diploma
issued by the IICD as well as a certificate dated 3 March 2023, issued
by the IICD, the relevant portion of which reads thus:
"INDIAN INSTITUTE OF CRAFTS & DESIGN
J-8, Jhalana Institutional Area, Jaipur -302004
Date: 03/03/2023
No.: IICD/R(A)/UG-2023-l514
TO WHOSOEVER IT MAY CONCERN
The Indian Institute of Crafts & Design, Jaipur was set up
as an autonomous institute by the Government of Rajasthan in the
year 1995 to act as a catalyst of change in the craft sector. Since
October 2007, the Institute has been funded and managed by
Ambuja Educational Institute (AEI) under the Public Private
Partnership (PPP) model. Since 2018, IICD has provided degree
programmes in affiliation with Rajasthan ILD Skills University
(RISU).
This is to certify that the 4 years Undergraduate
Professional Diploma in Crafts and Design provided by the Indian
Institute of Crafts and Design (lCD), Jaipur is a well recognized
qualification in India. IICD has been listed in All Indian Survey on
Higher Education (ASIHE) portal of Ministry of Education,
Government of India. The AISHE code for IICD is C-649l5.
The said candidate Ms. Sakshi Semwal, (UG-2016-038) D/s
Mr. Atul Semwal is an alumna of the IICD Under Graduate
Professional Diploma in Crafts and Design, batch (2016-2020).
The credibility of the 4 years undergraduate diploma is equivalent
with the current B. Des programs of IICD. All the batches of IICD
have been taught by the finest national and international faculty
members and professionals. The program is equivalent with other
premier institutes of India like National Institute of Fashion
Technology (NIFT), National Institute of Design (NID).
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This institute has no objection in her joining any recognized
college/institute or taking examination of any University/Board
established by law.
Hope this letter will help the candidate for the admission.
Please do not hesitate to write or call us if you need any additional
information.
Sd/- 3/3/23
(Ajai Johri)
Registrar (Academics)"
(Emphasis supplied)
3. The documents submitted by the petitioner were verified twice
by the NIFT, as communicated by the NIFT to the petitioner vide e-
mails dated 13 January 2023 and 18 May 2023. Following this, the
petitioner was informed by the NIFT, vide e-mail dated 15 June 2023,
that she had been provisionally shortlisted for the MFM programme
and that her admission would be confirmed on receipt of the requisite
fee.
4. Following this, the petitioner obtained admission to the MFM
course at the Kannur campus of the NIFT and commenced her studies.
5. While the course was mid-session, on 25 August 2023, the
NIFT addressed the following e-mail to the petitioner:
"Dear Sakshi Semwal MFM/23/423,
With reference to the subject, regarding the eligibility of your
admission to the Master of Fashion Management (M.F.M) course
at NIFT Kannur. According to the document submitted at the time
of orientation programme, you have completed a 4-year UG
Professional Diploma in Fashion Design from the Indian Institute
of Craft and Design (IICD), Jaipur, an autonomous institute under
the Government of Rajasthan.
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As per the NIFT admission guidelines 2023, the education
qualification for Master of Fashion Management (MFM) is an
"Undergraduate Degree in any discipline from any Institute/
University recognized by law in India OR Undergraduate Diploma
of minimum three years duration from NIFT/NID".
However, based on the guidance received from NIFT Admission
Headquarters dated 25.08.2023, there is an additional requirement
for your admission process. You are kindly advised to provide an
equivalence certificate from the Association of Indian Universities
(AIU) on or before 30th September 2023.
This certificate is necessary to confirm that your diploma holds
equivalence to an Undergraduate Degree.
This is for your information and necessary action, please.
Yours faithfully
Roshin R Mohan
Jr.Asst-AA"
National Institute of Fashion Technology, Kannur
Ministry of Textiles
Govt of India"
(Emphasis supplied)
6. The petitioner, therefore, approached the Association of Indian
Universities (AIU) for an equivalence certificate, certifying that the
diploma issued by the IICD was equivalent to an undergraduate
degree. However, the AIU rejected the petitioner's application for an
equivalence certificate vide e-mail dated 26 September 2023, stating
that the AIU issued equivalence certificates only for foreign
qualifications. No certificate of equivalence could, therefore, be
issued by the AIU for the Diploma held by the petitioner, as it had
been issued in India by the IICD.
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7. In these circumstances, the petitioner wrote to the NIFT on 4
October 2023, submitting that the diploma issued by the IICD
satisfied the required educational qualifications for admission to the
MFM course in the NIFT and, therefore, requesting that the earlier
communications addressed by the NIFT to her be reconsidered.
8. By the impugned letter dated 20 November 2023, the NIFT,
however, cancelled the petitioner's admission to the MFM
programme. The communication reads thus:
"NATIONAL INSTITUTE OF FASHION TECHNOLOGY
A Statutory Institute under the NIFT Act, 2006 and set up by the
Ministry of Textiles, Government of India
No.1667(98)/HO/Admissions Documents verification/2023 (Part-I)
20th November, 2023
Subject: Cancellation of admissions of Ms. Sakshi Semwal student
of MFM, NIFT Kannur for Admissions - 2023 due to not
fulfilling eligibility criteria - reg
Sir,
With reference to your letter No.
NIFT/AA/Admissions/2023 dated 9th October, 2023 regarding not
fulfilling the eligibility of Ms. Sakshi Semwal student of MFM,
NIFT Kannur for Admissions-2023. As has been informed by
NIFT Kannur campus that at the time of physical verification of
documents for all new students, it was found that Ms. Sakshi
Semwal Student of MFM did not possess the prescribed
qualifications for the MMF programme. Ms. Sakshi Semwal has
completed 4 years DG professional Diploma in Fashion Design
from Indian Institute of Craft and Design (lICD), Jaipur which is
an autonomous institute of the Govt. of Rajasthan. Whereas as per
the Admission Guidelines, the educational qualification for Master
of Fashion Management (MFM) are as given below:
Undergraduate Degree in any discipline from any institute/
University recognized by law in India
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Undergraduate Diploma of Minimum three years duration
from NIFT/ NID.
As per the admissions guidelines & Prospectus at page no.
122 it is clearly mentioned that "Candidates applying for the
examination should ensure that they fulfill all eligibility criteria for
admission. Admission at all stages of the examination viz, entrance
Examination, Situation Test, Personal Interview (as the case may
be) will be provisional, subject to the candidates satisfying the
prescribed eligibility criteria. During verification at any time before
or after the entrance exam, Situation Test and Personal Interview
(as the case may be) if it is found that the candidate does not fulfill
the eligibility criteria, his/her candidature for examination!
admission shall stand cancelled without any notice or further
reference. NIFT shall not be liable for any consequences on
account of on such cancellation".
In view of the above, Ms. Sakshi Semwal student of MFM,
NIFT Kannur did not possess the prescribed qualifications for the
MMF programme, therefore, her admission has been cancelled.
Kannur Campus may kindly be informed the student accordingly.
This issues with the approval of Competent Authority.
With regards,
Yours Sincerely
Sd/-
Dy. Director (Admission)
NIFTHD"
9. Aggrieved thereby, the petitioner has moved this Court by
means of the present writ petition under Article 226 of the
Constitution of India, seeking issuance of a writ of certiorari, quashing
and setting aside the aforesaid communication dated 20 November
2023 issued by the NIFT, and seeking restoration of the petitioner's
admission to the MFM course.
Counter-affidavit of the NIFT
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10. The NIFT has filed a counter affidavit, in which it is contended
that the cancellation of the petitioner's candidature to the MFM course
was legitimate, as she did not possess the requisite qualification. It is
further contended, tersely, that there can be no equivalence between a
diploma and a degree unless prescribed by the concerned University
or Institution and that, in any case, the prescribed qualification, as per
the prospectus of the NIFT, did not envisage any equivalence.
11. The counter-affidavit further draws attention to the fact that the
admission letter dated 15 June 2023, issued to the petitioner, clearly
stated that the admission was provisional and subject to final
verification of the documents and her credentials at the campus
allotted to her. During final verification at the campus of the NIFT,
Kannur, it was noticed that the petitioner did not possess either an
undergraduate degree from any institute or university recognised by
law nor an undergraduate diploma from NIFT/NID. The diploma
issued by IICD was not one of the educational qualifications
envisaged in the prospectus of NIFT for admission to the MFM
course. The certificate of equivalence issued by the IICD, too, did not
certify the diploma issued by it as meeting the essential qualifications
for admission to the MFM course. Reliance has been placed, in the
counter affidavit, on Section 22(1)1 of the University Grants
Commission Act 1956 ("the UGC Act"), which specifically states that
1
22. Right to confer degrees. -
(1) The right of conferring or granting degrees shall be exercised only by a University
established or incorporated by or under a Central Act, a Provincial Act or a State Act or an
institution deemed to be a University under Section 3 or an institution specially empowered by an
Signature Not Verified
Act of Parliament to confer or grant degrees.
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degrees can be conferred or granted only by Universities incorporated
by or under a Central Act, a provisional or a State Act, a deemed
University or an institution especially empowered by an Act of
Parliament to confer or grant degrees. Reliance has also been placed
on the definition of "degree" as contained in Section 22(3)2 of the
UGC Act.
12. In the present case, the equivalence certificate was issued by the
IICD, which is an autonomous institute not competent to confer
degrees as per the mandate of the UGC Act. As an institute which is
not competent to award degrees, the IICD, it is submitted, was equally
incompetent to grant the equivalence certificate dated 3 March 2023.
The counter affidavit also places reliance on the decision in Institute
of Mechanical Engineers (India) v. State of Punjab3, which states
that a certificate issued by an institution or an authority or a person
other than those specified in Section 22(1) of the UGC Act, cannot be
equivalent to a degree. Additionally, the counter affidavit cites
Devender Bhaskar v. State of Haryana4 and Unnikrishnan CV v.
UOI5, which proscribe courts from expanding the ambit of the
prescribed qualifications and deciding the issue of equivalence.
13. The counter affidavit also points out that the petitioner has, with
her application for admission to the MFM course, submitted the
following undertaking:
2
(3) For the purposes of this section, "degree" means any such degree as may, with the previous
approval of the Central Government, be specified in this behalf by the Commission by notification in the
Official Gazette.
3
(2019) 16 SCC 95
4
(2021) SCC OnLine SC 1116
Signature Not Verified
5
(2023) SCC OnLine SC 343
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"I Undertake:
I have read & understood NIFT Admission guidelines in the
Prospectus & updated on the website from time to time and affirm
that the statements made and information furnished by me in the
Online Application form are true, complete and correct to the best
of my knowledge and belief in the event of any information being
found false or incorrect or ineligibility being detected before or
after the examination, my candidature will be rejected and action
can be taken against me by NIFT. I have read the prospectus-2023
carefully and I hereby undertake to abide by the same. I further
declare that I fulfill all the conditions of eligibility regarding
educational qualifications, etc. decided on prescribed for NIFT
admissions."
Further Certificate dated 4 December 2023 issued by the IICD
14. The petitioner, thereafter, placed on record a further certificate
dated 4 December 2023, issued by IICD, under cover of CM APPL.
66204/2023. This certificate reads thus:
"INDIAN INSTITUTE OT CRAFTS & DESIGN
J-8, Jhalana lnstitutional Area, Jaipur - 302 004
Tel. 10141-2701203, 2701 504 Fax 10141-2700160
Email : [email protected] Website : www.iicd.ac.in
No.: IICD/RA/UG/2023-1695 Date: 04/12/23
TO WHOMSOEVER IT MAY CONCERN
This is to certify that Ms. Sakshi Semwal has been awarded
professional Diploma in crafts and Design for having completed
the prescribed requirement of the 4 years undergraduate
programme in Fashion Design in the year 2020, which is
equivalent to the current B. Des programme offered by the Indian
Institute of crafts and Design.
It is further certified that the current B. Des program is a 4 years
Undergraduate Degree recognised by the University Grants
Commission (UGC).
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04/12/2023
Ajai Johri
Registrar (Academics)"
(Emphasis supplied)
Clarification by UGC
15. In view of the certificate issued by the IICD, I deemed it
appropriate to implead the UGC as an additional respondent and
called upon the UGC to file a specific affidavit as to whether the B.
Des programme offered by the IICD is a four year undergraduate
degree recognised by the UGC.
16. The UGC has, thereafter, filed an affidavit dated 7 February
2024, para 3 of which clarifies the position thus:
"3. That, in this respect, it is humbly submitted that B. Des is a
UGC specified Bachelor's level degree with a minimum duration of
four years and the entry level qualification is a 10+2 level which is
specified in the UGC notification on Specification of Degrees,
2014 under section 22 of UGC Act 1956. A copy of the UGC
Notification on Specification of Degree 2014 is annexed herewith
and marked as Annexure A-1"
17. The B. Des qualification indeed figures as a recognized degree
in the UGC Notification on Specification of Degree 2014 ("the 2014
UGC Notification" hereinafter).
Rival Contentions
18. I have heard Mr. Divyadeep Chaturvedi and Mr. Kaushal
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Gautam, learned Counsel for the petitioner and respondent NIFT
respectively.
19. They have essentially echoed the rival contentions as contained
in the pleadings, as already noted hereinabove. Mr. Chaturvedi
additionally placed reliance on the judgment of a Single Bench of this
Court in Abha George v. AIIMS6.
Analysis
20. The law on the subject is well-settled. There is a plethora of
decisions of the Supreme Court which hold that, where there is no
concealment by a candidate, of the qualifications held by her, or him,
at the time of seeking admission to a particular course, and especially
where the documents are verified by the concerned authority before
granting admission to the candidate, the authority cannot turn around
later and cancel the admission on the ground that subsequent
verification has revealed the candidate to be unqualified, even if the
admission is termed "provisional". One may refer, in this context, to
Sanatan Gauda v. Berhampur University and Ors.7, A Sudha v.
University of Mysore8, Rajendra Prasad Mathur v. Karnataka
University9.
21. It may not, however, in the facts of the present case, be
necessary even to venture thus far.
6
2022 SCC OnLine Del 366
7
(1990) 3 SCC 23
Signature Not Verified
8
(1987) 4 SCC 537
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The importance of equivalence
22. Though the prescribed educational qualifications as per the
prospectus of the NIFT do not envisage any concept of equivalence, it
cannot lie in the mouth of NIFT to so contend, in view of its e-mail
dated 25 August 2023 supra addressed to the petitioner which called
on her to provide an equivalence certificate from the AIU before 30
September 2023. The equivalence certificate was called in order to
ensure compliance with the prescribed qualifications, which required
her to be in possession of an undergraduate degree in any discipline
from a recognized Institute/University.
23. The AIU could, however, not grant a certificate of equivalence,
as such certificates were granted by the AIU only for foreign
qualifications.
Significance of IICD's certificate dated 3 March 2023
24. The petitioner had already submitted, with her application for
admission to the MFM course, the certificate dated 3 March 2023
issued by the IICD, certifying that the four year diploma course
provided by it was equivalent to its B.Des programme. The four year
diploma and the B.Des qualifications both being conferred by the
IICD, the IICD was competent to certify equivalence between the
diploma and the B.Des programme. The certificate of equivalence
Signature Not Verified
9
1986 (Supp) SCC 740
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dated 3 March 2023 was, therefore, issued within the power and
competent of the IICD.
25. Apparently, at the time of granting admission to the petitioner,
the NIFT was satisfied with the aforesaid certificate dated 3 March
2023. Not once, but twice, on 13 January 2023 and on 18 May 2023,
did the NIFT write to the petitioner, confirming that "the NIFT
Admission team (had) reviewed the Document details submitted by
(her) during registration" and that "as per review (her) verification
status (had) been updated". Even for this reason, it would not have
been permissible for the NIFT, when the petitioner had joined the
course and already undergone six months of study, to ignominiously
throw her out, on the ground that she did not possess the requisite
qualifications.
Eligibility of the petitioner, on merits
26. That apart, even on merits, the highest that the NIFT could seek,
after the certificate dated 3 March 2023 issued by the IICD, was a
certification that B.Des programme of the NIFT was equivalent to the
degree issued by a recognised University or Institution. The IICD
itself issued a certificate to the said effect on 4 December 2023, which
has been brought on record by the petitioner under cover of CM APPL
66204/2023.
27. The said certificate dated 4 December 2023 issued by the IICD,
in fact, certified that the B.Des programme by it was a four year
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undergraduate degree recognized by the UGC.
28. In order to clarify this position, the UGC was directed to file an
affidavit. The UGC, in its affidavit, has endorsed the certificate of the
IICD dated 4 December 2023 by stating, clearly and unequivocally,
that the B.Des programme was, in fact, a degree recognized by the
UGC and included in the schedule to the UGC Act.
29. The matter must end there. The prescribed qualifications
required the petitioner to possess a degree recognised from an institute
or university in India. The e-mail dated 25 August 2023, however,
diluted this requirement by allowing her to obtain a certificate of
equivalence of her diploma with a degree awarded by a recognised
Institute/University.
30. The IICD had itself certified on 3 March 2023, that the four
year diploma undertaken by the petitioner was equivalent to its B.Des
programme. The UGC has certified, under affidavit, that the B.Des
programme of the IICD is in fact a degree recognised by UGC Act and
included in the 2014 UGC Notification.
31. No dispute could be said to survive, as regards the petitioner's
eligibility, even on merits, for admission to the MFM course in the
NIFT.
Overall conspectus
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32. Thus, the situation that emerges is that
(i) the e-mail dated 25 August 2023 addressed by the NIFT
to the petitioner itself manifests NIFT's understanding that, if
the petitioner could establish that the diploma held by her was
equivalent to an undergraduate degree, she could continue in the
course,
(ii) the petitioner, at the time when she took admission, in
fact, submitted a certificate dated 3 March 2023, issued by the
IICD, certifying that the IICD was equivalent to the B.Des
program,
(iii) thus, the authority which permitted the petitioner to
obtain admission to the MFM course at the NIFT was prima
facie satisfied that the certificate dated 3 March 2023, issued by
the IICD, sufficed to entitle the petitioner to obtain admission to
the MFM course,
(iv) subsequently, during the pendency of this writ petition,
IICD issued a second certificate dated 4 December 2023,
certifying that the B.Des program was a four years
undergraduate degree recognized by the UGC, and
(v) the UGC has also now filed an affidavit certifying in
unambiguous terms that "B.Des is a UGC's specified bachelor
level degree", specified in the 2014 UGC Notification, issued
under Section 22 of the UGC Act, a copy of which has also
been placed on record by the UGC.
33. This is not a case in which the petitioner concealed any material
at the time of obtaining admission to the MFM course. This is also
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not a case in which the petitioner did not produce any material to
indicate that she was qualified for admission to the MFM course. It
cannot, therefore, be likened to a case, for example, in which no proof
of eligibility is submitted by a candidate and, nonetheless, the
candidate is granted admission. In the present case, the petitioner filed
a certificate dated 3 March 2023 issued by the IICD certifying the
diploma issued by the IICD to be equivalent to the B Des program of
the IICD. The fact that the B Des program is a UGC recognized
bachelor degree, has been certified by the UGC itself.
34. Even if, therefore, one were not to rely on the judgment of the
coordinate Bench of this Court in Abha George5, the petitioner,
nonetheless, has made out a case for being permitted to continue and
complete the MFM course with the respondents.
35. No occasion remains, therefore, for me to advert to the judicial
authorities cited by Mr. Kaushal, which elucidate the general principle
that the Court can neither amend the prescribed qualifications nor
pronounce on equivalence. The facts of the present case are sui
generis, and the petitioner's entitlement to continue in her MFM
course with the NIFT is established on merits.
Conclusion
36. Accordingly, the communication dated 20 November 2023,
issued by the Dy. Director (Admission), NIFT is quashed and set
aside. The admission of the petitioner to the MFM course conducted
by the NIFT is restored.
Signature Not Verified The petitioner shall be permitted to continue
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and complete the course.
37. This writ petition accordingly stands allowed accordingly, with
no order as to costs.
38. Needless to say, if any result of any examination undertaken by
the petitioner has been withheld, it shall also be released forthwith.
39. Pending miscellaneous applications do not survive for
consideration and are accordingly disposed of.
C. HARI SHANKAR, J.
FEBRUARY 13, 2024 rb/dsn Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:AJIT KUMAR W.P.(C) 15477/2023 Page 17 of 17 Signing Date:18.02.2024 15:21