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13. Learned Single Judge relying upon the judgement of Kuldeep Kumar Pathak(supra) and Laxmi Shanker Yadav vs. State of U.P. and 4 Others in Writ-A No. 5394 of 2021 and the judgement dated 19.11.2022 passed by the Division Bench of this Court in Special Appeal No. 37 of 2022 (the Basic Eduction Board, U.P. Prayagraj and Another vs. Laxmi Shekhar Yadav) has allowed the said writ petition, holding that appellant/respondent could not place any regulation for the statutory requirement to demonstrate that obtaining two degrees simultaneously is prohibited.

21. Learned counsel for the appellant further submits that the judgement as were pronounced by the Apex Court in Kuldeep Kumar Pathak (supra) as well as in Laxmi Shanker Yadav (Supra), were passed on the basis that there is no regulatory framework available prohibiting two simultaneous degrees. However, as per the aforesaid regulations issued under the Intermediate Education Act as well as the Ordinance available in the website of the University, there is sufficient prohibition that no person can simultaneously obtain two degrees of regular courses as there is a requirement of 75 % attendance prior to appearing in the examination. Therefore, the aforesaid judgement passed by the Apex Court in Kuldeep Kumar Pathak (supra) and Division Bench by this Court in Laxmi Shanker Yadav (Supra), are not the good law as the same were passed in ignorance of the aforesaid regulatory framework available on record.

25. A similar view has taken by the Division Bench of this Court in Special Appeal 37 of 2022 (The Basic Education Board, U.P. Prayagraj and Another vs. Laxmi Shankar Yadav on 19.11.2022 wherein this Court has observed as under:-

"...............10. Having perused the record and considered the rival submissions, we may observe that no doubt it may appear improbable as to how a person could obtain two degrees simultaneously but that cannot be taken as a ground to annul both the degrees. There has to be an exercise to annul either one or both the degrees on the basis of material collected, after giving opportunity of hearing to the holder of such a degree. Such an exercise has to be on case to case basis. Here, what is important is that neither the B.A. degree obtained from Awadh University, Faizabad, nor the Shastri degree obtained from Sampurnanand Sanskrit Vishwavidyalaya, has been cancelled. Importantly, the petitioner had sought appointment by relying on the Shastri degree and on the basis of the marks obtained therein the petitioner was placed in the select list and was ultimately selected and appointed. At this stage, it be noticed that the learned single Judge has returned a specific finding that the opposite party counsel could not place any regulation/ statutory enactment or even an order having statutory flavour to demonstrate that obtaining of two degrees simultaneously is prohibited. The learned standing counsel despite our request could not demonstrate that the said finding is incorrect.The U.G.C. clarificatory letter dated 15th January, 2016 on which the appellant has placed reliance only deprecates obtaining of two degrees simultaneously, but it does not mandate the University to annul the degree so obtained. In so far the clarificatory letter dated 4th December, 2020 is concerned that also does not mandate the authorities to cancel the candidature of a candidate who has set up such degrees but requires a case to case examination. In the instant case, the petitioner has set up Shastri degree obtained from Sampurnanand Sanskrit Vishwavidyalaya, Varanasi for the purposes of selection in the recruitment process undertaken by the appellants. This degree has admittedly not been cancelled. In our view, therefore, unless the professed qualification is annulled or is found in the teeth of statutory regulation or order, rendering the same ineffective or null, it would not be permissible to overlook or discard the same. "

30. In view of the aforesaid Regulations, 2003, no person could have been able to obtain two parallel simultaneous degrees in the same session from different institutions as he/she will be lacking 75% attendance in either of the courses as both cannot be attended by the same person with 75% attendance, as required under the guidelines.

31. On 15.01.2016, the U.G.C. has issued a clarification on allowing the students to pursue two degrees simultaneously, which reads as under:

"विश्वविद्यालय अनुदान आयोग University Grants Commission (मानव संसाधन विकास मंत्रालय, भारत सरकार) (Ministry of Human Resource Development, Govt. of India) बहादुरशाह ज़फ़र मार्ग, नई दिल्ली-110002 Bahadur Shah Zafar Marg, New Delhi-110002 Ph: 011-23239337, 23236288, Fax: 011-23238858, email: jssandhu.ugc(@nic.in 15th January 2016 F. No.: 1-6/2007(CPP-II) PUBLIC NOTICE SUBJECT: CLARIFICATION ON ALLOWING STUDENTS TO PURSUE TWO DEGREES SIMULTANEOUSLY. The Commission had sought the comments of the Statutory Councils. The responses, so far, received do not endorse the idea of allowing the students to pursue two degree simultaneously. Therefore, the universities shall conduct their programmes in accordance with the First Degree and Master Degree Regulations, 2003 prescribed by the UGC and also follow the norms and parameters prescribed by the Statutory Council concerned, wherever relevant. (Jaspal S. Sandhu) Secretary"