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-10- 2025:HHC:17849 other words, simple case of respondent-Commission is that it was only subsequent to the issuance of the Guidelines in April, 2022, that a student has been allowed to pursue two academic programmes, one in full time Physical mode and another through Open/Distance Learning mode. The petitioners having pursued & obtained two simultaneous degrees, one in Physical mode and other through Private/Distance Learning mode, prior to the issuance of UGC Guidelines of April 2022, cannot get any benefit of these Guidelines and these degrees cannot be treated as valid.

-12- 2025:HHC:17849 that prohibits a student from pursuing two degree courses simultaneously, one full time through physical mode and the other through private/distance mode.

Respondent-Commission's not accepting petitioners' degrees and consequently, rejecting their candidature on the basis of Clause 5 of the UGC Guidelines, 2022, which were admittedly not even notified at the relevant time, is not justified.

As per the above Clause:- No student shall be allowed to join two full time regular degree courses of study

-17- 2025:HHC:17849 simultaneously. A student shall be allowed to join specified certificates/ diplomas/ postgraduate diploma/ advanced postgraduate diploma courses, along with regular courses including Ph.D; Students will be allowed to join two degree courses through ICDEOL.

Interpretation of above clause is bone of contention between the parties. According to the petitioners, the above clause does not bar a student from pursuing a regular degree course through physical mode along with a course through Private/Distance mode, whereas, according to learned counsel for the intervener, regular degree course remains the same, irrespective of a candidate pursuing it through regular (Physical)/Private/Distance mode; It's the mode of pursuing that changes and not the nature of course, which remains regular; Therefore, Clause 3.3(a) will bar a candidate from pursuing not only two regular degree courses simultaneously but also a regular degree course through regular mode together with a regular degree course through private/distance mode; Two simultaneous degree courses can be pursued under the aforesaid clause only through ICDEOL/Distance Learning mode.

-27- 2025:HHC:17849 In Himanshi Yadav vs. State of U.P. & Ors.7, respondents had disqualified the petitioner from appointment having pursued two degree courses simultaneously as a regular student. It was held that in absence of any statutory provision prohibiting pursuing two degree courses simultaneously, he cannot be held ineligible for appointment. Relevant portion of the decision is as under:-

"20. The perusal of paragraph 16 of the letter dated 18.01.2021 though indicates that a candidate shall become ineligible for the appointment if he had pursued two-degree courses simultaneously as a regular student, but the fact remains that in the absence of any statutory provisions prohibiting the pursuing of two-degree courses simultaneously, can such a condition be imposed by a letter of Director General, School Education and Director of State Project dated 18.01.2021. In the opinion of the Court, the answer to the same is emphatic 'No' for the reason that there is no provision in the law that has been pointed out by the learned Standing Counsel which prohibits a candidate to pursue two courses simultaneously. If there is no statute prohibiting pursuing two courses simultaneously and if there is no illegality attached to pursuing two courses simultaneously and obtaining a degree then a candidate cannot be disqualified on the ground that he has pursued two courses i.e. B.Ed. And B.T.C. Simultaneously. In such view of the fact, this Court finds that paragraph 16 of the letter dated 18.01.2021 is arbitrary and has no nexus with the object sought to be achieved.