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Showing contexts for: two degrees simultaneously in Shyam Sunder Patidar vs The State Of Madhya Pradesh on 14 September, 2021Matching Fragments
15. A reference is made to the University Grant Commission (UGC) meeting dated 29-10-2012, which took the decision that a student enrolled in a Degree programme under regular mode, may be allowed to pursue a maximum of one additional Degree Programme simultaneously, under Open/Distance Learning mode from the same or a different University. But, they did not allow two Degree programmes under regular mode. Thereafter, the UGC issued a public notice dated 15-01-2016 to the effect that they do not endorse the idea of allowing the students to pursue two Degrees simultaneously. Thereafter, a Press statement was also issued by the Secretary, UGC, which was published in the Times of India newspaper on 30-6-2020, stating that a decision has been taken to allow the students to pursue two Degrees simultaneously, but for both Degrees the mode of delivery will be different. A student pursuing a regular degree can pursue a second degree only via Open Distance Learning (ODL) or Oneline mode.
19. In the Recruitment Rules 2018 for educational qualifications the word "Degree" has been specifically mentioned. The Degree which is issued by the University can be said as valid degree when it fulfils the terms and conditions and guidelines issued by the UGC, which is a Regulatory Authority. Obtaining a valid degree for recruitment is inclusive in the educational qualification prescribed under Rules 2018. The UGC has issued a public notice on 15-01-2016 stating that they do not endorse an idea of allowing the students to pursue two Degrees simultaneously. Therefore, two Degrees obtained by the petitioner simultaneously, cannot be said as valid degree and the petitioner cannot be declared qualified for appointment on the post in question, on the basis of invalid degree. It is argued that by the impugned order dated 23-6-2020 the respondents have not prescribed any disqualification.
Reliance has been placed in Clause 23 of the M.P. General Clauses Act, 1957 contending that the disqualification debarring the candidates, who have secured two Degrees simultaneously, in the same academic year, has to be notified in the Official Gazette.
(ii) The Rules 2018 does not provide any such disqualification of the candidate or his candidature on the ground that the candidate is possessing two degrees simultaneously, in one academic session.
29. In the Recruitment Rules 2018, for educational qualification, the word "Degree" has been specifically mentioned. The Degree which is issued by the University can be said as a valid degree when it fulfils the terms, conditions and guidelines issued by the UGC, which is a Regulatory Authority. Obtaining a valid degree for recruitment is inclusive in the educational qualification as prescribed under the Rules 2018.
30. The UGC has issued a public notice on 15-01-2016 stating that they do not endorse the idea, allowing the students to pursue two Degrees simultaneously. Since, the UGC which is a Regulatory Authority, has not approved the idea, allowing the students to pursue two Degrees simultaneously, therefore, two Degrees obtained by the petitioners simultaneously, cannot be said to be valid and the petitioners cannot be declared qualified for appointment on the post in question, on the basis of invalid degrees. It cannot be inferred that the respondents have prescribed a new disqualification by the impugned order dated 23-6-2020. In fact, the said order is clarificatory in nature and does not run contrary to the Rules 2018 or the Booklet of the Professional Examination Board.