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1 - 9 of 9 (0.29 seconds)Article 21A in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
The Indira Gandhi National Open University Act, 1985
Karamjeet Kaur vs State Of Punjab & Another on 6 June, 2019
16. Even otherwise the said arguments looses its vigor on the
trite factum, that in various writ petition(s) i.e. LPA No.465, 503, 521
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LPA-1843-2019 and connected cases -18-
and 529 of 2021) the University Grants Commission, was impleaded as
a party and after notice being issued to the University Grants
Commission, though an appearance was made on behalf of the
University Grants Commission, but yet subsequently no reply to the
averments made in the writ petition become furnished by the UGC.
Moreover, no appeal till date has been preferred by the UGC against the
decision passed by this Court in Karamjeet Kaur's case (supra),
wherebys, conclusivity is acquired to the said verdict, especially
appertaining to the recognition of degrees obtained by the employees
concerned but with prescription therein of a cut off date, prescription
whereof for reasons assigned hereafter is untenable.
Orissa Lift Irrigation Corp.Ltd. vs Rabi Sankar Patro on 3 November, 2017
(xi) It is clarified for all purposes, that the candidates whose
degree will stand invalidated in view of the parameters mentioned above, all
benefits secured by such candidates/ employees shall stand withdrawn,
however if any monetary benefit has been drawn such as salary etc. the same
shall not be recovered. In such cases the employees /candidates will be at the
liberty to take appropriate action, as available under law, so as to recover the
amount paid towards tuition fees, expenditure incurred, damages etc. etc.
from the University/ Institution concerned. The above said direction is being
given on the lines of directions, in similar situation issued by the Hon'ble
Supreme Court of India in paragraph 53 (vii) of the judgment reported as
2017 (4) SCT 683: 2017 AIR (SC) 5179 titled as Orissa Lift Irrigation Corp.
Ltd V. Rabi Sankar Patro.
M.P. State Coop. Bank Ltd., Bhopal vs Nanuram Yadav & Ors on 25 September, 2007
(b) In a situation where the graduation or post-graduation
has been attained through distance education mode and higher qualification
has been attained through normal mode/conventional mode but his
graduation or postgraduation degree attained through distance education
mode stands invalidated in view of the aforesaid parameters, then the higher
qualification attained on the basis of the degree so invalidated will also stand
invalidated, as illegality at the original/ foundation stage being a nullity
cannot be cured by subsequent acquisition of valid higher degree based upon
such invalid degree. It is well settled that in case of foundation being a nullity
the whole edifice constructed thereupon has to fall. This view finds support
from the law laid down by the Hon'ble Apex Court in the case of M.P. State
Coop. Bank Ltd., Bhopal v. Nanuram Yadav 2007 (4) SCT 464 and by this
Court in Jagir Singh v. State of Haryana reported as 2006 (7) SCT 386.
Jagir Singh And Anr. vs State Of Haryana And Anr. on 14 September, 2006
(c) Needless to say, that in case where candidate has
obtained a degree by attending the PCPs and has undertaken exams in the
main campus or within the State where the University (as defined under
Section 2 (f) and Section 3 of UGC Act) is situated, in that case their degree
shall be valid, as no question of territorial jurisdiction arises. This is subject
to the University, having recognition to impart education in such field (at the
time of institutional recognition, MOA/Statutes of University permits
imparting education in such field and at the time of programme-wise
recognition such course had been permitted)."
Section 3 in The University Grants Commission Act, 1956 [Entire Act]
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