Research › Browse › Judgment

Rajasthan High Court · body

1997 DIGILAW 1323 (RAJ)

Kumari Anita Tripathi v. University of Rajasthan

1997-11-10

GYAN SUDHA MISRA

body1997
JUDGMENT 1. - The admission of the petitioner who is a student of M.A. (Prey.) in English subject and has been studying at Kanoria Mahila Mahavidyalaya at Jaipur was cancelled, vide letter dated 21st March, 1997 on the ground that her graduation degree which she has obtained from M.S. University, Tirunelveli, Tamil Nadu is not a university in the category of the universities, whose degree is recognised as per the list of the Rajasthan University. The petitioner was not assigned any reason before such cancellation, but on enquiry, by her parents on her behalf, the reason for such cancellation referred to hereinbefore, was informed to her. 2. The petitioner, therefore, has approached this Court by filing this writ petition contending that on account of the transfer of her father, who is a Central Government employee, she had to study at M.S. University Tirunelveli in the State of Tamil Nadu, which college was established in the memory of Mahanamanism and this university is also a member of the Association of Indian Universities, in proof of which a certificate has also been filed which is Annex. 3. It has also been stated that the college has been recognised by the University Grants Commission also. A Bench of this court, therefore, having been prima facie, satisfied with the submission of the petitioner, permitted her to appear in the M.A. (Prey.) English examination which was to be held from 29th April 1997 by the Rajasthan University. The petitioner accordingly took the M.A. (Prey.) English examination, but her result has been with- held on account of pendency of this writ petition. 3. Shri Subhash Jain, appearing on behalf of the University of Rajasthan has reiterated the stand of the Rajasthan University as already stated to the effect that the M.S. University, Tirunelveli does not find place in the list of those colleges which are recognised by the University of Rajasthan so as to allow the students of an unrecognized university to pursue her statutes further in the Rajasthan University. 4. However, this cannot be allowed to be a reason, sufficient and weighty enough for cancelling the petitioner's admission in M.A.(Prev.) without assigning any reason and without verifying the status of the graduation degree from the M.S. University, Tiruneleveli. 4. However, this cannot be allowed to be a reason, sufficient and weighty enough for cancelling the petitioner's admission in M.A.(Prev.) without assigning any reason and without verifying the status of the graduation degree from the M.S. University, Tiruneleveli. Before cancelling such degree, the respondent-University in my opinion, was duty bound to examine the legal status of the university, or could have referred the matter to the Academic Council of the University of Rajasthan as laid down in clause (vii) of Section 23A of the University of Rajasthan Act, specially when the petitioner had already been allowed admission and had also studied for one whole year and just on the verga of her examination, her admission was cancelled without assigning any reason, challenging the action of the respondent-University. Shri Rastogi on behalf of the petitioner, has also relied on a judgment of the Apex Court reported in AIR 1982 SC 933 wherein the M.D. Degree of the Bihar University in Forensic Medicine was not recognised by the University of Rajasthan as a result of which the petitioner in the said case suffered and challenged it. Their Lordships in the said case, had been pleased to hold that a Postgraduate Medical Degree granted by a University duly established by Statute in India and which has also been recognised by the Indian Medical council by its inclusion to the Schedule of the Medical Council Act ipso facto has to be regarded, accepted and treated as valid throughout our country and in absence of any express provision to the contrary, such a degree does not require to be specifically recognised by other universities in any State in India before it can be accepted as a valid degree. A somewhat similar situation crops up in this case too, for the degree obtained from the M.S. University, Tiruneleveli which has duly been recognised in the State of Tamil Nadu as also the University Grants Commission could not possibly be declared de recognised by the University of Rajasthan in absence of any material that the graduation degree obtained from the said University suffers from any legal infirmity. In fact it was the duty of the University at the time of the admission of the petitioner to consult the Academic Council of the Rajasthan University before granting her admission in case it had any reservation about the status of the degree. In fact it was the duty of the University at the time of the admission of the petitioner to consult the Academic Council of the Rajasthan University before granting her admission in case it had any reservation about the status of the degree. Moreover, when the petitioner already has undergone the course for one of the two years course, it was all the more essential for the University of Rajasthan to apply its mind regarding the status of the degree, before cancelling the petitioner's admission and even if it had chosen not to treat the degree of M.S. University as valid degree, the same could not have been done without ascertaining it from the U.G.C. or the Syndicate of the Rajasthan University. A degree recognised in a particular State normally cannot be de recognised by another State provided the degree of such university is not recognised by a Central Body or by the U.G.C. which view stands fully fortified by the judgment of the Apex Court referred to hereinbefore. 5. For the reasons assigned hereinabove, the respondents are directed to declare the result of the petitioner in a formal manner within a period of 10 days from today and formally declare the result of the petitioner (which has already been declared to this court and the petitioner has been declared pass) within a period of 10 days from today and thereafter she will be entitled to admission in Part- II of M.A. English course. The writ petition accordingly stands allowed but without costs.Writ petition allowed. *******