Research › Search › Judgment

J&K High Court · body

2007 DIGILAW 135 (JK)

Romit Kumar v. State Of J. &K.

2007-07-26

Y.P.NARGOTRA

body2007
1. By this common order both the writ petitions are being disposed of as identical facts and point of law are involved in both the cases. 2. Petitioner No.1 Romit Kumar in OWP No. 421/2006 after undergoing Bachelor of Computer Application Course in KAWA Institute of Management and Technology, a study center established in Jammu by Makhan Lal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal, which is a statutory University established by an Act of Madhya Pradesh State Legislature and listed at page 655 of the Universities Hand-book- 2000, obtained the BCA (Graduation) Degree in June 2004 issued by the said University. Likewise, other petitioners after undergoing courses in similarly established study centers too have obtained graduation degrees issued by the said University in June 2004 and June 2005. 3. It is not in dispute that the said University has issued BCA Degrees in favour of petitioners in June, 2004 and June, 2005. 4. The University of Jammu invited application forms from the eligible candidates for appearing in the Common Entrance Test to be conducted for admission to MCA and MBA Courses. The basic qualification required for admission to the courses of MCA and MBA being BCA Degree, the petitioners applied. Their application forms for appearance in Common Entrance Test, however, were rejected by the University on the ground that their degrees were not from the institutes recognized by the University of Jammu. 5. Being aggrieved of the rejection of their application forms and denial of admission for appearance in the Common Entrance Test, the petitioners filed the present writ petitions for seeking a direction to the respondents to allow them to appear in the entrance examination. On 7-6-2006, while putting the respondents on notice, by way of interim direction the University was directed to accept the forms of petitioners on their own risk and responsibility. Thereafter by order dated 7.7.2006 the respondent-University was further directed to allow the petitioners to appear in the entrance examination, with a rider that their result shall not be declared till further orders from the Court. 6. Consequently, the petitioners appeared in the entrance examination and their results have also been declared. Out of the petitioners, only petitioner No.1 Romit Kumar in OWP No.421/2006 has been able to make grade and, therefore, was given admission in Ist Semester of the MCA Course. 6. Consequently, the petitioners appeared in the entrance examination and their results have also been declared. Out of the petitioners, only petitioner No.1 Romit Kumar in OWP No.421/2006 has been able to make grade and, therefore, was given admission in Ist Semester of the MCA Course. It is also not disputed that after undergoing the studies he appeared in the examination of Ist Semester and has been declared successful. Now he is undergoing his studies in the second semester and in order to appear in the second semester examination he has filed a CMP for seeking a direction to the University for allowing him to appear in the said examination. 7. As writ petitioners No.2 to 5 have not been able to make the grade in the entrance examination, therefore, the learned counsel for petitioners has made a statement at bar that he does not want to press the writ petition on their behalf. Accordingly, the writ petition filed on behalf of petitioners No.2 to 5 shall stand dismissed as not pressed. 8. So far as petitioner No.1 Romit Kumar is concerned, the contention of learned counsel for petitioner is that Makhan Lal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal is the University from which petitioner No.1 obtained the BCA Degree after undergoing the studies imparted by its franchise in its study institute at Jammu, i.e., KAWA Institute of Management and Technology. The said University is a statutory University created by the Act of the Legislature of Madhya Pradesh, and as per Chapter-V of the Association of Study Institutes Bulletin, 2005 issued by the said University in terms of clause 5.1, the University stands empowered under the Madhya Pradesh Makhan Lal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Sansthan Abhiniyam, 1990, to establish such special centers, specialized study centers or other units for research and instruction as are in the opinion of the Sansthan, necessary for the furtherance of its objects. 9. Mr. Lehar, learned counsel for petitioner No.1, submits that in exercise of the above such powers, the said University has opened KAWA Institute of Management and Technology at Jammu, in which petitioner No.1 has undergone the course of BCA and after completing the same has been awarded the Degree in June, 2004. 9. Mr. Lehar, learned counsel for petitioner No.1, submits that in exercise of the above such powers, the said University has opened KAWA Institute of Management and Technology at Jammu, in which petitioner No.1 has undergone the course of BCA and after completing the same has been awarded the Degree in June, 2004. He submits that as the petitioner possessed the eligibility criterion, he could not be legally denied the right to appear in the entrance examination and based on the result thereof, to take admission in the MCA Course run by the University of Jammu. 10. The contention of Mr. Thakur, learned counsel appearing for the University is that petitioner No.1 is not entitled to appear in the entrance examination or to take admission in the courses run by the University of Jammu because of the reason that he has obtained the Bachelor Degree from a University outside the State, through a course run by a Study Centre/Franchise in the State, in view of the notification issued by the University pursuant to the Resolution of the Standing Committee of Academic Council dated 5.9.2005. In the said resolution it was resolved as follows:-- "Resolved that recognition to the bachelor of Computer Application examination through Kawa Institute of Management and Technology of Makhan Lal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal be not recognized. "Resolved further that any course run by Study Centre/Franchises of any University in the Country except IGNOU be not recognized and a notification to this effect be circulated to all concerned to take necessary action accordingly." 11. Pursuant to the above resolution, Notification dated 5-10-2005 has been issued, whereby it has been notified for the information that any course run by the Study Centre/Franchise of any University in the Country except by IGNOU be not recognized. 12. According to Mr. Thakur, as the degrees of Chaturvedi University of Bhopal were not being recognized by Jammu University, therefore, the petitioners application form was rightly rejected. 13. The University of Jammu is the creation of Kashmir and Jammu Universities Act. Section 8 of the said Act provides:-- "8. 12. According to Mr. Thakur, as the degrees of Chaturvedi University of Bhopal were not being recognized by Jammu University, therefore, the petitioners application form was rightly rejected. 13. The University of Jammu is the creation of Kashmir and Jammu Universities Act. Section 8 of the said Act provides:-- "8. Admission restricted to educational institutions in the State Notwithstanding any thing in any law for the time being in force, no educational institution outside the State territories shall be associated with or admitted to any privileges of a university under this Act nor shall any Educational Institution within the State be associated in any way with or be admitted to any privileges of any other University in corroborated by law outside the State. Provided that the Chancellor may be order in writing direct that the provisions of this section shall not apply in the case of any institution specified in the order." 14. From the bare reading of above provisions, it is manifest that unless the Chancellor of the University by order in writing directed that the provisions of the section shall not apply in the case of any institution specified in the order, no educational institution outside the State territories shall be entitled to any privileges of a University under this Act; meaning thereby that no privileges would be claimable by any person on the basis of a degree issued by an educational institution outside the State for the purposes of admission in the educational institutions run by the universities created under the Act, which includes the University of Jammu. 15. It is not disputed that the Chancellor in exercise of the powers vested in him by the proviso to Section-8 has not issued any order in writing for exempting the Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal, from which petitioner No.1 has obtained the degree, from the purview of Section-8 until the notification dated 5.10.2005 pursuant to the resolution passed by the Standing Committee of Academic Council dated 5.9.2005 came to be issued. Therefore, no privilege could be claimed by any person for the purpose of admission into the educational institutions in the State on the basis of degrees obtained from Chaturvedi University. Despite the above position, Mr. Therefore, no privilege could be claimed by any person for the purpose of admission into the educational institutions in the State on the basis of degrees obtained from Chaturvedi University. Despite the above position, Mr. D. S. Thakur, learned counsel for University conceded that the University of Jammu has been according admissions to the candidates possessing the graduation degrees from Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal, in various courses run by the University of Jammu. He also does not dispute the Circular/Notification No.06/July/56 dated 19.7.2006, whereby it has been provided as follows: "Based on the recommendations of the Standing Committee of the Academic Council at its meeting held on 10.5.2006 and in anticipation of the approval of the Competent authority, the Vice Chancellor is pleased to authorize grant of recognition to the courses of those Universities only which are recognized by the University Grants Commission and are the members of the Association of Indian Universities, New Delhi as equivalent to the Corresponding courses of this University on reciprocal basis." 16. In view of the above notification, admittedly, the Chaturvedi University being duly recognized by the University Grants Commission and being the Member of Indian Universities, New Delhi has become a recognized University and, therefore, the degrees issued by the Chaturvedi University have become recognized for the purposes of admission in the educational institutions of the State/University of Jammu. 17. Admittedly, petitioner No.1 possesses the degree issued by the Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal, which in terms of the above notification can be recognized by the University of Jammu for the purposes of admissions. However, the only impediment which can come in the way of recognition of degree of petitioner No.1 for the purposes of admission to MCA Course run by the University of Jammu is the notification dated 5.10.2005, issued pursuant to the resolution of Standing Committee of the Academic Council dated 5.9.2005, already referred to and reproduced. 18. The contention of Mr. Thakur, learned counsel for respondent-University is that in view of the said notification the degree obtained by the petitioner cannot be recognized for the reason that the same has been issued on the basis of petitioners having completed the course run by the Study Centre/Franchise of the University outside the State. However, the contention of Mr. The contention of Mr. Thakur, learned counsel for respondent-University is that in view of the said notification the degree obtained by the petitioner cannot be recognized for the reason that the same has been issued on the basis of petitioners having completed the course run by the Study Centre/Franchise of the University outside the State. However, the contention of Mr. Lehar, learned counsel for petitioner is that the said notification dated 5.10.2005 cannot come in the way of petitioner No.1 as it was not in force at the time when he was awarded the degree. He submits that petitioner No.1 was awarded graduation degree on 5.4.2004 when the notification dated 5.10.2005 was not in existence. There is merit in the contention of Mr. Lehar. The notification dated 5.10.2005 is prospective in nature, therefore, cannot affect the rights which stood already vested in a person prior to its issuance. On 5.4.2004 there was no such bar to the recognition of the degrees contemplated by the notification dated 5.10.2005. Therefore, in view of notification dated 19.7.2006 issued by the University of Jammu the degree issued by the Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal is deemed to be valid for the purposes of admission to the educational institutions in the State or in the courses run by the University of Jammu. The notification dated 5.10.2005 being prospective in nature can not come in the way of those candidates who have obtained degrees from the Chaturvedi University prior to the date of notification dated 5.10.2005. The respondent-University, therefore, could not have legally rejected the application of petitioner Romit Kumar for appearing in the entrance examination and consequent admission in the MCA Course run by the University. 19. In view of the above, the writ petition of petitioner Romit Kumar is allowed and the respondent-University is directed to regularize the admission of petitioner No.1 in the MCA Course and allow him to appear in the second semester and subsequent semesters, if any, as well. Connected CMP shall also stand disposed of. 20. In OWP No.9/2006 the petitioner Vikas Sharma after studying in KAWA Institute of Management and Technology, like the petitioner Romit Kumar in OWP No.421/2006, obtained the graduation degree in Bachelor of Computer Application from Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal. He too on the prescribed format sought permission to appear in the entrance examination to be conducted for the session 2005-06. He too on the prescribed format sought permission to appear in the entrance examination to be conducted for the session 2005-06. He was allowed to participate in the entrance examination by the University of Jammu and on the basis of his merit position in the entrance test was granted admission to MCA Course for the session 2005-06 in the month of August 2005. However, during the examination of the record by the Admission Committee it was revealed that the petitioner has passed his degree of BCA from Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal, through its franchise, namely KAWA Institute of Management and Technology at Jammu. So his admission was made provisional and the issue with regard to the recognition of BCA degree of petitioner was placed before the Standing Committee of Academic Council of the University of Jammu. The Committee in its meeting held on 5.9.2005 passed the resolution, already referred to, while considering the case of petitioner in OWP No.421/2006. In view of the said resolution, the Assistant Registrar (Regn.) vide letter dated 26.12.2005 informed the Principal, Model Institute of Engineering & Technology (MIET) that the petitioner Vikas Sharma was not eligible to be admitted. Pursuant to the said letter, the Principal informed the petitioner about the decision with regard to his eligibility for admission in MCA Course Ist Semester. Apprehending his cancellation of admission pursuant to the above said letters of Assistant Registrar and Principal, the petitioner filed the present writ petition for seeking the quashment of communication of Assistant Registrar as well as of Principal. He also sought quashment of notification dated 5.10.2005 issued by the University pursuant to the resolution of Standing Committee, referred to above. 21. The stand of respondents is identical to the stand taken in OWP No.421/2006. As has been held above that the notification dated 5.10.2005 issued in pursuance of the resolution of the Standing Committee of the Academic Council of University of Jammu cannot render the degree obtained by the candidates from Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal before the issuance of notification invalid, therefore, the admission granted to the petitioner in this writ petition cannot be held to be bad in law for the reasons already given above while considering the case of Romit Kumar in OWP No.421/2006. This writ petition as well deserves to be allowed. 22. This writ petition as well deserves to be allowed. 22. In view of the above, OWP No.9/2006 is also allowed and the communications of Assistant Registrar (Regn.), University of Jammu as well as of Principal, Model Institute of Engineering & Technology, Jammu shall stand quashed. The respondent-University is directed to regularize the admission of petitioner Vikas Sharma in the MCA Course and allow him to appear in the second semester and subsequent semesters, if any, as well. Connected CMP shall also stand disposed of.