Kulwinder Pal v. Guru Nanak Dev University, Amritsar
2007-11-16
ADARSH KUMAR GOEL, AJAI LAMBA
body2007
DigiLaw.ai
Judgment , J. 1. This petition seeks quashing of orders dated 14.5 2007 and 30.10 2007, Annexures P.10 and P.15 respectively, whereby the University declined to approve the appointment of the petitioner to respondent No. 4 College. 2. Case of the petitioner is that he passed B.Sc., B.Ed. and M.Sc. from the Guru Nanak Dev University. He was eligible for admission to the Master of Education M.Ed. He pursued that course through Distant Education Programme of the Jammu University and passed the same in May 2004. He also passed National Eligibility Test (NET) conducted by the UGC for Lecturership and thus, became eligible for the post of Lecturer in the Universities/Institutions throughout India. A post of Lecturer in Physical Science was advertised by respondent No. 4 College on 3.10.2006 for which qualification mentioned was as per DPI (C) Punjab/GNDU Amritsar/UGC/NCTE norms. The petitioner was eligible and applied for the same. He was called for interview by the Selection Committee and was selected on 18.11.2006. He was given appointment on 29.11.2006 but the University rejected the appointment vide letter dated 11.5.2007 on the ground that M.Ed. degree was a necessary qualification but the said degree by Distant Education Programme could not be recognised. Services of the petitioner were, thus terminated on 14.6.2007. 3. It has been further submitted that the University has ranted approval to similarly situated persons. The petitioner Filed CWP No. 10786 of 2007, which was disposed of by this Court on 23.8.2007 with a direction to pass a speaking order. Vide order dated 30.10.2007, Annexure P.15, speaking order has been passed against the petitioner. 4. We have perused orders Annexures P.10. and P.15. We will refer to order Annexure P.15, which is a speaking order. It has been held therein as under "......The M.Ed. examination under Distance Education of the University of Jammu is more in the nature of Correspondence Courses with limited personal contact programme and practical input. As per University rules the Academic Council is the competent body to recognize Diplomas and Degrees of other Universities as equivalent to the corresponding Diplomas and Degrees of the Guru Nanak Dev University, Amritsar. The Academic council at its meeting held on 31.1.2006 did not approve the recognition of M.Ed. degree under Distance Education of University of Jammu as equivalent to the regular M.Ed. Degree of this University. The Guru Nanak Dev University, Amritsar runs M.Ed.
The Academic council at its meeting held on 31.1.2006 did not approve the recognition of M.Ed. degree under Distance Education of University of Jammu as equivalent to the regular M.Ed. Degree of this University. The Guru Nanak Dev University, Amritsar runs M.Ed. course under regular mode only. The NOTE in its letter dated May 31, 2007 has intimated that persons who have obtained Degrees from institutions recognised by the govt. of Jammu and Kashmir/UGC would be eligible for employment in Central Govt. and other States and further that as the NCTE Act does not cover the issue of admission and instructions for higher qualification, the eligibility of persons with Degrees from institutions in Jammu and Kashmir will not be governed by the provisions of NCTE Act but by the relevant Taws/rules/regulations of the respective State/Universities. Since the GNDU is a University created by the Act of the legislature, it has its own rules and regulation regarding recognition of Degrees/Certificates of other Universities. The Degree of M.Ed. under Distance Education has not been recognized by the Academic council i.e., the competent body as equivalent to the corresponding Degree of this University. The decision is applicable both in the case of admission to higher class as well as employment in a College affiliated to this University. Miss Minakshi Vig had joined service long time ago and the Syndicate at its meeting on 15.3.2004 only allowed year to do Ph.D on the basis of M.Ed. Distance Education from the University of Jammu with a clear stipulation that it will have no implication whatsoever regarding recognition of this degree." 5. We have heard learned counsel for the petitioner. 6. Contentions raised by the learned counsel for the petitioner are that since the petitioner passed the NET from the UGC and appointment of another person was approved, he should be treated as qualified. As per letter of the National Council for Teachers Education (NOTE), degrees issued by the Institutions, recognised by J&K, were valid. 7. We do not find any merit in the contention raised. 8. The Vice Chancellor has clearly held that correspondence course conducted by the Jammu University was not approved as equivalent to the Correspondence course of the Guru Nanak Dev University, by the Academic Council, at its meeting held on 31.1.2006. 9.
7. We do not find any merit in the contention raised. 8. The Vice Chancellor has clearly held that correspondence course conducted by the Jammu University was not approved as equivalent to the Correspondence course of the Guru Nanak Dev University, by the Academic Council, at its meeting held on 31.1.2006. 9. In Kurmanchal Institute of Degree and Diploma v. Chancellor, M.J.P. Rohilkhand University, (2007)6 SCC 35 : [2007(4) SLR 601 (SC], the Honble Supreme Court held that study centres require close supervision of a University and the same could not be established beyond the territorial jurisdiction of the University for Distance Education Programme. The UGC Regulations, 1985 for study centres being subordinate legislation had to be read with the principal Act. The University has to operate within the boundaries of a territory as per its statute. 10. In the present case, the petitioner studies at Pathankot outside the territory of the Jammu University through some study centre, as stated by the learned counsel for the petitioner. 11. In view of above, we do not find any ground to interfere with the refusal of the University to recognise the degree obtained by Distance Education Programme when the petitioner never actually studied within the territorial jurisdiction of the University from which the degree was obtained. 12. The petition is dismissed. Petition dismissed.