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Himachal Pradesh High Court · body

2010 DIGILAW 374 (HP)

Gurdial Singh v. State Of H. P.

2010-03-02

KULDIP SINGH

body2010
JUDGMENT : Kuldip Singh, J. The petitioner by way of present petition has prayed for quashing of Annexure A-13 dated 18.12.2007 and a direction to respondents to enter B.A. degree of the petitioner in the service record. 2. The case of the petitioner is that he is working as Inspector. He represented to the Superintendent of Police, Solan on 7.2.2005 for granting him permission to appear in examination. On 17.5.2005, the Superintendent of Police, Solan granted permission to the petitioner to appear in B.A. III examination from the Institute of Advance Studies in Education, a Deemed University, Gandhi Vidya Mandir, Sardarshahr, Rajasthan (for short Institute) and passed the examination. 3. The Superintendent of Police, Solan had written letter to Registrar of Himachal Pradesh University seeking clarification regarding validity of the Institute. The Himachal Pradesh University vide letter dated 7.3.2006 intimated the Superintendent of Police, Solan that the Institute is not in the equivalence list of the Himachal Pradesh University nor its degree is equivalent to any degree of Himachal Pradesh University for the purpose of admission to next higher class/course on reciprocal basis. 4. The Superintendent of Police, Solan directed the petitioner to seek clarification from the Institute. The Registrar of the Institute after receiving the representation from the petitioner had sent a copy to the Incharge (Academics), Himachal Pradesh University on 28.2.2007 with the endorsement to the petitioner. The Registrar of the Institute had also enclosed a copy of the University Grants Commission in which the Institute was granted a status of Deemed University. 5. The petitioner thereafter submitted a representation dated 14.4. 2007 Annexure A-9 to the Superintendent of Police, Solan to supply suitable information after reconciling the whole case. The Superintendent of Police, Solan forwarded the representation of the petitioner to Director General of Police vide Annexure A-12 which was rejected vide Annexure A-13 dated 18.12.2007. It has been submitted on behalf of the petitioner that respondent No.2 has erred in rejecting the representation vide Annexure A-13 dated 18.12.2007. The equivalence of degree for the purpose of academics is different and has nothing to do with the validity of degree of a University established by law in India. 6. It has been submitted on behalf of the petitioner that respondent No.2 has erred in rejecting the representation vide Annexure A-13 dated 18.12.2007. The equivalence of degree for the purpose of academics is different and has nothing to do with the validity of degree of a University established by law in India. 6. The petition has been contested by the respondents by filing reply in which preliminary submission has been made that the representation of the petitioner was rejected after obtaining the clarification from H.P.University and Department of Higher Education, Government of Himachal Pradesh, who are necessary parties. On merits, it has again been reiterated that representation of the petitioner was rejected after obtaining clarification from Himachal Pradesh University as well as from Education Department. The degree obtained by the petitioner from the Institute is neither appearing in the equivalence list of the H.P.University nor its degree is equivalent to any degree of Himachal Pradesh University as intimated by the authorities of the Himachal Pradesh University. The action of the respondents is legal. The petitioner has no case for entering the degree of B.A. in the seniority list and his service record. The petitioner had filed a rejoinder in which he has reiterated the stand taken by him in the petition. 7. The Section 3 of the University Grants Commission Act, 1956 provides that the Central Government may, on the advice of the Commission, declare, by notification in the official gazette that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of the said Act and on such a declaration being made, all the provisions of the said Act shall apply to such institution as if it were a University within the meaning of clause (f) of Section 2. Clause (f) of Section 2 defines University. The notification dated 25.6.2002 which is an enclosure of Annexure A-7 provides that the Central Government, on the advice of the University Grants Commission, declared the Institute of Advanced Studies in Education of Gandhi Vidya Mandir, Sardarshahr, Rajasthan as Deemed University for the purpose of Section 3 of the University Grants Commission Act, 1956. 8. The respondents have not denied that the Institute is not a Deemed University. 8. The respondents have not denied that the Institute is not a Deemed University. Thus, there is no ambiguity that Institute of Advance Studies in Education, Gandhi Vidya Mandir, Sardarshahr, Rajasthan is not a Deemed University under the University Grants Commission Act, 1956. The respondent No.2 in Annexure A-13 itself has observed that the validity of any degree/diploma of other University is not determined by the University, only the equivalence of the course of other University is decided by the Himachal Pradesh University for the purpose of higher studies. The purpose of entering of B.A. III examination passed by the petitioner from the Institute is to record entry in the service record of the petitioner that petitioner possesses B.A. qualification and nothing more. 9. In Dr. B.L. Asawa v. State of Rajasthan and others, AIR 1982 Supreme Court 933, the Post Graduate Degree of the appellant obtained from the University of Bihar at Muzaffarpur was considered for the purpose of employment in Rajasthan. The Supreme Court has held that a Post-graduate Medical Degree granted by a University duly established by statute in this country and which has also been recognised by the Indian Medical Council by inclusion to the Schedule of the Medical Council Act has ipso facto to be regarded, accepted and treated as valid throughout our country. In the 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 qualification for the purpose of appointment to any post in such a state. 10. The petitioner is insisting entry of B.A. qualification in his service record on the basis of B.A. degree obtained by him from the Institute. The purpose of entry of B.A. qualification in the service record is for service of the petitioner. It is not the case of the respondents that there is a statutory bar that B.A. degree of the Institute is not a valid degree for the purpose of appointment in Himachal Pradesh. Therefore, respondent No.2 has erred in rejecting the representation of the petitioner vide Annexure A-13 dated 18.12.2007 for entering in the service record of the petitioner that he has B.A. degree from the Institute of Advance Studies in Education, a Deemed University, Gandhi Vidya Mandir, Sardarshahr, Rajasthan. 11. Therefore, respondent No.2 has erred in rejecting the representation of the petitioner vide Annexure A-13 dated 18.12.2007 for entering in the service record of the petitioner that he has B.A. degree from the Institute of Advance Studies in Education, a Deemed University, Gandhi Vidya Mandir, Sardarshahr, Rajasthan. 11. In view of above discussion, the petition is allowed, Annexure A-13 dated 18.12.2007 is quashed. The respondents No.1 and 2 are directed to enter in the service record of the petitioner immediately that the petitioner has B.A. qualification from the Institute of Advance Studies in Education, a Deemed University, Gandhi Vidya Mandir, Sardarshahr-331401, Rajasthan on the basis of statement of marks dated 27.7.2006 Annexure A-4. No costs.