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2011 DIGILAW 331 (ALL)

Charan Singh v. State of U. P. and others

2011-02-10

SUDHIR AGARWAL

body2011
Sudhir Agarwal, J.;- 1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Adarsh Bhushan, learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. Despite time having been granted to learned Standing Counsel on 03.01.2011 and stop order passed on 24.01.2011 neither any response has been shown by respondents nor counter affidavit has been filed. Learned Standing Counsel, however, states that the issue involved is legal one and, therefore, the matter may be heard by the Court on the basis of material available on record. The Court, therefore, proceed to hear the matter finally on the basis of record. 3. Learned counsel for the petitioner contended that the petitioner's degree of B.Sc. (Physical, Health and Sports) obtained from Ch. Charan Singh University, Meerut (hereinafter referred to as the "University") in three years course completed in 2000 is a "Science" degree as treated by University and, therefore, it is not open to respondents to treat it "Arts" degree for considering candidature of petitioner for Special B.T.C. course. He contended that the University being an expert body is in a better position to determine the nature of degree and diploma course as to whether the same is in the field of Science or Arts. Once the University has treated and awarded degree as "Science" degree, it is not open to respondents to take a different view but they have to abide by the decision of the University. He submitted that it is the University's decision which shall prevail and not that of respondents. He placed reliance on Apex Court's decision in Kusum Lata Vs. State of Haryana and others, 2002(6) SCC 343 ; P.M. Bhargava and others Vs. University Grants Commission and another, AIR 2004 SC 3478 ; and Rajbir Singh Balal Vs. Chaudhari Devi Lal University, Sirsa and others, 2008(9) SCC 284 . 4. The question up for consideration before this Court is whether respondents are justified in treating the degree of B.Sc. (Physical, Health and Sports) obtained by petitioner from University as an "Arts" degree or whether they are bound to go by the nomenclature of the said degree given by University and treat it as a "Science" degree. 5. It is no doubt true that in academic matters the Court should ordinarily accept decision of the academic experts and bodies. (Physical, Health and Sports) obtained by petitioner from University as an "Arts" degree or whether they are bound to go by the nomenclature of the said degree given by University and treat it as a "Science" degree. 5. It is no doubt true that in academic matters the Court should ordinarily accept decision of the academic experts and bodies. It is a rule of prudence that the Courts should hesitate to dislodge the decisions of academic bodies but thus far and no more. Where a dispute arose between the two expert bodies as to nature of an academic programme or degree or diploma etc., the matter has to be resolved by the Court and it cannot be argued that in such matters the Court should treat the decision of one academic body final having overriding effect unless such hierarchy or status is conferred by the statute. 6. This Court enquired from Sri Khare, Senior Advocate that the mere nomenclature would be sufficient to decide the nature of degree and despite apparent otherwise reasons if one or more academic bodies disagree with the nomenclature given by one academic body, can it be said that mere nomenclature by one body is sufficient to decide its nature or it is the constituent, substance or ingredients of the course which shall determine the matter, he could not dispute that the later considerations shall prevail and mere nomenclature may not be sufficient. 7. Now the question would be whether the degree obtained by petitioner has rightly been refused to be treated as "Science" degree or not. 8. In advertisement, the respondents have mentioned that B.Sc. (Agriculture) and B.Sc. (Home Science) are Science degrees, the candidates holding said degrees shall be considered under "Science" category. Sri Khare give an illustration if some person has obtained "Engineering degree" like "B. Tech." or "B.E." after Intermediate, and apply for the course in hand, can it be said that he is not holder of "Science" degree since B. Tech. and B.E. as a Science degree is not mentioned in the advertisement. 9. Sri Khare give an illustration if some person has obtained "Engineering degree" like "B. Tech." or "B.E." after Intermediate, and apply for the course in hand, can it be said that he is not holder of "Science" degree since B. Tech. and B.E. as a Science degree is not mentioned in the advertisement. 9. Suffice is to mention that advertisement has been published considering that persons who are already having higher professional qualifications and able to get higher employment may not come for admission to a course resulting in employment on the post of Assistant Teacher only, but the authorities if confronted with such matters, are always competent enough to decide and it is rightly not disputed by Sri Khare that Engineering degree has been and would have to be treated a Science degree by respondents for considering candidature of such persons in Science category for Special B.T.C. course. This submission fortify the fact that respondent-authorities are not acting arbitrarily but examining the matter objectively and with open mind. 10. Admission for Special B.T.C. course is guided by State Council of Educational Research and Training which is an Expert body. It consists of academic experts. The respondents have considered the constituents of degree obtained by petitioner and thereafter have decided to treat it Arts degree. 11. This Court shall consider whether approach of respondents in arriving at such conclusion is arbitrary or not, and if come to the conclusion that the decision is not wholly arbitrary, there is no reason to interfere with the decision of respondents. 12. The petitioner has undergone three years course of B.Sc. (Physical, Health and Sports). The various subjects in which he was examined are shown in the marks sheet, (copies whereof have been filed as Annexures- 18, 19 and 20). The petitioner was examined in the following subjects: First year: 1. Foundation of Physical Education 2. Anatomy & Physiology 3. Theory of Games & Sports:(Track & Field) 4. Theory of Games/Sports:(Gymnastics) 5. Theory of Games & Sports: (Yogas) 6. Speciality of Sports/Games 7. Foundation Course Second year: 1. Health Education, Safty Education, First Aid and Rehabilitation 2. Physiology of Exercise 3. Theory of Games & Sports:(Track & Field) 4. Theory of Games/Sports:(Gymnastics) 5. Theory of Games & Sports: (Any One) (Basket Ball/Hockey/Foot Ball) 6. Theory of Games & Sports Another Any one Game from (Cricket/Hand Ball/Volley Ball) or Vocational Oriented Course 7. Foundation Course Second year: 1. Health Education, Safty Education, First Aid and Rehabilitation 2. Physiology of Exercise 3. Theory of Games & Sports:(Track & Field) 4. Theory of Games/Sports:(Gymnastics) 5. Theory of Games & Sports: (Any One) (Basket Ball/Hockey/Foot Ball) 6. Theory of Games & Sports Another Any one Game from (Cricket/Hand Ball/Volley Ball) or Vocational Oriented Course 7. Foundation Course (Any one) -Environmental Study -Business Society & Government -Population Education & National Health -Indian Constitution Third year: 1. Psychology & Sociology of Physical Education & Sports 2. Fundamentals of Sports Training 3. Kinesiology & Bio-Mechanics 4. Theory of Games and Sports (Track and Field) 5. One Game from Paper Code 303: Badminton/Kabaddi/Weight Lifting 6. Theory of Games and Sports (Sports Specialization) 7. One Game from Paper Code 303 13. Sri Khare submitted that the subject of Anatomy and Physiology in first year, Physiology of Exercise; Health Education, Safty Education, First Aid and Rehabilitation in the second year and Kinesiology and Bio-Mechanics in third year are the subjects which apparently relate to Science and, therefore, degree of petitioner cannot be treated as an "Arts" degree for the purpose of considering petitioner in "Arts category". 14. The word "Anatomy" has been defined in "Chambers Dictionary" at page 48: "Anatomy: n. the are of dissecting any organised body: the science of the structure of the body learned by dissection: a subject for dissection: a skeleton, shrivelled and shrunken body, alive or dead, or mummy: bodily frame or structure." In "The Concise Oxford Dictionary of Current English", eighth edition by R.E. Allen, at page 39: "Anatomy: 1 the science of the bodily structure of animals and plants. 2 this structure. 3 a human body. 4 analysis. 2 this structure. 3 a human body. 4 analysis. 5 the dissection of the human body, animals, or plants." In "The New Lexicon Webster's Dictionary", at page 33: "Anatomy: n. the branch of morphology concerned with the structure of animals or plants : the science of dissection : the structure of an organism." The word "Bio-Mechanics" has been defined in "The Concise Oxford Dictionary of Current English" (supra), at page 110: "Biomechanics: n. the study of the mechanical laws relating to the movement or structure of living organisms." The word "Kinesiology" has been defined in "Chambers Dictionary" (supra), at page 786: "Kinesiology: Scientific study of human movement, relating mechanics and anatomy." In "The Concise Oxford Dictionary of Current English", (supra), at page 651: "Kinesiology: n. the study of the mechanics of body movements." The word "Physiology" has been fined in "Chambers Dictionary" (supra), at page 1097: "Physiology: the science of the process of life in animal and plants." In "The Concise Oxford Dictionary of Current English", (supra), at page 898: "Physiology: 1 the science of the functions of living organisms and their parts. 2 these functions." In "The New Lexicon Webster's Dictionary" (supra), at page 758: "Physiology: n. the branch of biology concerned with the functions of living organisms : the functions, collectively, of an organism or its parts." 15. Considering the above meaning of the words as also the fact that majority of the subjects of petitioner in which he was examined as such has nothing to do with Science subject, I do not find any apparent reason to treat the decision of respondents in treating petitioner's degree is Arts category as patently erroneous or arbitrary. Except of the nomenclature of Bachelor of Science Sri Khare could not place anything to show that the above degree can be treated to be a "Science" degree. 16. The term "Science" as such is a word of wide connotation virtually encompassing every aspect of human life. The dictionary meaning of word "Science" in "Chambers Dictionary" (supra), at page 1316 is as under: "Science: knowledge ascertained by observation and experiment, critically tested, systematised and brought under general principles: a department or branch of such knowledge or study." In "The Concise Oxford Dictionary of Current English", (supra), at page 1081: "Science: n. 1 a branch of knowledge conducted on objective principles involving the systematized observation of and experiment with phenomenon, esp. concerned with the material and functions of the physical universe. 2 a systematic and formulated knowledge, esp. of a specified type or on a specified subject. b the pursuit or principles of this. 3 an organised body of knowledge on a subject. 4 skilful technique rather than strength or natural ability." In "The New Lexicon Webster's Dictionary" (supra), at page 894: "Science: n. knowledge acquired by careful observation, by deduction of the laws which govern changes and conditions, and by testing these deductions by experiment : a branch of study, esp. one concerned with facts, principles and methods : a technique based on training." 17. The concept of "Science", therefore, is extremely wide and not only the living but even non-living objects and area is covered by the aforesaid term. Many of the concepts which are normally treated to be covered by Arts degree may be overlapped by the term "Science" if we go through the wider concept of term "Science". A systematic and formulated knowledge encompasses the entire aspect whether it is commonly known as Science or Arts or even Commerce. Therefore, it is difficult to consider the things from this aspect but it has to be seen from over all assessment of the courses which one study while undergoing a particular duration of a digree or diploma which will have to be seen to find out whether it is Science course or an Arts course. The course basically relates to Physical Education connected with Sports and Games activities. It is in the context thereof that the course has been designed. Learned counsel for the petitioner has not placed before the Court the syllabus of the course of diploma and digree in Physical education awarded by other Universities where the courses are admittedly Arts course to show that there is a substantial distinction in the course and syllabus of the University in question so as to make it a distinct educational course which may be treated to be a Science digree. In the absence of any such material, this Court has to go by the decision of respondents and unless their decision is found to be arbitrary ex facie so much so that no person of ordinary prudence would come to such conclusion having gone through the relevant material on this aspect, such decision ought not be interfered. In the absence of any such material, this Court has to go by the decision of respondents and unless their decision is found to be arbitrary ex facie so much so that no person of ordinary prudence would come to such conclusion having gone through the relevant material on this aspect, such decision ought not be interfered. This Court shall not sit in appeal over the decision of a body like SCERT which is also an Expert body in the matter. 18. In P.M. Bhargawa (supra) the question arose as to whether Astronomy ought to be allowed as a course in University. In this context, the Court observed, that in various standards books "Astronomy" is treated a Science which claims to foretell the future or make predictions by studying supposed influence of the relative positions of the moon, sun, planets and other stars on human affairs. It requires study of celestial bodies, their positions, magnitudes, motions, and distances, etc. Astronomy is a pure Science. It was studied as a subject in ancient India and India has produced great astronomers, long before anyone in the western world studied it as a subject. Since Astrology is partly based upon study of movement of sun, planets and other celestial bodies, it is a study of Science at least to some extent. But then the judgment also shows that various Universities had applied for running above course by awarding B.A., B.A. (Hons.), M.A./Ph.D. There was no dispute before the Apex Court whether the particular degree was a Science degree or Arts degree, hence on this aspect nothing has been said and none of above three authorities cited by petitioner help him on this aspect. 19. In This case the respondents which included SCERT, an expert academic body, has taken a decision to treat a particular course in particular discipline. Unless it is shown that decision taken by the said body is palpably erroneous, arbitrary and no person of ordinary prudence can come to such a conclusion, such decision ought not be interfered in judicial review. In the absence of such thing, I do not find any reason to interfere with the decision of respondents in treating course of B.Sc. (Physical, Health and Sports) passed by petitioner not in Science category but in Arts category. 20. In view of the above, I find no merit in the writ petition. Dismissed. No costs.