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J&K High Court · body

2012 DIGILAW 318 (JK)

Muzaffar Zaman Shah v. State & Ors.

2012-06-06

MANSOOR AHMAD MIR

body2012
SWP No. 102/2011 c/w OWP No. 931/2009 1. The petitioner has challenged Circular No. F (Clarification-equal/Recog)Acad/KU/10 dated 17th May, 2010 and the tentative select list of candidates for the post of ReT in Primary School Balapora, B. K. Pora, Budgam so far as it pertains to selection of Respondent No. 7. The grievance projected by the petitioner in this writ petition is mainly based on the validity of his higher qualification having been rejected, resulting in his exit from the zone of consideration for selection against the post in question. It is pleaded by the petitioner, that he has, to his credit, the degree of M.Sc in Environmental Science, obtained through Bharathiar University, Coimbatore, School of Distance Education. The petitioner seeks a direction in the name of respondents to the effect that his post graduation degree be given effect to and, accordingly, he be appointed against the post in question. OWP No. 828/2009 c/w OWP No. 870/2009, 877/2009, & 918/2009 2. Petitioners in this writ petition are aggrieved of a Notice dated 29th August, 2009, issued by J&K Public Service Commission Srinagar, whereby the interview schedule for various posts was published. The petitioners challenge the Note appended to the said notification which seeks undertaking from the competing candidates to the effect that the degrees obtained from the Universities other than Jammu University/Kashmir University, have not been obtained through Distance Mode. 3. Petitioners also throw challenge to communication dated 18th August, 2009 of Higher Education Department on the ground that the same has been made basis for insertion of, a note appended with the notification impugned, and seek its quashment. The petitioners also seek a direction in the name of respondents to treat the petitioners as holding valid M. Phil/Ph.D. degrees in their respective subjects and entitled to compete for the post of Lecturer advertised vide notification No. 06-PSC of 2009 dated 06.03.2009. OWP No. 939/2009 c/w OWP No. 250/2010, 861/2009, 891/2009 4. Petitioners in these writ petitions claim to have M. Phil degrees to their credit, obtained through Vinayaka Missions University, Tamil Nadu, in Political Science. The petitioners seek consideration and weightage to their degrees while making selection for the post of Lecturer. The relief prayed for by the writ petitioners is again the same as is sought for in OWP No. 828/2009. OWP No. 464/2010 c/w OWP No. 641/2010, 579/2010 SWP Nos. 1267/2010, &1273/2010, 5. The petitioners seek consideration and weightage to their degrees while making selection for the post of Lecturer. The relief prayed for by the writ petitioners is again the same as is sought for in OWP No. 828/2009. OWP No. 464/2010 c/w OWP No. 641/2010, 579/2010 SWP Nos. 1267/2010, &1273/2010, 5. The petitioners in these writ petitions also claim to have post graduate degrees to their credit obtained through SIKKIM Manipal University, Gangtok Sikkim. The degrees, obtained through distance mode, have been rejected by the respondents, resulting in petitioners' exit from the selection process; therefore, they are aggrieved of the action of respondents and seek a direction to their name to the effect that their degrees be given due weightage and consideration, while making selection for the posts of 10+2 Lecturer in the subject of Information Technology. 6. It would be profitable to portray the events the way these matters landed in the Court. 7. The petitioners in all the writ petitions contend to have to their credit the Post Graduate Degrees, viz., M. Sc. IT, etc. obtained through distance mode from Universities mentioned in the respective writ petitions. They contend that the respondents have decided not to give weightage to their degrees while making selection for appointment to different posts mentioned in the respective writ petitions, resulting in their exit from the consideration zone. The petitioners allege the respondents to be unfair towards them; having violated their rights and, therefore, seek necessary directions in this behalf. 8. In their objections, all the respondents, in one voice, have specifically averred that the Universities from where the petitioners in all the writ petitions have obtained degrees, are not recognized for offering off-campus courses, i.e., distance mode of education. 9. The stand of the Government of J&K is that degrees obtained tkrough distance mode are not recognized by it. It is averred that the Standing Committee of Academic Council, a statutory body of University of Jammu, has reso Ived it. Therefore, the said decision of the University is binding. 10. The University of Kashmir, in its objections, submits that research (degrees, viz., M. Phil/Ph.D degrees awardedby universities through distance mode, cannot be entertained/accepted as valid because imparting of education in such courses requires the services of full fledged guides at the back of the stxidents pursaiing such courses. Therefore, the said decision of the University is binding. 10. The University of Kashmir, in its objections, submits that research (degrees, viz., M. Phil/Ph.D degrees awardedby universities through distance mode, cannot be entertained/accepted as valid because imparting of education in such courses requires the services of full fledged guides at the back of the stxidents pursaiing such courses. In support of such contention, the University of Kashmir h as placed reliance on a decision taken by its Committee dated 10th April, 2008. The 'University goes on to say that since the decision has not been challenged, the refore, the petitions merit dismissal on that count also. It is further contended that. University of Kashmir does not give equivalence to the certificates pursued for research programmes, issued by any university through distance mode, with its corresponding degrees. The reason for not granting equivalence to such certific ates is that a research programme has to be imparted in the University campus itsel/r and requires extensive practical work and guidance from a guide appointed by t he concerned university for supervision during such research, therefore, it can in no circumstances be imparted through distance mode. 11. The stand of the UGC and DEC is no different. 12. The list of the universities recognized with DEC is placed on records and perusal thereof reveals that none of the universities, which have conferred degrees on petitioners, is figuring in the list. Thus, it is clear that the Unive'rsities have acted beyond limits. 13. Heard learned counsel for the parties. 14. With the consent of learned counsel for parties, the writ jpetitions are taken up for final disposal at admission stage itself. 15. The controversy involved in the petitions in hand has already been dealt with by this court in case titled Bilal Ahmad Najar v. State of, J&K, 2010 (2) JKJ HC-218 bearing SWP No. 187/06, decided on 27th February, 2O09, and it has been held that degrees issued by various universities in violation cif UGC Act and the other applicable laws are not valid degrees in so far as employment of the State is concerned and the persons holding such degrees cannot claim any weightage on the basis of such degrees. It is apt to reproduce last 3 paragraphs herein:- "On consideration of the matter I could not find any ground for admission of the present petition. It is apt to reproduce last 3 paragraphs herein:- "On consideration of the matter I could not find any ground for admission of the present petition. The petitioner has obtained a degree in distance education which admittedly is not a recognized degree by the University of Kashmir or by the Government of Jammu & Kashmir as such the degree obtained by the petitioner cannot be treated as a valid degree in so far as employment in the State is concerned. It is urged by the learned counsel for the petitioner that though the degree obtained by the petitioner is through distance education mode it is not in fact so as the petitioner has attended regular classes at the Kawa Institute of Management. This in my view will not help the petitioner. Admittedly the degree under the distance education programme by the said Institute or the said University has not till date been recognized either by the University of Kashmir or by the Government, so the petitioner cannot take benefit of the same. Learned counsel has further referred to the stand taken by the University of Kashmir wherein the University authorities have stated that the degree is not recognized by the University for academic purpose and that it is for the State Government to consider it for employment purpose. The State Government has admittedly not recognized the degree for the purpose of employment as such the petitioner cannot claim any weightage on the basis of such degree. In these circumstances this petition is dismissed." 16. Since it has already transpired that the universities have acted beyond the limits provided by the guidelines and Acts established for the purpose, therefore, the ratio laid down by the judgment supra squarely covers the theme. 17. Before proceeding further, it is shocking to observe the manner in which the post graduate degrees have been conferred on the students. 18. True it is that with the passage of time, every sphere of life has changed, and, education also is not an alien to such change. The advancement made in life, has rendered the distance, the boundaries a thing of the past, and has brought almost everything on the finger tips of a man. 19. As stated hereinbefore, that education too has undergone a sea change, the whole complexion of teaching-learning experience has changed. This change, for convenience, has brought everything at one's doorstep. The advancement made in life, has rendered the distance, the boundaries a thing of the past, and has brought almost everything on the finger tips of a man. 19. As stated hereinbefore, that education too has undergone a sea change, the whole complexion of teaching-learning experience has changed. This change, for convenience, has brought everything at one's doorstep. Now we are no more required to leave from our homes early in the morning to be in the long queue and stand a chance to make it to the admission counter, within a fixed timeframe, seek an admission form for pursuing a particular course; thereafter again undergo such a hectic exercise, to get the form submitted. Today is a time, when we can do all this while sitting in our bedrooms using our desktops or laptops that too even during the night hours. 20. Not only this, courses can even be completed now without moving out of our homes. This distance less and timeless education is known as DISTANCE EDUCATION. Such a sweeping change is not aimed at creating rumpus, but to facilitate the things for the people who are over-occupied and burdened with responsibilities; who do not have time to make it to the class rooms on regular basis. But still the distance education, too, has its own limits -like it cannot offer courses, which involve research programmes, viz. M. Phil, Ph.D. It cannot be offered by any university/institution of its own, and in disregard of the applicable Rules. 21. Having said so, it needs to be clarified that the change should transform the life only upwards and not backwards; it should be constructive and not destructive; for progress and not for retreat; for innovation and not for steadiness, for illumination and not for confusion; and, above all, for positive and not for negative objectives. At a time, when the shape of life is rapidly changing its colours because of technological advancement that man has made, the developmental process is simultaneously being used for wrong practices also. We have hackers who use the same technology and infrastructure not for the good but for the bad. The wrong doing, of whatever kind, is something that needs to be put breaks on because this, in real sense, hampers the progress of a nation in every possible way. We have hackers who use the same technology and infrastructure not for the good but for the bad. The wrong doing, of whatever kind, is something that needs to be put breaks on because this, in real sense, hampers the progress of a nation in every possible way. The case in hand is a glaring example of such wrong doing, technology misused at its worst. 22. The petitioners, who are before this Court, seeking direction in the name of respondents to give due weightage to their higher qualifications, though not valid, as discussed above, indeed want this Court to put its seal on the said illegal act. I just wonder about such approach of theirs. 23. Having held the writ petitions to be meritless, the affairs of the PR1ST and other universities cannot be allowed to go unchecked. Therefore, it becomes imperative for this Court, being the custodian of public interest, to play its role. In this backdrop, the Chief Secretary of the State is directed to examine the matter by conducting a thorough probe. While dealing with the matter, the Chief Secretary shall bear in mind the seriousness of the issue and may even go for registration of a criminal case if, in the fitness of things, it is so desired. And on doing so, he shall personally monitor the investigation. 24. For what has been stated hereinbefore, all the writ petitions are held to be without any merit, and are, therefore, dismissed. Interim directions granted in all the writ petitions shall stand vacated. 25. Registry to send copy of this judgment to the Advocate General and the Chief Secretary of the J&K State for compliance. 26. Disposed of. A copy of this judgment shall be placed on each of the writ petitions decided hereby.