Research › Search › Judgment

J&K High Court · body

2013 DIGILAW 578 (JK)

Narjees Nawab v. State

2013-09-24

Mansoor Ahmad Mir

body2013
1. The petitioner by the medium of the writ petition has sought writ of certiorari for quashing the note appended to the impugned notification dated 11.11.2010, made by respondent No. 4, which has the effect of excluding the LLM Degree obtained through distance mode and has further sought writ of mandamus commanding the respondents to accept and entertain the LLM Degree, obtained by the petitioner from the Directorate of Distance Education, Kurukshetra University, Haryana, and to consider it at par with the degrees of IGNOU, DOEACC, Universities of Kashmir and Jammu, and consequently, allow the petitioner to compete for the posts of Assistant Legal Remembrancer/Public Law Officer. 2. Precisely, the case of the petitioner is that she has obtained the Degree from the Directorate of Distance Education, Kurukshetra University, Haryana. It is contended that the Degree obtained by the petitioner from the University aforementioned is recognized by all members of the Association of Indian Universities. 3. Respondents have filed the reply and have resisted prayers made in the writ petition. Respondent No. 4 in his reply has specifically averred that the Directorate of Distance Education, Kurukshetra University, Haryana, is not a recognized University. Respondent No. 1 has also averred in the reply that as per the Government Order No. 252 of 2012 dated 30.05.2012 [Refer 2012 (16) JKS JK-30 : JKS Soft JKS/8422]. LLM Degrees obtained through correspondence or distance mode from Kurukshetra University or such other Universities, for the purposes of appointment to any post under the Jammu & Kashmir Legal Gazetted Services Rules 1980, is not recognized one. 4. From a perusal of the writ record, it is revealed that the posts of Assistant Legal Remembrancer and Public Law Officer were advertised vide Notification No. 03-PSC of 2010 dated 28.05.2010. It is further revealed that the respondent No. 4-PSC issued a general Notice dated 11.11.2010, whereby the candidates who had applied for the posts in question were notified the dates of screening test. It was further notified for the information of the candidates that those candidates who are desirous to seek exemption from screening test for the posts in question, on the basis of higher qualifications were directed to submit an application to the Public Service Commission seeking such exemption on the prescribed format delineated in the notice itself. It was further notified for the information of the candidates that those candidates who are desirous to seek exemption from screening test for the posts in question, on the basis of higher qualifications were directed to submit an application to the Public Service Commission seeking such exemption on the prescribed format delineated in the notice itself. Furthermore, the Commission appended a Note 4 with the notice dated 11.11.2010, which is extracted hereunder: "Degree/ Higher Degrees through distance mode shall not be entertained/ considered except those obtained through IGNOU/ DOEACC/ Jammu University/ Kashmir University" It is this note 4 reproduced above, which is impugned in the writ petition at hand. 5. It is stated in the reply by respondent No. 4, that the State Government in terms of communication No. Edu-Coll/Coord/ 142/2008 dated 18.08.2009, has communicated its decision to the answering respondent for not entertaining any such degree in any recruitment process. 6. Admittedly, the petitioner has not questioned the aforesaid decision of the Government. In that view of the matter, the case of the petitioner cannot be considered in isolation of the aforesaid decision of the State Government. 7. Respondent No. 1 has also filed a detailed reply in which it is specifically pleaded that the degree obtained by the petitioner, a mention of which is made in the writ petition, is not recognized and no equivalence can be granted thereto. It is relevant to extract paragraphs 4 to 7 of the reply filed by respondent No 1, which read as under: "4. The as per the aforementioned rule, the courses offered by the Kashmir/ Jammu Universities in their respective areas of jurisdiction and the course of study offered with affiliation of IGNOU/DOEACC are the only recognized courses. 5. That the Government Order No. 252 of 2012 dated 30.05.2012 [Refer 2012 (16) JKS JK-30 : JKS Soft JKS/8422] does not recognize LLM degrees obtained through correspondence from Kurukshetra University or such other Universities for the purposes of appointment to any post under the J&K Legal Gazetted Service Rules, 1980. 6. That the petitioner has no right of consideration for exemption from the written test on the basis of degree obtained through distance mode from Kurukshetra University which is not affiliated with Kashmir/Jammu Universities. 7. 6. That the petitioner has no right of consideration for exemption from the written test on the basis of degree obtained through distance mode from Kurukshetra University which is not affiliated with Kashmir/Jammu Universities. 7. It is submitted that the Government has not till date recognized LLM degrees obtained through distance mode from any outside University including Kurukshetra University for purposes of selection to the said post." 8. The petitioner has failed to produce any document from the competent authority to demonstrate that the degree relied upon by her is recognized in terms of mandate of University Grants Commission Act and / or any decision of the Jammu and Kashmir Higher Education Department. This Court in a bunch of writ petitions, the leading case being OWP No. 674/2010 titled Khurshid Ahmad Sheikh & others v. State of J&K and others decided on 06.06.2012, reported in 2013 (1) JKJ [HC] 248 : 2012 SLJ 1195, incidentally, of which I am the author, has held as under: "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 through distance mode are not recognized by it. It is averred that the Standing Committee of Academic Counsel, a statutory body of University of Jammu has resolved it, therefore, is binding. 10) The University of Kashmir, in its objections, submits that research degrees viz. M. Phil/ Ph.D degrees awarded by universities through distance mode be not entertained/ accepted to be valid as the same requires the services of a full fledged guide at the back of the student pursuing such course. In support of such contention, the University of Kashmir has 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, therefore, the petitions merit to be dismissed 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 University goes on to say that since the decision has not been challenged, therefore, the petitions merit to be dismissed 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 certificates is that research programme has to be imparted in the University campus itself and requires extensive practical work and guidance from guide appointed by the concerned university for supervision during such research, therefore, it can in no circumstances be imparted though distance mode. 11) The stand of the UGC and DEC is no different." 9. The above judgment was assailed in Letters Patent Appeal, bearing LPA No. 134/2012, and the Division Bench of this Court has upheld the same in terms of judgment dated 24.09.2012. 10. This Court in another writ petition (SWP No. 187/2006) of identical nature, titled Bilal Ahmad Najar and others v. State of J&K and others decided on 27.02.2009, reported in 2010 (2) JKJ [HC] 218 : 2009 SLJ 798, has also held as under: "7. 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. 8. 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. 9. 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. 9. Learned counsel has further referred to the said 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. 10. In these circumstances this petition is dismissed." 11. This Court also in a case titled Adeep Singh v. State and others, decided on 02.01.2013 at Jammu Wing, has dealt in detail the validity of the recognition of academic qualifications acquired through distance mode and their acceptance for the purposes of employment in State Government services. 12. Adverting to the case at hand, this Court on the contention of learned counsel for the petitioner that the LLM degree obtained by the petitioner from Kurukshetra University is also recognized had directed by way of interim measure to exempt her from screening test, but at the same time it was provided that it shall be at her own risk and responsibility. Since I have already dealt with the question with regard to the degrees obtained through distance mode against the petitioner, as indicated above, therefore, this petition must fail on that count. 13. For the foregoing reasons and in the totality of circumstance, the petitioner has failed to carve out a case for admission of the writ petition. As a result, writ petition merits dismissal. I do so accordingly. 14. Dismissed along with all connected CMPs. As a corollary interim direction shall stand vacated. However, there shall be no order as to costs