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2016 DIGILAW 323 (CAL)

Suman Kalyan Nayak v. State of West Bengal

2016-04-05

DEBANGSU BASAK

body2016
JUDGMENT : 1. The petitioner has impugned a letter dated November 3, 2014 issued by the Calcutta University. By such letter, the Calcutta University has stated that the M.Sc. degree from Sikkim Manipal University cannot be considered for undertaking B. Ed. programme in view of the stand of University Grants Commission (UGC). 2. The learned advocate for the petitioner has submitted that, the petitioner had obtained M. Sc. Degree from Sikkim Manipal University under Distant Education Programme in the year 2006. The validity of the courses under the Distant Education Programme of Sikkim Manipal University was questioned in a writ petition before the Hon’ble High Court of Sikkim. Such writ petition being W. P. No. 04/2013 (Sikkim Manipal University –vs- Indira Gandhi National Open University, Distant Education Council & Ors.) was disposed of by a judgement and order dated June 26, 2015. The Court had upheld the validity of such degree. Consequently, the petitioner being similarly situated, the Calcutta University should not take a stand contrary thereto. More over, the UGC had preferred a Special Leave Petition against the judgment and order dated June 26, 2015 passed in Sikkim Manipal University (supra). Such Special Leave Petition was disposed of after observing that the Hon’ble Supreme Court was not inclined to interfere with the directions passed by the High Court on the facts of the case. 3. The learned advocate appearing on behalf of the UGC has contended that the degree given by Sikkim Manipal University is not valid. He has referred to a decision of the Hon’ble Supreme Court reported in (2005) 5 SCC 420 (Prof. Yashpal and Anr. –vs-State of Chhattisgarh & Ors.) in support of his contention. 4. The learned advocate appearing on behalf of the Calcutta University has submitted that, in view of the decision rendered by the Hon’ble Sikkim High Court and the dismissal of the Special Leave Petition therefrom, the Calcutta University will abide by the decision rendered by the Court in this regard. 5. I have considered the rival contentions of the parties and the materials made available on record. 6. The petitioner had obtained a degree in M. Sc. From Sikkim Manipal University in 2006. He had undertaken a course of B. Ed. under the Calcutta University. He was not allowed to sit in the examination, for which he had moved the instant writ petition. 6. The petitioner had obtained a degree in M. Sc. From Sikkim Manipal University in 2006. He had undertaken a course of B. Ed. under the Calcutta University. He was not allowed to sit in the examination, for which he had moved the instant writ petition. By an interim order dated May 14, 2015, the petitioner was allowed to take examinations on terms. The results are yet to be published in terms of the said interim order. 7. The question of validity of a course undertaken at Sikkim Manipal University under the Distant Education Programme was considered by the Hon’ble Sikkim High Court in Sikkim Manipal University (supra). Their Lordships have found the degree conferred by Sikkim Manipal University to be valid. Their Lordships have also held that the validity of the degree conferred by Sikkim Manipal University would be extended to the persons who are not parties to the writ petition. 8. The UGC had preferred a Special Leave Petition against Sikkim Manipal University (supra). Such special leave petition was dismissed on September 21, 2015. 9. The stand sought to be canvassed in this writ petition was canvassed before the Sikkim High Court. It was considered and rejected in Sikkim Manipal University (supra). UGC cannot be permitted to take a stand which is contrary to that declared by the Hon’ble Sikkim High Court; more particularly after the Special Leave petition filed by UGC has been dismissed by the Hon’ble Supreme Court. The stand sought to be taken by the UGC in the present writ petition is contrary to the decision rendered by the Hon’ble Sikkim High Court in Sikkim Manipal University (supra). A uniformity in declaration of the law so far as the students of a University is concerned should be endeavoured to be maintained. 10. Yashpal (supra) was considered in Sikkim Manipal University (supra). After considering the same and other authorities on the subject, the Sikkim High Court had returned a finding of validity of the degree conferred by Sikkim Manipal University. The petitioner is similarly situated as that of the persons seeking to intervene in Sikkim Manipal University (supra). 11. In such circumstances, the Calcutta University will recognise the degree conferred by Sikkim Manipal University to the petitioner as valid. The Calcutta University will take all steps consequential to the validity of such degree forthwith. The petitioner is similarly situated as that of the persons seeking to intervene in Sikkim Manipal University (supra). 11. In such circumstances, the Calcutta University will recognise the degree conferred by Sikkim Manipal University to the petitioner as valid. The Calcutta University will take all steps consequential to the validity of such degree forthwith. The Calcutta University will register the petitioner as bona fide student and will publish the results of all examinations that the petitioner has undertaken as expeditiously as possible and preferably within four weeks from date. 12. W. P. No. 10648 (W) of 2015 is disposed of accordingly. 13. There will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.