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Allahabad High Court · body

2017 DIGILAW 1159 (ALL)

VICHITRA KUMAR v. STATE OF U. P.

2017-05-02

ABHINAVA UPADHYA

body2017
JUDGMENT Hon’ble Abhinava Upadhya, J.—Heard Sri G.K.Singh, learned senior advocate assisted by Sri Rakesh Kumar Shukla, learned counsel for the petitioner and learned Standing Counsel for the State Authorities and Sri Prem Prakash Yadav appearing for the District Basic Education Officer. 2. The petitioner had applied for appointment as Assistant Teacher pursuant to an advertisement dated 19.7.2016 by the the Committee of Management of an aided Junior High School. The petitioner was selected and the papers were forwarded to the District Basic Education Officer on 30.7.3016. When financial approval was not being granted by the District Basic Education Officer, the petitioner filed writ petition No. 60451 of 2016 which was disposed of by the order dated 21.12.2016 directing the District Basic Education Officer to consider the claim of the petitioner and pass appropriate order within the stipulated period. 3. Pursuant to the order of this Court, the District Basic Education Officer has now passed an order on 13.2.2017 rejecting the claim of the petitioner. The sole ground for rejection of the claim is that the petitioner does not have degree of Bachelor of Arts, instead he had applied with a degree of LL.B. which is a professional degree and is not contemplated as qualification under Rule 4 of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules of 1978 (in short, the Rules of 1978). 4. Learned counsel for the petitioner submits that the petitioner has an integrated 5 years’ course of LL.B. which includes B.A. The petitioner has also training qualification and possesses all the eligible qualifications for being appointed as Assistant Teacher as contemplated under Rule 4 of Rules of 1978 Rules. So far as the integrated 5 years’ LL.B. course is concerned, Sri G.K.Singh has relied upon Section 22 of the University Grants Commissions Act.The said provision provides for conferment of degree by the Universities. Section 22(3) prescribes that for the purpose of this section ‘Degree” means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette. 5. Sri G.K.Singh submits that pursuant to the aforesaid clause, a notification has been issued being Notification dated March, 2014 which was published in the Gazette on July 5-11, 2014. 5. Sri G.K.Singh submits that pursuant to the aforesaid clause, a notification has been issued being Notification dated March, 2014 which was published in the Gazette on July 5-11, 2014. In the said Gazette Notification, LLB 5 years course has been described to be an integrated course combining two courses together, namely, B.A. and LL.B. The notification further describes that the integration of two courses would not mean any laxity in terms of the period or intensity of the course would in any manner be reduced. The relevant portion of the Notification under the heading “Guiding Principles” is quoted herein below: “Guiding Principles: Degrees should be specified in generic terms and their nomenclatures should be such that are generally recognized, globally acknowledged and widely accepted and are indicative of the level of the degrees and the broad subject/discipline/knowledge area universities/institutions, in curricular innovation, shall have the freedom to indicate uniqueness/specialization in parentheses against the specified generic degrees. Universities/institutions may introduce Integrated and Dual Degree Programmes judiciously and with caution. A dual degree programme combines more than one subject, mostly in a horizontal spread, whereas an Integrated programme is progressive and cumulative. The academic philosophy/rationale behind offering such integrated programmes should not be for economising on course requirements or award of double degrees in a fast track; on the contrary, an integrated approach should involved a vertical/inter-disciplinary discourse. A dual degree should aim for a better comprehension of the related subjects of study from a multi-dimentional perspective. This would necessarily entail an equal, if not more, course duration and a newer approach of curricular transaction and additional interactive courses. Thus an Integrated/Dual Degree Programme combining two or more disciplines shall be permissible only if there is no compromise on any of the course requirements, viz. duration, number of papers and intensity of courses, teaching/learning hours, credits, etc. Integrated and Dual Degree Programmes are therefore, be introduced by the universities/institutions subject to the following conditions: (a) The Integrated/Dual Degree Programmes must not dilute the standard as prescribed under the Regulations made by the UGC and other Statutory authorities concerned in terms of syllabi, programme duration and examination requirements. Integrated and Dual Degree Programmes are therefore, be introduced by the universities/institutions subject to the following conditions: (a) The Integrated/Dual Degree Programmes must not dilute the standard as prescribed under the Regulations made by the UGC and other Statutory authorities concerned in terms of syllabi, programme duration and examination requirements. (b) If the Integrated/Dual Programmes intend to offer two separate degrees with an option for an interim exit or lateral entry, the duration of the Integrated/Dual Degree Programme must not be less than the duration equal to the sum total of the prescribed duration of the two degrees that are being combined in the Integrated/Dual Degree Programme.Provided that all such programmes would carry the nomenclature of “Integrated /Dual Degree” (name of the first degree)-(name of the final degree)”. Provided further that both the degrees awarded under the Integrated/Dual Degree Programme shall be individually and separately recognized as equivalent to corresponding degrees and not as one single integrated degree. (c) If the Integrated Programme intends to offer a single degree without permission to exit and lateral entry, the programme duration may be relaxed by not more than 20% of the sum total of the prescribed duration of the two degrees that are being combined to make the single Integrated degree." 6. Normally the B.A. course is of 3 years and LL.B. course is also of 3 years, therefore, the integrated course would combine with LL.B. and B.A. degrees which would be 6 years. But according to clause (c) of the Guiding Principles if in any of the two combined courses a student continues, 20% of the duration of the integrated course would be relaxed and 6 years course will be completed in 5 years. But if a student wants to exit the course, he has to complete three years course either of the LL.B. or B.A. The sum total of the Guiding Principles as per the U.G.C is that the LL.B. 5 years includes B.A. also and thus the B.S.A. is not correct in saying that the petitioner does not possess the requisite qualification of B.A. as provided for appointment of Assistant Teacher under Rule 4 of the Rules of 1978. The petitioner having an integrated course of LL.B. which includes B.A. is competent to participate in the selection of the Assistant Teacher in the Government aided Junior High School. 7. The petitioner having an integrated course of LL.B. which includes B.A. is competent to participate in the selection of the Assistant Teacher in the Government aided Junior High School. 7. Accordingly the order of the District Basic Education Officer dated 13.2.2017 cannot be sustained and it is hereby quashed with the direction to the District Basic Education Officer to pass a fresh order in the light of the observations made herein above within a period of three months from the date a certified copy of this order is produced before it. 8. The writ petition is accordingly allowed.