Manoj Kumari v. Registrar, Maharaja Ganga Singh University Bikaner
2018-09-13
SANGEET LODHA
body2018
DigiLaw.ai
JUDGMENT 1. By way of this writ petition, the petitioner is seeking directions to the respondent University to issue the mark sheet of B.Ed. Examination wherein she had appeared during the academic session 2008-09. 2. The facts relevant are that the petitioner passed the Senior Secondary Examination in the year 1993 from Board of School Education, Haryana. She appeared in B.A. (One Sitting) Programme conducted by Kurukshetra University, Kurukshetra in the year 1997. She was declared pass and the statement of marks was issued to her on 15.12.97. On the strength of the Graduation Degree obtained as aforesaid, the petitioner applied for appearance in Pre Teachers Education Test (P.T.E.T.) in the year 2008, conducted by Jai Narayan Vyas University, Jodhpur. The petitioner appeared in the P.T.E.T. and was declared successful in the said examination. On being declared pass, after counseling the petitioner was allotted Dadhimati Mahila T.T. College for admission to B.Ed. Course. The petitioner took the admission in the said college, deposited the fee and an identity card was also issued to her as a regular student. The petitioner appeared in the B.Ed. Examination and was declared pass, however, she was not issued original mark sheet of the examination. Hence, this petition. 3. A reply to the writ petition has been filed on behalf of the respondent University that in General Instructions issued to the candidates appearing in P.T.E.T. it was clearly mentioned that only those candidates who have secured at least 45% marks in aggregate in Bachelors/Masters Degree of the J.N.V. University or from any other University whose Bachelors/Masters Degree is recognized equivalent of the degree issued by the J.N.V. University shall be eligible to appear in the examination. That apart, vide instruction no. 10 (v)(c), it has been made clear that those candidates who have obtained their degree through correspondence course or have obtained the degree by appearing in only one year final part examination, shall not be entitled to appear in P.T.E.T. Examination. It is further made clear that the candidate has to determine his own eligibility to appear in P.T.E.T. Examination because at the stage of appearance in the examination it is not necessary for the University to scrutinize the application form and if at later stage, it is revealed that the candidate is ineligible to appear in the examination, no right will be created in his favour.
It is submitted that One Sitting Bachelor Degree offered by the Kurukshetra University is not equivalent to the Bachelor Degree of the J.N.V. University and thus, the petitioner was not eligible to appear in the P.T.E.T. Examination. It is submitted that the petitioner has appeared in the examination by misrepresentation and now after scrutiny, she having been found ineligible, no right is created in her favour on account of her passing the examination. It is submitted that if the factum of ineligibility comes to the knowledge of the University even at later stage, the mark sheet issued can be cancelled. 4. Learned counsel appearing for the petitioner contended that the B.A. (One Sitting) Degree issued by the Kurukshetra University is recognized by University Grants Commission (UGC) and thus, the respondent University cannot say that the B.A. (One Sitting) is not equivalent to B.A. Three Year Decree Course. It is submitted that B.A./M.A. (One Sitting) Degree of Kurukshetra University was valid upto 31.12.99 and thus, the degree obtained by the petitioner in the year 1997 cannot be said to be invalid. It is submitted that the petitioner had appeared in P.T.E.T. Examination on the strength of the degree of B.A. obtained from Kurukshetra University and on being declared pass therein, she was admitted to B.Ed. Course. She pursued her studies for one year, appeared in the examination and was declared pass and thus, at this stage, the respondent University is estopped from questioning the eligibility of the petitioner to appear in P.T.E.T. Examination and subsequent thereto in B.Ed. Examination. It is submitted that once the petitioner was permitted to appear in the examination, the respondents have acquiesced with the infirmities and cannot be permitted to withheld the degree for which the petitioner is entitled on account of her passing the B.Ed. Examination. In support of the contention, learned counsel has relied upon a decision of the Hon'ble Supreme Court in the matter of Shri Krishan vs. Kurukshetra University, Kurukshetra, (1976) AIR SC 376. 5.
Examination. In support of the contention, learned counsel has relied upon a decision of the Hon'ble Supreme Court in the matter of Shri Krishan vs. Kurukshetra University, Kurukshetra, (1976) AIR SC 376. 5. On the other hand, learned counsel appearing for the respondent University while reiterating the stand taken in reply to the writ petition submitted that mere appearance in the examination does not create any right in favour of the petitioner to claim the degree when it is apparent on the face of record that she was not eligible to appear in P.T.E.T. Examination and consequently, for admission to B.Ed. Course and thus, even if at the later stage, it is found that the candidate was ineligible for admission to the course, the degree issued can be cancelled and thus, nothing turns on the question that the petitioner had appeared in the B.Ed. Examination conducted by the respondent University. 6. I have considered the rival submissions and perused the material on record. 7. A bare perusal of the mark-sheet (Annexure-2) placed on record by the petitioner reveals that she had obtained the Degree of B.A. by appearing in the Examination in One Sitting in the month of July, 1997. The recognition of the B.A./M.A. (one sitting) Degree of Kurukshetra University upto the specified date by the UGC, in no manner could be construed to mean that the said degree shall be treated equivalent to B.A. Three Year Degree Course conducted by the different Universities. Even the communication dated 24.8.09 issued by the Deputy Registrar (Academic) of Kurukshetra University placed on record as Annexure 8, the candidate having passed B.A. (one sitting) Examination of Kurukshetra University may take admission in B.Ed. Course at the said university, if otherwise eligible but for this reason, other Universities are not under an obligation to consider the said degree as equivalent to B.A. Three Year Degree course and permit the candidates to pursue the B.Ed. Course conducted by them. 8. A perusal of the instructions issued by the J.N.V. University, who conducted P.T.E.T. Examination clearly shows that it was made specifically clear that only the candidates who have obtained B.A./M.A. Degree from the J.N.V. University or such degree obtained from any other University which is treated to be equivalent to the degree issued by the J.N.V. University shall be eligible to appear in P.T.E.T. Examination.
It was further clarified that the candidates who have obtained the Graduation Degree by correspondence course or by appearance in One Year Final Part Examination shall not be eligible to appear in P.T.E.T. Examination. As per the instructions issued, it was responsibility of the petitioner to determine her eligibility to appear in the examination and it was made clear that if at the later stage, on the scrutiny of the forms it is found that the candidate is not eligible to pursue the B.Ed. Course, no right shall be created in her favour. Further, as per clause 10 of the instruction, the candidate must have one teaching subject while pursuing the regular course of studies of Graduation and must have studied the said subject for two years and appeared in the examination in each year. Obviously, this condition has been incorporated for the reason that a candidate obtaining the B.Ed. Degree would become eligible to teach the students. Thus, viewed from any angle, the degree of B.A. (one sitting) obtained by the petitioner from Kurukshetra University cannot be considered to be equivalent to B.A. Three Year Degree Course conducted by the J.N.V. University or any other University. 9. In Shri Krishan's case relied upon by the petitioner, the student was permitted to appear in the Part Second Law Examination notwithstanding the shortage of percentage in attendance, the court observed that if neither the Head of the Department nor the University Authorities took care to scrutinize the admission form then the University Authorities had no jurisdiction to cancel the candidature for that examination. 10. In the considered opinion of this court, the decision of the Hon'ble Supreme Court does not help the petitioner in any manner inasmuch as, in the instant case, the petitioner was not even holding the basic qualification for admission to the course. Thus, the question with regard to ineligibility of the petitioner goes to the root of the matter and an ineligible candidate cannot be issued the degree of B.Ed. moreso when, she had appeared in the examination knowing fully well that as per the instructions issued, she is not eligible to appear in the examination and pursue the study of B.Ed. Course offered by various Universities of the State of Rajasthan. 11. In view of the discussion above, the writ petition lacks merits, it is hereby dismissed. No order as to costs.