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2020 DIGILAW 181 (JK)

Rajneesh Bhan v. State

2020-03-19

SANJEEV KUMAR

body2020
JUDGMENT 1. The Jammu and Kashmir Public Service Commission (for short 'PSC')-respondent No.2 vide its Notification No. 07-PSC of 2009 dated 09.03.2009 invited applications from eligible candidates for the posts of Lecturer 10+2 (Sociology) with the following breakup: Notification OM RBA SC ST ALC 07-PSC of 2009 dated 09.03.2009 9 3 1 1 1 2. In the year 2008 also, respondent No.2 had invited applications for the same posts vide its Notification No.06-PSC of 2008 dated 23.05.2008 dated with the break up as under: Notification OM RBA SC ST ALC 06-PSC of 2008 dated 23.05.2008 5 2 1 1 3. The petitioner, having done his postgraduate degree in Sociology from the Pondicherry University through distance mode in the year 2009 with 64% marks and possessing the degree of B.Ed, submitted her application form pursuant to Notification No. 07-PSC of 2009 and sought consideration under the open merit category. The application form of the petitioner was accepted and he was permitted to sit in the screening test which was notified by respondent No.2 vide its Notification No.PSC/EXAM/09/75 dated 15.12.2009. The result of the screening test would show that the petitioner obtained 91.5254 marks which were higher than the marks secured by the last candidate shortlisted for the interview. However, the petitioner was not shortlisted for the interview and on enquiry it was revealed that respondent No.2 had held the petitioner ineligible to participate in the interview and for his selection and appointment against the post of Lecturer 10+2 (Sociology). As a matter of fact, the postgraduate degree in Sociology obtained by the petitioner from the Pondicherry University through distance mode was held to be not a valid qualification. 4. Feeling aggrieved, the petitioner represented before respondent No.2 and when no decision on his representation was taken, the petitioner filed the instant petition. 5. The petition has been filed primarily on the ground that, Pondicherry University is a Central University created under the Pondicherry University Act, 1985 and is, therefore, empowered to award degrees including the postgraduate degree in Sociology. It is submitted that the Pondicherry University has the approval from the Distance Education Council of IGNOU to run various courses including the course of MA Sociology through distance mode. It is submitted that the Pondicherry University has the approval from the Distance Education Council of IGNOU to run various courses including the course of MA Sociology through distance mode. The petitioner, having secured marks in the screening test higher than the marks secured by the last candidate shortlisted for the interview in the general category, is entitled to participate in the interview and be considered for his selection for the notified post. 6. The respondents, including respondent No.2, have filed their respective objections and have contested the petition of the petitioner contending therein that the Degree of MA Sociology awarded to the petitioner by the Pondicherry University through distance mode is not a recognized qualification for employment in the State of Jammu and Kashmir and, therefore, the petitioner is ineligible for selection and appointment against the post of Lecturer 10+2 (Sociology). Strong reliance has been placed by the respondents on the judgment of the Supreme Court in the case of Professor Yash Pal and another vs State of Chattisgarh and others, 2005(5) SCC 420. 8. The petitioner has rebutted the stand of the respondents taken in their reply affidavit by filing rejoinder and also by placing on record Government Order No.252-HE of 2012 dated 30.05.2012. 9. I have heard learned counsel for the parties and perused the record. 10. The only question that arises for consideration in this writ petition is with regard to validity of the qualification of the petitioner i.e. MA Sociology obtained from the Pondicherry University through distance mode. 11. Admittedly and indisputably, the Pondicherry University is created by the Act of Parliament known as 'The Pondicherry University Act, 1985 . A bare reading of its preamble would show that the Act has been enacted to establish and incorporate teaching and affiliating University in the Union Territory of Pondicherry. 12. In terms of Section 3(2) of the Act , the headquarters of the University are at Pondicherry and it is empowered to establish the campuses at such other places within its jurisdiction as it may deem fit. 12. In terms of Section 3(2) of the Act , the headquarters of the University are at Pondicherry and it is empowered to establish the campuses at such other places within its jurisdiction as it may deem fit. Section 7(1) of the Act , which is relevant in the context, is reproduced hereunder: 'The jurisdiction of the University shall extend to the whole of the Union Territory of Pondicherry: Provided that the University may, at the request of the Administrator of the Union Territory of the Andaman and Nicobar Islands or of the Union Territory of Lakshadweep and with the prior approval of the Central Government, extent its jurisdiction to those Territories'. 13. From the above, it is beyond any pale of doubt that the Pondicherry University has its jurisdiction extended only to Union Territory of Pondicherry and, therefore, is not competent to establish its campuses or even study centers beyond its jurisdiction. The establishment of study centres/examination centre in the Jammu University i.e. outside the territories of UT of Pondicherry was, thus, illegal and incompetent. Any qualification acquired from the University through illegally operated study centre/examination centre situated outside the territories of the University concerned is invalid and cannot be made use of for obtaining employment. This is so held by the Supreme Court in the case of Yash Pal (supra). 14. There is nothing on record to show that for opening the study centre/examination centre in Jammu, the Pondicherry University had the approval of the UGC. That apart, it is for the employer to lay down the eligibility and other conditions of employment. It will also be well within the domain of the employer to provide which qualification would be valid qualification for a particular employment. 15. It is, thus, apparent from the Communication addressed by the Higher Education Department, Government of Jammu and Ksahmir vide its No.Edu-Coll/Coord/42/2008 dated 18.08.2009 to the PSC that the degrees obtained through distance mode except IGNOU and DOEACC would not be entertained as the same are not recognized by the University of Kashmir and Jammu. The relevant extract of Relevant portion of the said communication is reproduced hereunder: 'The Degrees possessed/obtained by the candidates through distance mode except IGNOU and DOEACC shall not be entertained as the same are not recognized by the University of Kashmir and Jammu. The relevant extract of Relevant portion of the said communication is reproduced hereunder: 'The Degrees possessed/obtained by the candidates through distance mode except IGNOU and DOEACC shall not be entertained as the same are not recognized by the University of Kashmir and Jammu. Besides the decision of University shall be final in case of any disputed degree submitted by the candidates with the application' 16. The next contention of the petitioner, that recognition of the degree possessed by the petitioner is acknowledged by the respondents in terms of Government Order dated 30.05.2012, is also without any substance. A plain reading of clause (ii) and (iii) of the order would make it crystal clear that the degree awarded through distance mode by the Central Universities established under the Act of Parliament and having jurisdiction to extend their activities in the entire country alone are recognized. 17. The Pondicherry University is not a Central University, though it is established by the Act of Parliament and has its jurisdiction extended only to the territories of UT of Pondicherry and the degrees awarded through distance mode from off-campuses by the Universities beyond their territorial jurisdiction are not recognized. 18. In view of the foregoing, this Court is of the considered opinion that the degree of MA Sociology obtained by the petitioner from off-campus of Pondicherry University through distance mode is not a valid and recognized qualification for employment in the State of Jammu and Kashmir and, therefore, no fault could be found with the decision of respondent No.2 to hold the petitioner ineligible for selection and appointment to the post of Lecturer 10+2 (Sociology) for which minimum required qualification is post graduation in the relevant subject from the recognized University. 19. In the light of preceding analysis, I find no merit in this petition and the same is, accordingly, dismissed.