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2023 DIGILAW 565 (JK)

Manjeet Kumar, S/o Devraj Sharma v. University of Jammu, through its Registrar

2023-10-04

RAHUL BHARTI, SANJEEV KUMAR

body2023
JUDGMENT : (Rahul Bharti, J.) 1. In this Letters Patent Appeal we are confronted with a legal issue as to whether for admission to Bachelor of Law (LL.B) three years course in Jammu University governed by the eligibility condition prescribed by the University of Jammu, the appellant fulfilled the eligibility to be admitted to the course on the basis of him qualifying the entrance test. 2. The appellant aspired to seek admission in the University of Jammu for a 3 years’ course of Bachelor of Law (LL.B) and for that purpose appeared in the Jammu University Entrance Test, 2019 (“JUET” in short), conducted by the University of Jammu under Roll no.422122/- in which the appellant came to secure 38 marks against the qualifying marks of 30 under Open Merit Category and was thus successful. 3. After having so qualified the JUET, the appellant came to be apprised by the University of Jammu that admission for the course will not be admissible to him on account of status of his educational qualification. 4. For the JUET-2019, the University of Jammu had issued an Admission Brochure-2019 in which the eligibility for applying was prescribed as under:- “A candidate to be eligible for admission to the Master Degree (other than M. Phil & Ph. D), Bachelor Degree (LL.B (3 years), B. Lib.I.Sc & B.P. Ed. and Diploma Programmes in the University, must have passed/ appeared in the final year of the qualifying Bachelor’s degree examination of 10+2+3 pattern (Honours or General) in Arts, Science, Home Science, Commerce or Business Administration or an examination qualifying for a professional degree of not less than 3 years duration or any other examination recognized as equivalent thereof, from a recognized university/institution with at least 40% of the aggregate marks or as specified (36% for the Scheduled Cast/Scheduled Tribe candidates). Candidates who have passed degree course of two years duration under 10+2+2 or 10+1+3 pattern and thereafter after have passed bridge course of one year duration comprising Part-III of B.A./B.Sc./B.Com three years (General) course of the University of Jammu or any other recognized University shall also be eligible subject to the aggregate qualifying marks as indicated above. A candidate who has passed M.A./M.Sc./M.Com. Examination from the University after having passed B.A./B.Sc./B.Com. A candidate who has passed M.A./M.Sc./M.Com. Examination from the University after having passed B.A./B.Sc./B.Com. Examination under the old pattern of 10+2+2 or 10+1+3 shall also be eligible for admission under second reference category to:- (a) a course where the minimum eligibility condition is pass in Three Year Degree (General) Course after 12 years of schooling. (b) a Master Degree Course in an allied subject, if otherwise permissible under Statutes/ Regulations of the University.” 5. The appellant, in terms of his academic qualification, is a Matriculate from the Jammu & Kashmir Board of School Education, three years Diploma Holder in Civil Engineering from the J&K State Board of Technical Education and a Bachelor of Engineering B.E. (Civil) Professional Degree of three years through correspondence from Vinayaka Mission University Salem, Tamil Nadu read with qualification in All India Counsel for Technical Education (AICTE) – University Grants Commission (UGC) prescribed examination to validate his under-graduate engineering degree. 6. To put in other expression, the appellant’s qualification is 10+3+3 which was found by the University of Jammu to be not matching with the eligibility required as per Admission Brochure-2019 as referred hereinbefore and that led to the University of Jammu’s decision not to extend admission to the appellant despite him having qualified the entrance test for admission to Bachelor of Law (LL.B) three years course in Jammu University. 7. Aggrieved of denial of admission to him, the appellant came to approach this court with a writ petition WP(C) no. 2999/2019 seeking quashment of a communication dated 25.07.2019 issued by the Dean Academic Affairs, University of Jammu rejecting the appellant’s application for admission to Bachelor of Law (LL.B) three years course-2019. 8. This writ petition came to be disposed of by the learned Single Bench (in short “the writ Court”) vide its judgment dated 31.12.2019 holding the petitioner entitled to avail a remedy of appeal before the appellate authority of the University of Jammu in terms of clause 8 of the statues governing admissions in Admission Brochure-2019 and the appeal to be so filed by the appellant was directed to be decided within a time frame of ten days. 9. Accordingly, the appellant came to prefer an appeal before the Vice-Chancellor, University of Jammu stating therein about his marks score of 56.56% (RBA) as against cut-off for admission at 43.88% and urging for his admission in the said course. 10. 9. Accordingly, the appellant came to prefer an appeal before the Vice-Chancellor, University of Jammu stating therein about his marks score of 56.56% (RBA) as against cut-off for admission at 43.88% and urging for his admission in the said course. 10. The appellant’s appeal came to be considered and rejected in terms of a Consideration Order no. DAA/20/5115 dated 31.01.2020 passed by the Dean Academic Affairs, University of Jammu. As per this consideration order, the appellant’s qualification being 10+3+3 was found to be not the requisite qualification of 10+2+3 pattern (Honours or General) for admission to a Bachelor of Law (LL.B) three years course. 11. It is against this consideration order that the appellant came in a second round of litigation with the writ petition WP(C) no. 530/2020 before the writ court which came to be dismissed vide its judgement dated 02.06.2021 which is now impugned before us in the present Letters Patent Appeal (LPA). 12. The premise upon which the learned writ court proceeded to dismiss the writ petition of the appellant is resting upon the qualification prescribed in the Admission Brochure-2019 by the University of Jammu for seeking admission to Bachelor of Law (LL.B) three years course and that in the first round writ petition, the learned writ court had rejected the professional degree qualification claim of the appellant and so the appellant was not to be heard on this aspect. 13. The effort on the part of the appellant in convincing the learned writ court about his academic qualification suffering no deficit for admission to the Bachelor of Law (LL.B) three years course failed to convince the learned writ court which held that it is for the University of Jammu to prescribe the requisite qualification and conduct the admission in accordance therewith and as such a decision of an academic body in this regard is not to be interfered with by a constitutional court on principle of Domain Expert. 14. In furtherance of its judgment, the learned writ court came to draw reliance from the judgements of the Hon’ble Supreme Court of India in the case of Rajendra Prasad Mathur Etc. Vs Karnataka University and another, AIR 1986 SC 1448 & A. P. Christians Medical Educational Society Etc Vs Government of Andhra Pradesh and another, AIR 1986 SC 1490 & Basic Education Board, UP Vs Upendra Rai and others, 2008(3) SCC 432 . 15. Vs Karnataka University and another, AIR 1986 SC 1448 & A. P. Christians Medical Educational Society Etc Vs Government of Andhra Pradesh and another, AIR 1986 SC 1490 & Basic Education Board, UP Vs Upendra Rai and others, 2008(3) SCC 432 . 15. The issue presents itself before us purely in its legal context as to whether the appellant’s acquired qualification is not worth for admission to Bachelor of Law (LL.B) three years course-2019 despite having cleared the JUET conducted by the University of Jammu. 16. Before we proceed further, we deem it fit to make review of the eligibility condition prescribed by the University of Jammu for JUET-2019 in the context of Master Degree/Bachelor of Law (LL.B) three years course/B.Lib.I.Sc. & B. P. Ed. and Diploma Programmes in the University of Jammu. 17. First two sets of eligibility required from an aspiring candidate was that a candidate must have (a) passed/appeared in the final year of the qualifying Bachelor’s Degree examination of 10+2+3 pattern (Honours or General) in Arts, Science, Commerce, or Business Administration or (b) passed an examination qualifying for a professional degree of not less than 3 years duration or any other examination recognized as equivalent thereof, from a recognized university/institution with atleast 40% of the aggregate marks or as specified (36% for the Scheduled Caste/Scheduled Tribe candidates). 18. 3rd head of eligibility was in the context that since at one point of time in the then State of Jammu & Kashmir (now UT of Jammu & Kashmir and UT of Ladakh) educational pattern comprised of 10+2+2 (i.e. Matric + Higher Secondary + College) or 10+1+3 pattern with one year bridge course having done, as such, for a candidate possessing qualification of said pattern, the eligibility prescribed for admission to Master Degree/Bachelor of Law (LL.B) three years course/B.Lib.I.Sc. & B. P. Ed. and Diploma Programmes were also prescribed to be as it is subject to aggregate qualifying marks of 40% (36% for the Scheduled Caste/Scheduled Tribe candidates). 19. When we look closely to the aforesaid eligibility criteria, we see that it has two scenarios envisaged; one is of a candidate having 10+2+3 qualification only and other is of a candidate having a professional degree of not less than three years duration or any other examination recognized or equivalent thereof from the recognized university/institution with atleast 40 % of aggregate marks (36% for the Scheduled Caste/Scheduled Tribe candidates). In both cases, a candidate possessing any one of two kind of academic credentials was eligible to seek admission in the Bachelor of Law (LL.B) three years course. 20. Now, assuming for the sake of arguments that the appellant with his 10+Diploma+BE was not meeting the requirement of pattern of 10+2+3 to earn admission for Bachelor of Law (LL.B) three years course, the issue which ought to have been looked into by the University of Jammu and also by the learned writ court is whether the professional degree of the appellant was not good enough for him to be entitled to earn admission in the Bachelor of Law (LL.B) three years course. 21. It is not the case of the University of Jammu that the appellant’s professional qualification of being Bachelor of Engineering with validation from AICTE-UGC is not recognizable in terms of the second scenario of qualification/eligibility requirement prescribed by the University of Jammu for admission to courses as prescribed including the Bachelor of Law (LL.B) three years course. 22. We reckon that the learned writ court in passing the impugned judgment got bogged down by a false impression drawn from the judgement dated 31.12.2019 passed in the first round of litigation in WP(C) no. 2999/2019 between the appellant and the University of Jammu in which the learned writ court had referred the appellant to avail the remedy of an appeal to the University against the decision of denial of admission to him on the basis of his academic qualification status. In this judgement dated 31.12.2019 the learned writ court in para 8 of the judgment made some passing references to the academic status of the appellant in the context of his BE degree in the context of its equivalence but nevertheless the reference so made in para 8 of its judgement by the learned writ court of its judgement dated 31.12.2019 was restricted only to the prima facie level to comprehend the controversy involved in the case before finding it in the fitness of facts to commend the appellant to avail the remedy of an appeal under clause 8 of the statutes governing the Jammu University Entrance Test providing for an appeal to an appellate committee with respect to a grievance regarding admission. 23. 23. It is in this context that the learned writ court in its judgment dated 31.12.2019 had registered its observations are in no manner were to be reckoned by the writ court in later dealing with the writ petition of the appellant addressed against an order of the appellate authority of the University of Jammu whereby the appeal filed by the appellant was dislodged against which the appellant preferred writ petition WP(C) no. 530/2020 in which the impugned judgement has come to be passed. In its impugned judgment in para 10 the learned writ court excused itself from examining the entitlement of the appellant for admission to Bachelor of Law (LL.B) three years course on the basis of his professional examination qualification by repeating the observation as made by the writ court in its judgement dated 31.12.2019. 24. We do not see where from the issue of equivalence of the professional degree of the appellant cropped up, when the appellant’s BE degree was a professional degree of not less than three years duration from recognized University. In the impugned judgment, there is no whisper of reference in the form of a plea from the University of Jammu’s end that the appellant’s BE professional degree from the Vinayaka Missions Research Foundation, Tamilnadu (VMRF) was not a degree as envisaged in the eligibility requirement for admission to Bachelor of Law (LL.B) three years course or that the University granting said BE degree in favour of the appellant was not recognized. To put it into the simple words the appellant’s BE degree was literally dumped to be a waste paper by the University of Jammu and the same treatment seems to have been given by the writ court. 25. We have no reason to discredit/undermine the said professional Bachelor of Engineering degree of the appellant and even the University of Jammu can have no reason to discredit/ undermine the said professional degree of the appellant so long as the said degree amounts to a degree from a recognized university or institution. 26. The appellant is a person who had scored the cut-off marks to find himself in the merit list for admission to Bachelor of Law (LL.B) three years course in the University of Jammu for the JUET-2019. 26. The appellant is a person who had scored the cut-off marks to find himself in the merit list for admission to Bachelor of Law (LL.B) three years course in the University of Jammu for the JUET-2019. The appellant is a holder of professional degree of three years tenure and, as such, was fully meeting the twain for earning the honour of getting himself admitted to Bachelor of Law (LL.B) three years course in the University of Jammu, but still failed in his claim for the reason that the authorities concerned at the end of the University of Jammu in dealing with the admission process were too much focused on 10+2+3 pattern of educational qualification attending the appellant and not seeing the professional degree accreditation of the appellant which was meeting the eligibility prescribed for a holder of the professional degree to venture into Bachelor of Law (LL.B) three years course in the University of Jammu. 27. We would have ventured to deal with the aspect of competence of the University of Jammu as against the domain of the Bar Council of India in exercise of its power under section 7(1)(h) of the Advocates Act, 1961 in the matter of prescribing the eligibility conditions for admission to Bachelor of Law (LL.B) three years course or five years course, but since we find that the appellant in the present case is meeting the eligibility prescribed by the University of Jammu by reference to his professional degree of three years, as such, we are saving an exercise for future to deal with this aspect. 28. We reckon that the University of Jammu as well as learned writ court were off the target in dealing with the case of the appellant in true state of facts and, as such, both erred with a wrong assessment and conclusion at the cost of precious loss of time of the appellant, who by this time would have cleared Bachelor of Law (LL.B) three years course to be with the credit of an engineering graduate with a professional law degree. 29. We, therefore, set aside the judgement of the learned writ court and also quash the impugned decision of the University of Jammu in denying the admission to the appellant for Bachelor of Law (LL.B) three years course. 29. We, therefore, set aside the judgement of the learned writ court and also quash the impugned decision of the University of Jammu in denying the admission to the appellant for Bachelor of Law (LL.B) three years course. Since, the admission for the particular year has been missed out but the call of justice and equity needs to be served in favour of the appellant. We, therefore, direct the University of Jammu to reserve one seat in the forthcoming session of Bachelor of Law (LL.B) three years course for accommodating the appellant, in case he is still willing to pursue for said degree, in the said course without requiring him to undertake the JUET examination as the appellant has otherwise qualified the said examination for the year 2019. With the aforesaid directions, this appeal is disposed of.