HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. : 2216 of 2007. Alongwith CWP No. : 2279 of 2007. Decided on: 25.9.2008. CWP No.2216 of 2007 Babu Ram and others ……… Petitioners. Versus State of H.P. and another ………Respondents. CWP No.2279 of 2007 Virender Kumar and others ……… Petitioners. Versus State of H.P. and others ………Respondents. Coram: The Hon’ble Mr.Justice Deepak Gupta, Judge. The Hon’ble Mr.Justice V.K. Ahuja, Judge. Whether approved for reporting? No. For the petitioners: Ms.Jyotsna Rewal Dua, Advocate. (in both the petitions) For the respondents (in CWP No.2216 of 2007) & For respondents No.1 and 2 (in CWP No.2279 of 2007): Mr.R.M. Bisht, Deputy Advocate General. Whether reporters of local newspapers may be allowed to see the judgment? Yes. - 2 - Deepak Gupta, J (Oral): Both these writ petitions are being disposed of by a common judgment as similar questions of law and fact are involved in these petitions. The petitioners in both the petitions have qualified their diplomas in Art and Craft from Janardan Rai Nagar Rajasthan Vidyapeeth, (hereinafter referred to as ‘the Vidyapeeth’), a deemed University. The main dispute is whether these diplomas obtained by the petitioners are to be recognized or not. This dispute has been going on for the last many years. Initially, the stand of the University was that the Vidyapeeth was running these courses without obtaining any permission from the University Grants Commission (UGC for shot) and, therefore, the diplomas awarded by the Vidyapeeth had no legal sanction. The UGC considered this matter in its meeting held on 30th June, 2006 and a decision was taken that keeping in view the interest of the innocent students admitted in the various courses from 1st June, 2001 to 31st August, 2005, it granted one time approval to cover the students admitted during 1st June, 2001 to 31st August, 2005. This decision is conveyed in the letter, dated 3rd July, 2006, and the relevant portion of the letter reads as follows: “The Chairman, UGC constituted a Committee to consider the request of Sri Janardan Rai Nagar Rajasthan Vidyapeeth, Udaipur for ex-post-facto approval of the courses through Distance Education Mode started till the year 2005. The Committee held its meeting in the UGC office on 30th June, 2006 and also interacted with the representatives of Sri Janardan Rai Nagar Rajasthan Vidyapeeth, Udiapur. After examining all the aspects regarding one time ex-post-facto approval to Sri Janardan Rai Nagar Rajasthan Vidyapeeth, Udaipur for the students admitted in various courses from 1st June, 2001 to 31st August, 21005 as also keeping in view the future of a large number innocent students, the Committee recommended one-time ex-post-facto approval for the students admitted under the distance education mode by Sri Janardan Rai Nagar Rajasthan Vidyapeeth, Udiapur from 1st June, 2001 to 31st August, 2005 subject to strict compliance and fulfillment of the following conditions: - 3 - 1. The one time approval will cover students admitted between 1st June, 2001 and 31st August, 2005 only subject to the condition that Sri Janardan Rai Nagar Rajasthan Vidyapeeth, Udaipur shall ensure that it has permission of relevant Statutory Bodies or Councils wherever necessary. 2. Only such students shall be considered for regularization who fulfill the eligibility conditions, prevalent in other universities and prescribed by the statutory authorities for the courses they have been admitted. Non-eligible candidates shall be offered alternative courses according to their eligibility or the entire fee shall be refunded by the Vidyapeeth along with the compensation claimed. The Deemed University shall publish a list of eligible and valid students admitted during 1st June, 2001 and 31st August, 2005 indicating:………………………………………………” The grievance of the petitioners is that they fulfill all the other essential requirements for undertaking the diploma, but the diploma which was issued after 31.8.2005 is not being recognized by the State of Himachal Pradesh even though they were admitted to the said courses before 31.8.2005. The petitioners have challenged the decision of the Director of Elementary Education, Himachal Pradesh contained in the letter, dated 21st June, 2007, of the Under Secretary (Elementary Education), which reads as under: “I am directed to say that the matter regarding recognition of the diploma awarded by the ‘deemed’ universities through extension centres was under consideration of the Government for some time. The matter has been examined carefully and after due consideration, it has been decided to give the recognition to all such diploma awarded by ‘DEEMED UNIVERSITIES’ during the period 1.6.2001 to 31.8.2005 for the purpose of employment under the state Government.” Vide annexure P-4, the State has directed that this decision will also be applicable to teachers appointed by Parent-Teachers Association. Ms.Jyotsna Rewal Dua, learned counsel for the petitioners, has contended that the respondents have misconstrued the letter as well as the decision of the UGC. The UGC has taken a conscious decision that ex post facto - 4 - approval would be granted to all students, otherwise eligible, who had been admitted in the Vidyapeeth between 1st June, 2001 to 31st August, 2005 and she contends that it appears that by mistake in the decision of the respondents, it has been directed that the diploma should have been awarded within this period. Prima facie, there appears to be substance in the arguments of Ms.Dua. The decision of the UGC is absolutely clear that one time ex post facto approval was granted to cover the students admitted between 1st June, 2001 and 31st August, 2005. Obviously, the students who had been admitted just before 31st August, 2005 could not have obtained their diploma before the said date. They would have to wait for one year or two years to obtain the diplomas. This aspect seems to have escaped the attention of the respondents. We, therefore, dispose of these petitions with a direction to the Principal Secretary (Education), to the Government of Himachal Pradesh to reconsider the matter in the light of the letter of the UGC and then take a conscious decision as to whether this letter should be applicable only to the students who have been awarded diplomas during 1st June, 2001 to 31st August, 2005 or to those students who had been admitted by the deemed University during this period as per that decision of the UGC. The Principal Secretary (Education), to the Government of Himachal Pradesh is directed to pass a reasoned order within two months from the receipt of the copy of this order. The interim directions shall continue till the decision is taken by the respondents. Needless to say that in case the decision goes against the petitioners, they shall be at liberty to approach this Court. With the aforesaid observations, both the writ petitions are disposed of. - 5 - In view of the final disposal of the main petitions, all the pending miscellaneous applications in both the writ petitions shall also stand disposed. (Deepak Gupta), Judge. (V.K. Ahuja), September 25, 2008. Judge. (TILAK)