CW 8883/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.8883/2006 Ravindra Kumar Versus University of Rajasthan & Ors. Date of Order ::: 23/04/09 Hon'ble Mr. Justice Ajay Rastogi Mr. NS Chauhan, for petitioner Dr. YC Sharma, for respondent University Mr. Sumit Vishnoi for Mr. Bharat Vyas, for respondent-UGC Question raised for consideration in instant petition is as to whether petitioner is eligible to seek admission in LL.B. Course based on his qualifications of Under-graduate Degree (B.A. External-(Ann.3) & Post-Graduate Degree (M.A. (Hindi)(Ann.6) awarded respectively by Kakatiya University Warangal (Andhra Pradesh) & Osmania University, Hyderabad, which are the Universities established under statute. Petitioner passed out Matriculation (Ann.1) in March, 87 & Senior Secondary Certificate Examination (Ann.2) in November, 1990 from Board of School Education, Haryana. He further acquired qualifications of Under-Graduate Degree (B.A. (External) May/June, 1999 (Ann.3) & Post Graduate Degree (M.A. (Hindi) April, 2001 (Ann.6) awarded respectively by Kakatiya University Warangal (AP) & Osmania University, Hyderabad; and both the Kakatiya & Osmania CW 8883/06 //2// Universities are established under a statute. He also acquired a Degree of Bachelor in Journalism & Mass Communication in June, 2002 (Ann.7) awarded by Vardhman Mahavir Open (Erstwhile Kota Open) University, Kota. Petitioner took admission in 1st year LL.B. in Babu Shobharam Government Arts College, Alwar in academic session, 2005-06 based on his marks secured in Post-Graduate Examination, April, 2001 (Ann.5) and deposited requisite fees vide receipt (Ann.9). After completion of study in 1st year, he was issued permission letter/ admission card bearing Roll No.295 (Ann.11); accordingly appeared in LL.B. (1st year) examination commenced from 31/05/2006 – result whereof was declared on University's Website on 30/09/06 from which it revealed that he has cleared Eight out of Nine papers and was eligible for 2nd year LL.B. Course but formal result was not declared and mark-sheet of LL.B. (1st year) was not issued to him and upon inquiry from University's officials, he was informed that his mark sheet was withheld by University. Despite his best efforts, none has informed as to why mark-sheet has been withheld and why he is not being permitted to join regular classes of 2nd year LL.B. However, after various representations CW 8883/06 //3// made to respondent University, finally legal notice dt.03/11/06 (Ann.13) was served on respondents (University & College) praying therein for formal declaration of his result of 1st year LL.B., and admission in 2nd year LL.B.; but on being not responded, he approached this Court by way of instant petition. Vide order dt.21/05/07, petitioner was allowed to prosecute the studies. However, vide order dt.03/09/07, respondent University was directed to clarify as to whether degrees granted by Kakatia University, are recognised or not; but aforesaid order was not complied with and matter was adjourned for one reason or the other. However, vide order dt.28/01/09, this Court finally directed respondent University to make clarification as to when Degree obtained by petitioner was recognised or de-recognised by the University; when did the University Grants Commission (“UGC”) recorded them to recognise as a valid degree; and when was the decision taken by University not to recognise the degree as equivalent despite recommendations of UGC; and further directed to inform as to when the decision was taken to recognised the degree in question awarded by concerned University as valid degree as indicated in Equivalence of Examination CW 8883/06 //4// Booklet published by University of Rajasthan updated upto March, 2008. Counsel for petitioner has filed certain affidavits alongwith documents (Ann.14 to 17) including letter dt.30/06/99 (Ann.14) of UGC whereby it was informed that candidates who have completed their B.A., under one sitting during the year 1998-99 may be treated as valid and at par with other degrees of the Universities for all purposes including admission to Higher degrees and employment; and further observing therein (Ann.14) that any University violating UGC decision would be viewed seriously. Despite UGC decision (supra) (Ann.14), petitioner's Degree of B.A. External) under one sitting during May-June, 1999 (Ann.3) awarded by Kakatiya University was not considered by respondent-University as equivalent to Under- graduate Degree of this University. But at the same time, Under-graduate degree under one sitting awarded by Osmania University Hyderabad was declared as equivalent by respondent University to its Under-graduate degree – on the basis whereof, two students similarly situated alike petitioner were permitted to prosecute their higher studies - specific reference whereof has been made by petitioner in additional CW 8883/06 //5// affidavit dt.17/12/08 in para 5 that one Virendra Singh who passed B.A. (External) (one sitting) from Osmania University, Hyderabad in the year 1998-99, was given admission in LL.B. Course by respondent-College in the year 2005-06 and duly enrolled by respondent University bearing No.05/ 132804 & completed his LL.B. Course in June, 2008 as is evident from mark-sheets (Ann.20 & 21). Similarly, Dharampal Jyotishi did his B.A. (one sitting) from Osmania University in 1991-92; based on which, was also given admission in M.A. (Public Admn.) by respondent University as non-collegiate; and was awarded Post-Graduate Degree (M.A.) in the year 1999 followed by his admission as Research Scholar and on having completed course, Ph.D. Degree was awarded by respondent-University as is evident from mark- sheets (Ann.22 to 24). On aforesaid premise, CWP-4599/2006 was filed by Manjit Singh who was denied enrollment in LL.B. course as he also did B.A., in one sitting) from Osmania University, which was decided on the premise that the Syndicate has finally approved B.A. In one sitting from Osmania University as equivalent to Under-graduate degree of respondent University. As regards petitioner, under direction of CW 8883/06 //6// this Court, his case was placed before Deans' Committee convened on 31/01/09 which finally resolved that Under-graduate degree in one sitting of Kakatiya University, Warangal is not equivalent to corresponding B.A. examination of University of Rajasthan, as is evident from minutes of meeting annexed with additional affidavit dt.09/02/09. Sole case set up by respondent-University in its reply inter-alia averring in para 5 is that under Ord.252 read with Syndicate resolution NO.9 dt.18/07/1994 that candidates having passed B.A. Examination under 10+2+3 pattern were eligible to take admission in LL.B. 1st year and since petitioner has passed B.A. (External) in one sitting by Kakatiya University which is not equivalent to Under-Graduate degree of University of Rajasthan; and accordingly was not eligible to seek admission in LL.B Course. University of Grants Commission (UGC) was impleaded as party respondent under order of this Court dt.08/10/07. Counter affidavit has been filed on behalf of the UGC on 09/04/09 and in paras 16 & 17 whereof, it has been specifically averred that since petitioner had obtained B.A. Degree in one sitting from Kakatiya University on 27/08/99 under academic session 1998-99, the same CW 8883/06 //7// has to be treated as a valid degree for all purposes in terms of Circular dt.14/03/97 issued to all Universities (produced by petitioner as Ann.15). It has also been averred by the UGC in the affidavit that notifications/instructions/ circulars/guidelines & regulations issued by UGC are of binding nature and shall prevailed over decision of State authorities including State Universities in the eventuality of conflict on any issue. I have considered rival contentions of Counsel for the parties and with their assistance, examined material on record. It is not in dispute that both, Kakatiya & Osmania Universities are established under statute enacted by State legislatures. Respondent University of Rajasthan is also set up under University of Rajasthan Act (“University Act”). Syndicate is a statutory body U/s 21 of University Act and it discharges statutory functions as provided U/s 22 being relevant for present purpose in regard to examinations being covered by S.22(k) of University Act which envisages ad infra: “22. Subject to such conditions as may be prescribed by or under the provisions of this Act, the Syndicate shall exercise following powers and perform CW 8883/06 //8// the following functions, namely : (k) to maintain proper standards of teaching and examination in consultation with the academic council; and Academic Council is constituted U/s 23 and discharges its functions as provided U/s 23A of University Act and as provided U/s 23A(2)(vii), academic council has to advise the Syndicate regarding equivalence of examinations and recognition of the examinations of other bodies. S.23A(1) & (2)(vii) reads ad infra: “23A.(1) The Academic council shall have control and general regulation of and be responsible for the maintenance of the standards teaching and examination within the University. (2) Without prejudice to the generality of the foregoing provision and subject to such conditions as may be prescribed by or under the provisions of this Act, the academic council shall exercise the following powers and perform the following functions, namely : (vii) to advise the Syndicate regarding equivalence of examinations and recognition of the examinations of other bodies.” The Syndicate under its powers exercised on the advise of academic council grants equivalence to corresponding examinations of this University as referred to in Chapter XL & Regulation 44-F, where Kakatiya University, Warangal is referred at S.No.48, which reads ad infra: Regulation 44-F : The following CW 8883/06 //9// examinations of the under-mentioned Universities have been recognised as equivalent to the corresponding examinations of the University as shown against each, subject to the provisions of the foregoing Regulation 44-D: S.NO. Name of Examination Equivalent Examination of other Universities of this University 48. Kakatiya University Warangal 1. All the degree & 1. All the degree & Post Graduate Examinations Post Graduate Exam. 72. Osmania University, Hyderabad 3.All Post Graduate, 3. All Post Graduate Degree & Intermediate Degree & Intermediate 4.Diploma in French/ 4. Diploma in French/ German/Russian German/Russian 5.B.A. (External) 5. B.A No material has been placed on record by University on the basis of which it can be inferred that decision of Syndicate granting equivalence to all Degrees & post-graduate degrees awarded by Kakatiya University as referred to in Chapter XL & Regulation 44-F (supra), at a later point of time either have been superseded or amended. What has been placed on record is that matter was placed before Deans' Committee in the meeting held on 31/01/2009 and it was opined that Under-graduate degree in one sitting from Kakatiya University is not CW 8883/06 //10// equivalent to Under-graduate Degree of University of Rajasthan; and such recommendations of Deans' Committee was approved by Vice Chancellor. But under University Act, competence to grant equivalence of examinations vests with Syndicate whose functions U/s 22(k) is to maintain proper standards of teaching & examination in consultation with the academic Council; while function of Academic Council U/s 23A(2)(vii) is to advise the Syndicate regarding equivalence of examinations and recognition of examinations of other bodies; thus it is the function of Syndicate - a statutory body to take final decision with regard to equivalence of its examination. There is nothing on record to show that matter was ever placed before academic council or to the Syndicate in terms of provisions contained in Sections 22(k) & 23A(2) (vii) at any point of time and equivalence duly granted to all degrees & post-graduate degree awarded by Kakatiya & Osmania Universities at a later point of time was ever superseded or amended or de-recognised by Syndicate which is only the statutory authority under University Act for purposes of equivalence to examinations of other Universities vis/a/vis degrees awarded by University of Rajasthan. O.252 of University CW 8883/06 //11// Ordinance being relevant for admission to LL.B. (1st Yr) provides ad infra: “O.252. (1) A candidate who has taken the Bachelor's or the Master's degree in Arts/Science/Commerce/Medicine /Engineer/Nursing/Agriculture or the Degree of Shastri/Acharya or the Degree of Ayurvedacharya/Ayurveda Brahaspati of this University or of any other University recognised for the purpose by Syndicate with full course prescribed for the degree & secured a minimum of 45% marks (excluding any concessional marks) in the aggregate marks prescribed for the examination for the aforesaid degree shall be eligible for admission to LL.B. First Year Course: Provided that not more than 20% of the total seats in LL.B. First Year shall be reserved for the candidates who will become eligible on the basis of Master's degree as defined above. N.B.:- (i) For the purpose of this Ordinance, marks of only those subjects/ papers shall be taken into account which had been considered for awarding division at Bachelor's/Master's Degree examination. (ii) Candidates who have passed their qualifying examination with full course in one attempt or in parts or as a private candidate or by correspondence will also be eligible for admission to the LL.B. First year course class provided they secure minimum percentage of marks as prescribed above. CW 8883/06 //12// Note:- From the session 1991-92, candidates who have obtained Bachelor's Degree of 10+2+3 pattern only or those have passed one year Pre-post graduate examination after obtaining a Bachelor's degree of 10+1+3 pattern shall be considered eligible for admission.” Under proviso to Ord.252 (supra), a candidate is also eligible to seek admission on the basis of Bachelor's degree or Master's degree and 20% seats of LL.B. (1st year) are reserved for candidates who are eligible on the basis of Master's degree. Petitioner has specifically averred in para 5 of the petition that he was admitted in LL.B. (1st year) course against 20% seats reserved on the basis of Master's Degree examination and this has not been controverted by respondent University in their reply, as well. As regards his qualification of Masters' Degree from Osmania University, no objection has been raised by respondent University that it is not equivalent for purposes of admission to LL.B. Course. Counsel for respondent University laid a stress upon Note to Ord.252 (supra), which stipulates that from academic session of 1991-92, only such candidates having obtained Bachelor's CW 8883/06 //13// Degree of 10+2+3 pattern or those having passed one year Pre-post graduate examination after obtaining a Bachelor's degree of 10+1+3 pattern shall be considered eligible for admission. Suffice it to say that admission in LL.B. Course which indisputably is also Under-graduate degree made from two sources - (1) Bachelor's Degree holders & (2) 20% seats are reserved for post- graduate degree holders, as well. Note to Ord.252 (supra), in the opinion of this Court, will be relevant for those students who are seeking admission on the basis of their Under-graduate qualification. But at the same time, those candidates seeking admission based on their post- graduate qualification (Master's degree) for whom 20% seats are reserved under proviso to Ord.252 (supra), Note appended to Ord.252 (supra) will have no application. As regards grant of equivalence of under- graduate/post graduate degrees, ofcourse powers are vested with the Syndicate in taking decision under relevant statute (supra) but it should always be in conformity with the recommendation of University Grants Commission (“UGC”) which has been established under University Grants Commission Act, 1956 (“UGC Act”), acts as a statutory body for co-ordination & determination CW 8883/06 //14// of standards in Universities. As per S.2(f), “University” means a University established or incorporated by or under a Central Act, a provincial Act or a State Act, and includes such institutions for higher studies as declared by UGC U/s 3 being deemed to be a university, and is also considered as University U/S 2(f) of UGC Act; which alone holds right to confer degrees as referred to in S.22 of UGC Act. Functions of UGC are defined U/s 12 of UGC Act and to regulate its functions, UGC can make its own Rules & regulations in exercise of powers U/Ss 25 & 26 of the UGC Act and for purposes of defining minimum standards of instructions for grant of any degree by any University, and for regulating maintenance of standards and co-ordinate of work or facilities in Universities, certainly regulations can be framed by UGC U/s 26(f) & (g) of UGC Act. The UGC sent a letter (Ann.19) in Feb. 2007 to the Registrar of respondent University in regard to controversy raised by petitioner and directed that the degree of candidates who have completed their B.A. (under one sitting) during the year 1998-99 (i.e. Upto June, 1999) be treated as valid and at par with other degrees of the Universities for all purposes including CW 8883/06 //15// admission to higher degrees and alongwith it (Ann.19), the UGC also annexed its Circulars dt. 14/03/97 & 30/06/1999, having been produced by petitioner as Ann.15 & Ann.14 alongwith rejoinder to the reply. Vide Circulars (Ann.14 & 15) the UGC clarified its position that various representations were received raising their objection with respect to validity of Bachelor's degree in one sitting from recognized University and it was strongly recommended by the UGC in its letter dt.30/06/99 (Ann.14) that such candidates having completed their Bachelor's degree (under one sitting) during the year 1998-99 may be treated as valid and at par with other degrees of Universities otherwise, in case of violating this decision, it would be seriously viewed by UGC. It appears that since respondent University was not treating petitioner's Bachelor's degree under one sitting completed in May-June, 1999 (Ann.3) as valid and at par holding him to be eligible for admission to LL.B. Course in terms of recommendations of the UGC vide letter dt.30/06/99 (Ann.14) and accordingly petitioner raised his grievance – in response whereof, the UGC sent a letter in February, 2007 (Ann.19) to Registrar of respondent-University reiterating and holding that the degree which the CW 8883/06 //16// petitioner obtained under one sitting during the year 1998-99 be treated as valid degree and at par with other degrees of Universities for all purposes including admission to higher studies in terms of Circulars dt.30/06/99 (Ann.14). Question arises that if degree is awarded /conferred by University duly established by statute, can still require any recognition from any other University. Such a question was considered by Apex Court in Dr. BL Asawa Vs. State of Rajasthan (AIR 1982 SC 933) and it was observed ad infra: “11. The University of Bihar at Muzaffarpur is one duly established by statute and it is fully competent to conduct examinations and award degrees. The Degree of Doctor of Medicine (Forensic Medicine)- M.D. (Forensic Medicine)-of the University of Bihar is included in the Schedule to the Indian Medical Council Act, 1956 as a degree fully recognised by the Indian Medical Council which is paramount professional body set up by statute with authority to recognise the medical qualifications granted by any University or Medical Institution in India. A Post-graduate Medical Degree granted by a University duly established by statute in this country and which has also been recognised by the Indian Medical Council by inclusion to the Schedule of the CW 8883/06 //17// Medical Council Act has ipso facto to be regarded, accepted and treated as valid throughout our country. In the absence of any express provision to the contrary,such a degree does not require to be specifically recognised by other Universities in any State in India before it can be accepted as a valid qualification for purpose of appointment to any post in such a State.” Taking note of judgment (supra), Division Bench of this Court also examined scope of S.23-A of University Act & O.257 of University Ordinances; and observed ad infra:- “11. The Court referred to provision of Section 23A and Clause (vii) of Ordinance nO.65 of the Rajasthan University stated :- “The declaration of “equivalence” or recognition referred to in Section 23-A of the Rajasthan University Act as well as in clause (vii) of Ordinance No.65 of the Rajasthan University Ordinances can only be in respect of qualifications other than basic or Post-graduate degrees awarded by other statutory Indian Universities in the concerned subjects. In the case of a Post-graduate degree in the concerned subject awarded by a statutory Indian University, no recognition or declaration of equivalence by any other University is called for.” “..In the absence of any express CW 8883/06 //18// provision to the contrary, such a degree does not require to be specifically recognised by other Universities in any State in India before it can be accepted as a valid qualification for purpose of appointment to any post in such a State.” “12. Thus, as per the aforesaid decision any degree or diploma or post graduate degree granted by any University set up under a statute in India anywhere has to be accepted as a valid qualification for any purposes where such qualification is required and that cannot be ignored.” In view of what has been observed by Apex Court and this Court (supra), once degree or diploma or post graduate degree being conferred/awarded by University duly set up under a statute in India anywhere, has to be accepted as a valid qualification for all purposes. In instant case, question relates to grant of equivalence of examination, for which Syndicate is a statutory body constituted under University Act has granted equivalence to all degrees/post-graduate degrees awarded by Kakatiya University, certainly on the advise of academic council as referred to in details (supra), being in consonance with recommendations of the UGC & subsequent decision conveyed to petitioner on the CW 8883/06 //19// aid and advice of Deans' committee approved by Vice Chancellor of respondent University, in the opinion of this Court, has got no legal sanctity, which is neither empowered nor vested with authority to either grant or revoke equivalence to the degrees awarded of other Universities. Constitution of Deans' Committee as provided U/Ord.331 of University Ordinances as referred to in Chapter XL (Equivalence of Examinations) in University's Hand Book Part-II Vol.III is only for the purposes of making preliminary investigation but finally equivalence could be granted on the advise of academic council as provided U/s 23A(2)(vii) of University Act by the Syndicate in exercise of its statutory functions in terms of S.22(k) of University Act; and in absence of any decision of Syndicate to the contrary, non-consideration of petitioner for admission to LL.B. Course by respondent- University under the garb of Ord.252 could not sustain, and deserves to be set aside. Consequently, writ petition succeeds and is hereby allowed. Petitioner based on his qualifications mentioned in foregoing paras is declared eligible for admission in LL.B. Course having been taken in respondent-College pursuant to his application form/requisite fees (Ann.8, 9, CW 8883/06 //20// & 10) which is made absolute. Respondents are directed to declare results of his participation in LL.B. Examinations pursuant to admission card (Ann.11) and permit him to prosecute & complete his studies of LL.B. Course as provided under law. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.20/8883CW06RsrApr23.doc