IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition PIL No. 41 of 2009 Krishna Tilara. ………. Petitioner Versus Kumaon University & others. ..………. Respondents Mr. Shobhit Saharia, Advocate for the petitioner. Mr. B.D. Upadhyaya, Advocate for respondent No. 1. Mr. V.B.S. Negi, Asst. Solicitor General for respondent No. 2. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C. J. (Oral) Section 22 of The University Grants Commission Act, 1956 (hereinafter referred to as the said “Act”) authorises a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under Section 3 of the said Act or an institution specially empowered by an Act of Parliament to confer or grant only such degrees, which have been specified by the University Grants Commission by notification in the official gazette, with the previous approval of the Central Government. In the present Public Interest Litigation, petitioner has brought to the notice of this Court that the respondent University has admitted students in the course known as Bachelor in Visual Arts (BVA). It has been stated that Bachelor in Visual Arts is not a notified degree and, accordingly, the University could not enroll any student to impart education for the purpose of entitling him to obtain such degree. 2. The University has contended that University Grants Commission, in April, 2001, held out that Bachelor of Fine Arts courses will, henceforth, be called as Bachelor in Visual Arts and, accordingly, the University has enrolled students for imparting education for obtaining degree of Bachelor in Visual Arts. University Grants Commission has filed an affidavit and, thereby, has stated that, as yet, the University 2 Grants Commission has not notified a degree by the name Bachelor in Visual Arts. 3. In such view of the matter, the University is incompetent to confer or grant a degree of Bachelor in Visual Arts to any of its students. From the report of the Curriculum Development Committee on Visual Arts of April, 2001, relied upon by the University, it appears that the present Fine Arts basically deal with visual aspects of Arts, though Institutions / Universities are offering a Visual Art subject as one of the optional subjects at graduation level. In other words, Visual Art subject is one of the subjects for obtaining Bachelor’s Degree in Fine Arts. But despite that, it has been held that present Arts is basically dealing with visual aspects of Arts. In those circumstances, it was recommended that Bachelor of Fine Arts course will, henceforth, be called as Bachelor in Visual Arts. In other words, the proposal was to alter the nomenclature of Bachelor’s Degree in Fine Arts into Bachelor’s Degree in Visual Arts. 4. That being the situation and there being no dispute that Bachelor’s Degree in Fine Arts is one of the notified degrees, we dispose of the writ petition by directing the University to confer or grant degree of Bachelor in Fine Arts to all those students, who have been enrolled by the University for pursuing the course of Bachelor in Visual Arts. (V.K. Bist, J.) (Barin Ghosh, C. J.) 21.07.2011 21.07.2011 G