L.P.A.No.1746 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.5284 of 2010 in/and L.P.A.No.1746 of 2010 Date of Decision:- 09.02.2011 Braham Shakti ....Appellant. vs. Kurukshetra University and others ....Respondent(s) *** CORAM:HON'BLE MR.JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Vivek Sharma, Advocate, for the appellant. Mr.G.S.Sidhu, Advocate, for respondents No.1 and 2. *** C.M.No.5284 of 2010 For the reasons mentioned in the application, the delay of 13 days in filing the appeal is condoned. C.M.stands disposed of. L.P.A.No.1746 of 2010 This appeal has been preferred by a candidate seeking admission in M. Tech. Course (Instrumentation Engineering) who has been denied admission on the ground that he does not fulfil the qualifications as per the Equivalency Book of the Kurukshetra University, Kurukshetra. Earlier, the writ petition preferred by him was disposed of on 26.10.2010 by the learned Single Judge by granting him liberty to approach the University to claim relief of admission on the basis of instructions dated 30.7.2010, L.P.A.No.1746 of 2010 -2- reliance whereupon was made by the appellant with a further direction that the University will pass a fresh order with regard to his eligibility. The appellant has instead preferred the present appeal. The contention of the counsel for the appellant is that the appellant had after 10+ 2 pursued his studies and passed A & B of AMIETE (Graduateship) examination of the Institute of Electronics and Telecommunication Engineers, New Delhi, in Electronics and Telecommunication. The appellant applied in response to the announcement for admission in M.Tech. Course (Instrumentation Engineering) by Kurukshetra University. Admit card was issued to him and he was allowed to take the test for admission. The appellant secured 44 marks out of 100 marks and was placed at Sr.No.22 under the Backward Class A category, as per the result of the competition declared by the University. The appellant was surprised to find his name missing in the list of probables. He approached the respondent-University when he came to know that the qualification possessed by him was not being treated as equivalent to B.Tech./B.E. in Electronics Communication Engineering (ECE) resulting in his name not being included in the list. He contends that he fulfills the requisite qualification for admission to M.Tech. Course but has been denied admission illegally. His contention is that AMIETE Graduateship Certificate issued by the Institute of Electronics and Telecommunication Engineers, New Delhi, is equivalent to graduation and the said certificate has also been recognized by the Central Government for recruitment to the Services and several State Governments have also recognized the same. He contends that the respondent-University has illegally rejected his candidature, accordingly, he prays for admission to L.P.A.No.1746 of 2010 -3- the M.Tech. Course. On the other hand, counsel for the respondent-University contends that as per the Rules and Regulations provided in the Ordinance and Calendar of the University, the equivalence of (Indian/Foreign) Examinations/Degrees/Diplomas is found in the Equivalency Book. Under the same, Graduateship obtained from Institute of Electronics and Telecommunication Engineers, New Delhi, is to be treated as equivalent to B.Sc. (Engineering)/B.Tech Course in Electronics and Telecommunication Engineering for the purpose of admission to M.Tech. Course. The said Graduateship examination of the Institute should have been obtained after degree of B.Sc. (non-medical) which the petitioner does not possess as he has passed the Graduateship after 10+2. On this basis, counsel prays for dismissal of the appeal. We have heard counsel for the parties and gone through the records of the case. Equivalence of the qualification and the eligibility for admission to a course is not the domain of the Court to ordinarily venture into. It is best left to the academicians, experts and concerned institutions/ Authorities. It is the Kurukshetra University, Kurukshetra in the present case. It is not in dispute that the appellant has passed A & B of AMIETE (Graduation) examination of the Institute of Electronics and Telecommunication Engineers, New Delhi, in Electronics and Telecommunications after 10+2. The appellant is seeking admission in M.Tech. (Instrumentation Engineering) in Kurukshetra University. The admission to the said course would, thus, be governed by the University Calendar/Ordinance which in the Equivalency Book provides for the L.P.A.No.1746 of 2010 -4- equivalence of (Indian/Foreign) Examinations/Degrees/Diplomas. The examination of the other Universities to be equated with examinations of the Kurukshetra University requires them to fulfil the criteria of equivalence as laid down in the Equivalency Book. Sr.No.77 of this Equivalency Book deals with the examinations conducted by the Institution of Electronics and Telecommunication Engineering, New Delhi which reads as follows:- _________________________________________________ “ Sr.No. Examinations of Examination of other Universities Kurukshetra University _________________________________________________ 77. Institution of Electronics and Telecommunication Engineers, New Delhi—110 003 1. Graduateship As equivalent to B.Sc (Engg.)/ B.Tech. Course in Electronics & Communication, for the purposes of admission to M. Tech. Course in Electronics & Communication and the Instrumentation Engineering of this University with the following conditions: 'A Pass in the graduateship Ex- amination of the Institution of Electronics and Tele- communication Engineers with at least 55% marks in aggregate (50% for SC/ST) after having obtained the degree of B.Sc. (Non- Medical) or State Diploma of 3-years duration in L.P.A.No.1746 of 2010 -5- Electronics OR Tele- communication OR Diploma/ Certificate recognised by the Ministry of Education and Social Welfare.” A perusal of the above would show that the examination passed by the appellant in order to treat it to be equivalent to B.Tech./B.E. in Electronics Communication Engineering for admission to M.Tech. Course in Instrumentation Engineering of the University requires it to have been passed after having, obtained the degree of B.Sc. (non-medical) which admittedly the appellant does not possess. Reference at this stage would neither be out of context nor would it be unjustified but would be a relevant fact that the basis and requirements of equivalency as enumerated at Sr.No.77 of the Equivalency Book is not under challenge in the case in hand. If that be so, the claim as made by the appellant for admission to M.Tech. Course cannot be granted. No interference is, thus, called for by this Court in the present appeal and the same stands dismissed. ( RANJAN GOGOI ) ( AUGUSTINE GEORGE MASIH ) ACTING CHIEF JUSTICE JUDGE February 9th , 2011 poonam