IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.NO.6251 of 2007 DATE OF ORDER: 29.2.2008 Ravish Kumar ....Petitioner(s) Versus Haryana Staff Selection Commission and Others .....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Ravi Partap Singh, Advocate for the petitioner. Mr. Mahavir Sandhu, DAG, Haryana for respondents No.1 to 3. Mr. N.R. Dahia, Advocate for respondent No.4. JASWANT SINGH,J This judgment shall dispose of CWP Nos.6251 of 2007, 3534 of 2007, 17390 of 2006, 7194 of 2007 and 7268 of 2007 since common questions of facts and law are involved in these writ petitions. The facts have been taken, with the consent of counsel for the parties, from CWP No.6251 of 2007. CWP No.6251 of 2007 By filing the above mentioned writ petition, the petitioner has prayed, inter-alia, for issuance of directions to the respondents to recognize the diploma in D.Pharm-Diploma in Ayurvedic Pharmacy (Upvaid) issued by Vinayaka Mission's Research Foundation, Salem, Tamil Nadu (Deemed University) for the post of Unani Dispenser (Technical). It has further been prayed that during the pendency of the writ petition, the respondent- Haryana Staff Selection Commission be directed to provisionally interview the petitioner for the post of Unani Dispenser (Technical), governed by the Haryana Ayurvedic, Homeopathic and Unani Technical (Group C), Service Rules, 1997. Facts giving rise to the present writ petition are as under: Respondent No.2- Haryana Staff Selection Commission (For C.W.P.NO.6251 of 2007 #2# short “H.S.S.C”) issued advertisement dated 22.12.2006 (Annexure P.1) inviting applications for various categories of posts in Ayurveda/Unani system of medicines including two posts of Unani Dispenser (Technical) under category No.20. Petitioner was/is a candidate for the said two posts under category No.20. It is necessary to mention here that both these two posts were reserved for Ex-servicemen-general category. Necessary qualifications prescribed for the said two posts of Unani Dispenser (Technical) are as under: “i) Unani Dispenser from any recognised university/Institution or Board or faculty of Indian System of Medicines established by law in India or Upvaid of any recognised Unversity/Institution or Board or faculty of Indian system of medicines established by law in India having knowledge of Urdu. ii) Matric or its equivalent iii) Knowledge of Hindi or English upto matric standard;” Petitioner having passed D-Pharm Diploma in Ayurvedic Pharmacy (Upvaid) issued by Vinayaka Mission's Research Foundation, Salem, Tamil Nadu (Deemed University) (hereinafter to be referred as “V.M.R.F”) through Baba Mast Nath, University applied for the said post of Unani Dispenser invited vide advertisement dated 22.12.2006 (relevant extract at Annexure P.1). He was allotted Roll No.002 and was invited for interview scheduled to be held on 20.4.2007 (Annexure P.4). However, petitioner was not interviewed due to the reason that diploma held by the petitioner is not recognized by the Departmental Service Rules. It is necessary to mention here that V.M.R.F has been declared to be a deemed university under Section 3 of the University Grants Commission Act, 1956 by the Government of India, Ministry of Human Resource Development, Department of Secondary and Higher Education vide notification dated 1.3.2001 (Annexure P.3). Hence the present writ petition. This Court while issuing notice on 1.5.2007, directed that the petitioner be provisionally interviewed but made it clear that the same shall not give any right to the petitioner for selection. Respondents No.1,2 & 4-UGC upon notice have filed their separate written statement. Respondent No.3-Director, Ayurveda C.W.P.NO.6251 of 2007 #3# Department, Haryana has, however, not filed reply. It is stated by the H.S.S.C in their reply that it had, vide its letter dated 5.10.2006, requested the Director, Ayurveda Department, Haryana-respondent No.3 to intimate whether the candidates like the petitioner possessing the aforesaid diplomas were eligible for the said post of Dispenser Ayurveda and in response, a letter dated 19.10.2006 (Annexure R.2/1) was received from respondent No.3 informing the Commission that Baba Mast Nath University does not exist in the State of Haryana and V.M.R.F, which is a deemed university, is also not recognized by the Departmental Recruitment Rules, 1997, therefore, in view of the said qualification, the candidature of the petitioner has been rejected. Petitioner placed on record documents Annexures P.5 to P.7 through Civil Miscellaneous No.11291 of 2007, which has been allowed vide order dated 23.7.2007. State counsel, on 18.12.2007 had placed on record a letter dated 14.12.2007 from UGC (respondent No.4) addressed to respondent No.3-Director Ayurveda Department. The said letter was taken on record vide order dated 18.12.2007. Petitioner further filed an affidavit dated 27.2.2008 by way of Civil Miscellaneous No.3715 of 2008 in compliance of order dated 18.12.2007 and also filed documents Annexures P.8 to P.13, which have been taken on record vide separate order dated 29.2.2008. Petitioner in his affidavit dated 27.2.2008 has admitted that he is a diploma holder of D.Pharm in Ayurvedic Pharmacy (Upvaid) from VMRF (Deemed University), Salem, Tamil Naidu through Baba Mast Nath Ayurved College Asthal-bohar, Rohtak, Haryana, sponsoring body of Sh. Baba Mast Nath University, Raipur, Chhatisgarh. He has further averred that Hon'ble Supreme Court of India in its judgment dated 11.12.2005 reported as 2005(5), SCC, 420 titled Professor Yashpal and Another v. State of Chhatisgarh and others, ordered sudden closure of all private Universities at Chhatisgarh and that for existing students, the Hon'ble Supreme Court passed the following orders, (as extracted from para 64 of the judgment): “In order to protect the interests of the students who may be actually studying in the institutions established by such private C.W.P.NO.6251 of 2007 #4# universities, it is directed that the State Government may take appropriate measures to have such institutions affiliated to the already existing State universities in Chhattisgarh. We are issuing this direction keeping in mind the interest of the students and also Sections 33 and 34 of the Act, which contemplate dissolution of the sponsoring body and liquidation of a university whereunder responsibility has to be assumed by the State Government.” It is further petitioner's case that the students of out-of- state/off-state campus at Asthal-bohar, Rohtak, Haryana were shifted/migrated to VMRF-Deemed University vide Certificate at Annexure P.10. Petitioner further relied on the letter dated 11.3.1975(Annexure P.2) and letter dated 29.9.1978 (Annexure P.13) to canvass that those degrees or diplomas, which are recognized by Government of India, will also be recognized by the Government of Haryana. As stated hereinabove, vide order dated 18.12.2007, this Court had taken on record a letter dated 14.12.2007 issued by UGC, New Delhi wherein it is mentioned that VMRF, a Deemed University, is not competent to affiliate any College/Institute and clause 2 of the said letter is reproduced hereunder for ready reference: “Question: Whether Sh. Baba Mast Nath Ayurvedic College, Rohtak is affiliated by the Vinayaka Mission Research Foundation, Deemed University, Salem, Tamilnadu (Madras) for awarded the Diploma of Ayurvedic Pharmacy (Up-vaid). If yes, the documentary proof to this effect may kindly be supplied? Reply: Deemed Universities are not permitted to affiliate any college/Institute” We have heard learned counsel for the parties and perused the record carefully. The main point involved in these cases is “whether the diplomas held by the petitioners can be considered to be recognized for the purpose of appointment to the post of Unani Dispenser (Technical)/ Dispenser Ayurveda as per the advertisement, annexed in all the writ petitions. It is an admitted fact by the petitioner(s) that he/they have C.W.P.NO.6251 of 2007 #5# completed his/their D-Pharm Diplomas in Ayurvedic Pharmacy (Upvaid) from VMRF (Deemed University), Salem, Tamil Naidu by undertaking studies from out of state campus situated at Sh. Baba Mast Nath Ayurved College Asthal-Bohar, Rohtak, Haryana sponsoring body of Sh. Baba Mast Nath University, Raipur, Chhattisgarh. It is further not disputed that as per notification dated 1.3.2001 (Annexure P.3), VMRF is a Deemed University and further a perusal of undated Certificate (Annexure P.10) annexed with affidavit dated 27.2.2007 reveals that VMRF has certified that Baba Mast Nath Ayurvedic and Sanskrit Shikshan Sansthan Trust at Asthal Bohar, Rohtak is an Approved Information Centre of Faculty of Distance Education. Further, it has not been controverted that as per letter dated 14.12.2007 of the UGC, New Delhi, Deemed Universities like VMRF, are not permitted to affiliate any College/Institution to impart education. It is further clear from the relevant extract of para 64 (reproduced hereabove) of the judgment of Hon'ble Supreme Court in Professor Yashpal Singh's case (supra), that consequent upon the closure of private universities, State Government of Chhattisgarh was directed to take appropriate measures to have such institutions affiliated to the already existing State Universities in Chhattisgarh provided they fulfilled the requisite norms and standards laid down for such purpose. Therefore, in pursuance of this direction of the Hon'ble Supreme Court, the institution namely Sh. Baba Mast Nath Ayurvedic and Sanskrit Shikshan Sansthan Trust at Asthal Bohar, Rohtak sponsoring body of Sh. Baba Mast Nath University, Raipur, Chhatisgarh, in the event of closure of Sh. Baba Mast Nath University, Raipur, Chhattisgarh, was required to be affiliated with the already existing state universities in Chhattisgarh, and admittedly the said institution was never affiliated to any of the universities already existing in the State of Chhattisgarh. It is relevant to mention here that Sh. Baba Mast Nath University, Raipur was established vide notification issued by the Government of Chhattisgarh dated 13.10.2003 in exercise of power conferred in Sub Section 1 of Section 5 of Chhattisgarh Niji Kshetra Vishwavidhyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 (2 of 2002) (as amended in 2004) for extension of higher/technical education in the C.W.P.NO.6251 of 2007 #6# State of Chhattisgarh. The Hon'ble Supreme Court in Professor Yashpal Singh's case (supra) has declared Sections 5 & 6 of the Act (ibid) as ultra vires and the gazette notification inviting the universities, including Sh. Baba Mast Nath University, Raipur, Chhattisgarh were quashed. The reliance of the petitioner on the instructions/letter dated 11.3.1975 and letter dated 29.9.1978 (Annexures P.12 and P.13), which lay down that degrees and diplomas, which are recognized by the Government of India ipso-facto are also recognized by the State of Haryana, is also of no assistance to the petitioner as the diplomas held by the petitioner has not been shown to be recognized by the Government of India or awarded by the recognized universities legally permitted to have out of state/off-state study centre, as the one involved in the present case. The UGC vide its letter dated 14.12.2007 has categorically laid down that the Deemed Universities like VMRF University are not competent to affiliate other college/institutes for imparting education. Further reliance of the petitioner on the judgment and decree dated 22.10.2007 (Annexure P.8) passed by the Civil Judge, Rohtak is also of no help to them as suit of the plaintiffs was decreed and mandatory injunction was granted in their favour and directions were given to VMRF to issue DMCs and degrees/diplomas to the students as stated in para 10 of the plaint within one month but that direction does not make the DMCs and Degrees/Diplomas held by the petitioners, to be considered as recognized by the respondents herein as per their Departmental Recruitment Rules and the Advertisement. Further reliance has been placed on a judgment of Hon'ble Supreme Court in Raipur University v. State of Chhattisgarh, 2005(7), SCC, 330. A careful reading of the above cited judgment, at best, could give a right to the Baba Mast Nath Ayurved College, Asthal-Bohar, Rohtak, Haryana, a study centre/sponsoring body of Baba Mast Nath University, Raipur, which was closed down in pursuance of the directions of the Hon'ble Supreme Court in Professor Yashpal Singh's case (supra) to seek affiliation, if otherwise eligible with any other university, which had/has jurisdiction and was/is empowered under the relevant rules and regulations and other provision of law applicable to the said university to grant affiliation. This course has not been adopted by the institute(s) C.W.P.NO.6251 of 2007 #7# situated at Rohtak, instead affiliation as a centre of distant education has been obtained from VMRF (Deemed University), which does not help the cause of the petitioner. Therefore, the judgment is of no assistance to the petitioner. No fault can be found with the action of the respondents. CWP No.17390 of 2006 In this writ petition, there are 16 writ petitioners belonging to the Ex-servicemen Category/SC-A, SC-B,BC-A,BC-B and general category. They are diploma holders of D-Pharm in Ayurvedic Pharmacy (Upvaid) issued by V.M.R.F through Baba Mast Nath Ayurved College, Asthal-bohar, Rohtak, Haryana. The petitioners were candidates for 114 posts of Dispenser in Ayurvedic Department in Category I advertised vide advertisement No.4/2006 on 5.5.2006 (Annexure P.3). Petitioners have challenged the letter dated 28.10.2006 (Annexure P.2) vide which their candidature has been cancelled on the ground that they are not eligible and have further prayed for quashing of the selection/result of the said post declared on 27.10.2006 (Annexure P.1). The petitioners herein were the students of diploma in Ayurvedic Pharmacy (Upvaid) during the earlier sessions of erstwhile Baba Mast Nath University but were later on transferred/adjusted as students of V.M.R.F, a deemed university and as such, they appeared in the examination conducted by V.M.R.F and therefore, result was declared on 24.5.2006. The selected candidates, however, have not been impleaded in the writ petition. The qualification prescribed for the post of Dispenser Ayurveda in 1997 Rules are as under: “i) Up-Vaidya from any recognised University/Institution of Board or Faculty of Indian System of Medicine established by law in India and recognised by the Government. ii) Matric or its equivalent iii) Knowledge of Hindi and English upto Matric standard. OR (i) Diploma in Ayurvedic Pharmacy from any recognized University/Institution or Board or Faculty of Indian System of Medicine established by law in India and recognized by the Government. (ii) 10+2 examination should be passed with Physics, Chemistry & Biology; C.W.P.NO.6251 of 2007 #8# (iii) Knowledge of Hindi and English upto Matric standard.” CWP No.3534 of 2007 In this writ petition, four petitioners, who are also writ petitioners in afore mentioned petition bearing CWP No.17390 of 2006, have laid challenge to the advertisement dated 22.12.2006 (Annexure P.1) vide which 30 posts of Dispenser (Ayurveda) have been advertised and the action of the Haryana Staff Selection Commission in cancelling their candidature being ineligible on the ground that the qualifications possessed by them are not recognized under the Haryana Ayurvedic Homeopathic & Unani Technical (Group-C) Rules 1997. The petitioners herein were the students of diploma in Ayurvedic Pharmacy (Upvaid) during the earlier sessions of erstwhile Baba Mast Nath University with campus at Asthal- Bohar, Rohtak but were later on transferred/adjusted as students of V.M.R.F, a deemed university. The qualification prescribed for the post of Dispenser Ayurveda are reproduced hereabove in CWP No.17390 of 2006. CWP No.7194 of 2007 The petitioner has challenged the advertisement dated 22.12.2006 vide which 30 posts of Dispenser (Ayurveda) have been advertised and the action of the Haryana Staff Selection Commission in cancelling their candidature being ineligible on the ground that the qualifications possessed by them are not recognized under the Haryana Ayurvedic, Homeopathic & Unani Technical (Group-C) Rules 1997. The petitioners herein were the students of diploma in Ayurvedic Pharmacy (Upvaid) during the earlier sessions of erstwhile Baba Mast Nath University with campus at Asthal-Bohar, Rohtak but were later on transferred/adjusted as students of V.M.R.F, a deemed university. The qualification prescribed for the post of Dispenser Ayurveda are reproduced hereabove in CWP No.17390 of 2006. CWP No.7268 of 2007 The petitioner has prayed for quashing of action of the Haryana Staff Selection Commission whereby he has been declared ineligible for the 114 posts of Dispenser (Ayurveda) advertised vide advertisement dated 5.5.2006 (Annexure P.3) and further prayed for quashing the result of the said posts declared on 27.10.2006 (Annexure P.1) on the ground that the qualifications possessed by them are not recognized under the Haryana C.W.P.NO.6251 of 2007 #9# Ayurvedic, Homeopathic & Unani Technical (Group-C) Rules 1997. The petitioners herein were the students of diploma in Ayurvedic Pharmacy (Upvaid) during the earlier sessions of erstwhile Baba Mast Nath University with campus at Asthal-Bohar, Rohtak but were later on transferred/adjusted as students of V.M.R.F, a deemed university. The qualification prescribed for the post of Dispenser Ayurveda are reproduced hereabove in CWP No.17390 of 2006. In view of the facts and circumstances of the abovesaid cases and the aforesaid discussion, there is no merit in the petitions and the same are dismissed with no order as to costs. Interim directions directing the respondents to provisionally interview the petitioners in all the writ petitions stand automatically vacated and there is no need to declare the result of the petitioners and the respondents are at liberty to take further steps to fill up the posts as per rules. ( JASWANT SINGH ) JUDGE February 29, 2008 ( JASBIR SINGH ) manoj JUDGE