Pooja Kumari and Others vs University of Rajasthan and Others

Mohammad Rafiq, J—Since the question arises for consideration in these writ petitions is common, therefore, they were heard together and are being decided by this common order.

All these writ petitions have been filed by petitioners, who have been debarred from appearing in B.Ed. Examination on the ground that the Degree of Graduation obtained by them, on the basis of which they got admission, is not recognized equivalent to Graduation Degree of the University of Rajasthan.

Learned counsel for petitioners submitted that petitioner in Writ Petition No. 7552/2015 did her B.A. Degree course from Sridhar University, Pilani, District Jhunjhunu, which was established by enactment of the Rajasthan State Legislature and recognized by university Grants Commission under the provisions contained in U.G.C. Act, 1956; petitioner in Writ Petition No. 9951/2015 did his B.A. Degree course from the University of Rajasthan but could not secure 45% marks, thereafter he did his M.A. (English) with first division from Manav Bharti University, which was established by Act No. 22 of 2009 of State Legislature of Himachal Pradesh as State Private University, which is empowered to award degree by the University Grants Commission; petitioner in Writ Petition No. 927/2015 did his Graduation from Y.G.N. College, Vigyan Nagar, Kota, which is recognized by the Eastern University for Integrated Learning in Management University, Sikkim, which is recognized by the UGC; petitioner in Writ Petition No. 973/2015 did his Graduation (B.Sc.) from Singhania University, established under Section 2(f) of UGC Act, 1956; petitioner in Writ Petition No. 9896/2015 did his Graduation (B.Sc.) from Jodhpur National University in the academic year 2013-14; petitioner in Writ Petition No. 9897/2015 did his B.A. Course from the Institute of Advanced Studies in Education (Deemed University), Gandhi Vidya Mandir, Sardar Sahar, established under Section 3 of the UGC Act, 1956; petitioner in Writ Petition No. 9898/2015 did his B.A. Degree course from the University of Rajasthan but could not secure 45% marks, thereafter he did his M.A. from Jodhpur National University, Jodhpur, in the year 2013; petitioner in Writ Petition No. 9821/2015 did her B.A. Course from the Institute of Advanced Studies in Education (Deemed University), Gandhi Vidya Mandir, Sardar Sahar, established under Section 3 of the UGC Act, 1956; petitioner in Writ Petition No. 6849/2015 did her Bachelor of Commerce from Jodhpur National University in Academic Year 2013-14, and petitioner in Writ Petition No. 7178/2015 did her Bachelor of Commerce from Jodhpur National University in Academic Year 2013-14.

Learned counsel for petitioners argued that all the aforesaid Universities have been recognized under the University Grants Commission Act, 1956, by the Government of India. In the case of Institute of Advanced Studies in Education, it is contended that it is a deemed University as per Notification - MMHRD No. F9-29/2000-U-3, Government of India. The Jai Narain Vyas University has conducted P.T.E.T. Examination for B.Ed. course, and they thoroughly scrutinized the application-forms of the petitioners while permitting them to appear in P.T.E.T., and allotted to petitioners various colleges in the State of Rajasthan, as per their choice and merit. After such allotment of colleges, petitioners paid entire fee to such colleges and studied the B.Ed. course for full duration throughout the year. Now, suddenly when the examinations are round the corner, the respondent University of Rajasthan has refused to grant them permission to appear in the B.Ed. examination citing aforesaid reason.

Learned counsel for petitioners submitted that all the petitioners were admitted to B.Ed. course after qualifying P.T.E.T. The respondents, having permitted the petitioners to appear in P.T.E.T., and admitted them to study the B.Ed. Course, are now estopped by doctrine of promissory estoppel from questioning their eligibility. Petitioners have also relied on Circular dated 09.04.2015 of the University of Rajasthan, signed by the Deputy Registrar, Academic-II, which was on the subject of Equivalence of Examinations passed by the candidates. The said Circular provides that equivalence of examinations passed by the candidates from other Institution/Universities may be examined before granting them admission in the college to avoid difficulty to the students and such cases may be forwarded immediately to the University. The equivalence cases should be dealt by 31st August of every session beyond which no case will be dealt. The respondents ought to be therefore directed to allow the petitioners to appear in the B.Ed. Examination.

Learned counsel for petitioners have produced for perusal of the court the information dated 01.09.2011 with regard to Manav Bharti University Solan HP, obtained under Right to Information Act from the University Grants Commission. The query was whether its Doctoral/Degree/Diploma programmes are approved for Govt. Job as well as for higher studies? The reply was that Yes, if degrees/diploma programmes are pursued in regular mode from the main campus of the University.

Learned counsel for the respondent University have submitted that Degrees, on the basis of which, petitioners were admitted to B.Ed. course, are not recognized as equivalent to corresponding Degrees awarded by the University of Rajasthan. They have, in this connection, made a reference to Ordinance 330 of Chapter XL, which provides that applications from the Universities, Boards or other Agencies conducting examinations for recognition of their examinations as equivalent to the corresponding examinations of the university, shall be considered by the Equivalence Committee. Learned counsel have referred to Regulation 44D, according to which a candidate passing the Bachelor''s Degree examination of any University recognized for the purpose by the Syndicate under R. 44F, infra, as a private candidate be deemed eligible for admission to various higher courses of study in the University in the Faculties of Arts, Commerce, Law and Education. Regulation 44-F provides that the examination of Master of Advertising & Communication Management conducted by Institute of Advanced Studies in Education (Deemed University), Sardar Sahar, has been recognized as equivalent to the examination of MJMC of the University of Rajasthan.

In the instructions issued even by the Jai Narain Vyas University, Jodhpur, it is clearly mentioned that in the first instance the candidate has to determine his/her own eligibility to appear in PTET as there may be no checking of eligibility of candidates by the university at the stage of appearance in the test. The appearance at the test will be at candidate''s own risk and responsibility and it will not confer any right upon the candidate to be admitted to B.Ed. course in case he/she is subsequently found to be ineligible for admission to PTET or B.Ed. Course. The candidate should read the rules as well as general instructions very carefully and comply with the same, failing which his/her admission to B.Ed. Course may be cancelled. Non-eligible candidates should not appear in the PTET.

It is argued that the communication sent to each of the candidates of college allotment, also contains stipulation to the effect that admission would be subject to eligibility criteria, verification and approval of their documents and credentials by the concerned, at the time of reporting at the allotted college. It was further advised that before depositing the fee candidate should ensure that he/she is fulfilling the eligible criteria and his/her graduation or post graduation result has been declared on or before 30.07.2014.

I have given my anxious consideration to rival submissions and perused the material on record.

Argument of petitioners is that in the first place the respondent University ought to examine the equivalence of Degrees of petitioners granted by different Universities/deemed Universities and secondly even if such equivalence was not determined, this exercise should have been completed before August, as per above-referred to Circular, which was not done.

Petitioners were given admission only after they qualified PTET-2014, which test was conducted by Jai Narain Vyas University, Jodhpur. Argument of petitioners'' counsel that after petitioners cleared the PTET-2014, they were allotted different colleges, where they deposited the fee and studied the B.Ed. course for full duration of the year, is not disputed. Now suddenly when the examinations are scheduled to take place in this month, the respondent University has withheld the permission to appear in the B.Ed. examination on the premise that Degree of Graduation possessed by them, is not recognized as equivalent to the Degree awarded by the respondent University of Rajasthan.

However, at the same time, the respondent University is not in a position to contend whether the process of getting such Degree examined from their Equivalence Committee for the purpose of determining the question of equivalence with the corresponding Degree of their University has been undertaken or not. Since the examinations are now scheduled to take place on 06.08.2015, it is deemed appropriate to direct the respondent University of Rajasthan to have the Degrees of Graduation/Post-graduation possessed by the petitioners from various Universities/deemed Universities examined from the Equivalence Committee so as to determine their equivalence within six weeks under intimation to the petitioners. The petitioners may in the meantime be permitted to appear in the B.Ed. examination, however, subject to the decision so arrived at by the Equivalence Committee. If the petitioners are aggrieved of such decision taken adverse to them, they may again approach this court. For such of the petitioners, whose Degrees have been found equivalence to the Degrees of the respondent University, the respondents shall declare the result of B.Ed. examination.

With that direction, all the writ petitions are disposed of. This also disposes of stay applications.

Since this disposes of bunch of ten writ petitions, office to place a copy of this order on record of each file of the bunch.