1. Dispute regarding the validity of a Ph.D. degree from an Open University as an essential qualification for appointment to academic posts in non-government colleges. (Para 2 , 3 , 4 )
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2018 Supreme(SC) 599
SUPREME COURT OF INDIA
S.A. BOBDE, L. NAGESWARA RAO, JJ.
ABDUL MOTIN - APPELLANTS
VERSUS
MANISANKAR MAITI & ORS. ETC. - RESPONDENTS
C.A. No.4667-4675 of 2018 (@ SLP(C) Nos.11708, 25129-25131, 13663, 18396-18397 of 2015)
Decided on : 02-05-2018.
Advocates:
Advocate Appeared:
For the Petitioners: Mr. Jaideep Gupta, Mr. Kunal Chatterji, Ms. Maitrayee Banerjee, Mr. Saurav Gupta, Mr. Rauf Rahim, Mr. Gaurav Jain, Ms. Abha Jain, Adv
For the Respondents: Mr. Jaideep Gupta, Mr. Kunal Chatterji, Ms. Maitrayee Banerjee, Mr. Saurav Gupta, Mr. R.K. Gupta, Mr. A.K. Singh, Mr. Shekhar Kumar, Mr. Suhaan Mukerji, Ms. Astha Sharma, Mr. Vishal Prasad, Mr. Amjid Maqbool, Mr. Amit Verma, Mr. Chanchal Kumar Ganguli, Mr. Anip Sachthey, Ms. Anjali Chauhan, Ms. Ria Sachthey, Mr. Avijit Bhattacharjee, Mr. Gaurav Jain, Ms. Abha Jain, Mr. Apoorv Kurup, Mr. A.C. Boxipatro, Adv.
Advocate Appeared:
For the Petitioners: Mr. Jaideep Gupta, Mr. Kunal Chatterji, Ms. Maitrayee Banerjee, Mr. Saurav Gupta, Mr. Rauf Rahim, Mr. Gaurav Jain, Ms. Abha Jain, Adv
For the Respondents: Mr. Jaideep Gupta, Mr. Kunal Chatterji, Ms. Maitrayee Banerjee, Mr. Saurav Gupta, Mr. R.K. Gupta, Mr. A.K. Singh, Mr. Shekhar Kumar, Mr. Suhaan Mukerji, Ms. Astha Sharma, Mr. Vishal Prasad, Mr. Amjid Maqbool, Mr. Amit Verma, Mr. Chanchal Kumar Ganguli, Mr. Anip Sachthey, Ms. Anjali Chauhan, Ms. Ria Sachthey, Mr. Avijit Bhattacharjee, Mr. Gaurav Jain, Ms. Abha Jain, Mr. Apoorv Kurup, Mr. A.C. Boxipatro, Adv.
A Ph.D. degree conferred by an Open University is equivalent to one from a conventional university for appointments, as UGC regulations and standards apply equally to both types of institutions, ensuring parity in academic qualifications.
Headnote:
EDUCATION - University Education - Ph.D. degree - University Grants Commission Act (3 of 1956) - Section 12 & Netaji Subhas Open University Act (19 of 1997), Section 5 - Ph.D. degree conferred by open university and formal conventional university must be treated at par for purpose of appointment in non-governmental colleges, as both degrees having been issued under uniform standards prescribed by U.G.C. Act of 1956. [2015 (4) Cal HN 598, Reversed].
LABOUR & SERVICES - Appointment - Post of Principal in non-governmental college - Petitioner candidate seeking appointment on ground of having obtained Ph.D. degree from regular university as against recommended candidate who obtained degree from Open University - Degrees obtained from Open University or regular university have to be treated at par - Recommended candidate not attaining age of superannuation - Petitioner candidate even if appointed would have retired meanwhile - Candidature of recommended candidate was directed to be considered for appointment.
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Table of Contents
2. Whether a Ph.D. degree from an Open University is equivalent to one from a conventional university for the purpose of academic appointments. (Para 3 , 4 , 7 )
3. The UGC Act and its regulations apply uniformly to both open and conventional universities to ensure coordination and maintenance of minimum educational standards. (Para 13 , 14 , 15 )
4. Ph.D. degrees issued by Open Universities and conventional universities must be treated at par when issued under uniform standards prescribed by the University Grants Commission Act. (Para 14 , 16 )
5. Appeals allowed and High Court judgments set aside; directions issued to recommend candidates for appointment based on the equivalence of Open University degrees. (Para 11 , 17 , 19 )
6. Are degrees from Open Universities equivalent to those from conventional universities for academic appointments?
Yes, provided the degrees are awarded in conformity with UGC notifications. The UGC Act's provisions and regulations for maintaining standards apply equally to both open and conventional universities. (Para 14 , 15 , 16 )
7. Does the UGC Act apply differently to Open Universities compared to traditional Universities?
No, the UGC Act was enacted for coordination and determination of standards in universities, and its provisions and regulations are binding on all universities, whether conventional or open. (Para 14 )
8. What is the legal status of degrees awarded by recognized Open and Distance Learning (ODL) institutions?
Degrees, diplomas, and certificates awarded by recognized ODL institutions in conformity with UGC notifications are treated as equivalent to corresponding awards from traditional universities. (Para 15 , 16 )
ORDER :
C.A. Nos.4667-4668/2018 (@ SLP(C) Nos.8497-8498/2015), C.A. No.4669/2018 (@ SLP(C) No.11708/2015) and C.A. No.4670/2018 (@ SLP(C) No.13663/2015)
1. Leave granted.
2. The West Bengal College Service Commission (for short, the ‘Commission’) prepared a panel for the post of Principal of Non-Government Colleges affiliated to the Universities of the State of West Bengal. In the said panel, Dr. Nandan Bhattacharya ranked first, Dr. Abdul Motin stood second and Dr. Mani Shankar Maity stood third. Since Dr. Bhattacharya refused to accept the offer of appointment for the said post, the Commission recommended the name of Dr. Abdul Motin who ranked second in the panel for appointment as Principal. Thereafter, two writ petitions were filed separately – one by Dr. Mani Shankar Maity and another by Dr. Abdul Motin.
3. In Writ Petition being W.P. No.20024(w) of 2012, Dr. Mani Shankar Maity challenged the acceptability of the Ph.D degree granted by the Netaji Subhas Open University as an essential academic qualification for the post of Principal. According to him, Dr. Motin who ranked second in the panel was an ineligible candidate as his Ph.D degree which he obtained from Netaji Subhas Open University, cannot be accepted as a valid Ph.D degree by the Commission. Dr. Maity contended that since first empanelled candidate viz., Dr. Nandan Bhattacharya having refused to accept the offer for his appointment for the post of Principal, and the second empanelled candidate viz., Dr. Motin being ineligible, he should be appointed as Principal by the Commission.
4. On the other hand, in Writ Petition being W.P. No.10296(w) of 2013, Dr. Abdul Motin sought direction to the concerned Authority for appointing him to the Post of Principal as he ranked second in the panel and the first empanelled candidate viz., Dr. Nandan Bhattacharya refused to accept the appointment for the said post.
5. Learned Single Judge of the High Court allowed the writ petition filed by Dr. Maity, and held inter alia that Ph.D degree obtained by Dr. Motin from Netaji Subhas Open University cannot be accepted as a valid Ph.D degree for the post of Principal and accordingly, a direction was given to recast the panel for the post of Principal. The writ petition filed by Dr. Motin was dismissed by the learned Single Judge for an identical reason. The learned Single Judge made it clear that Dr. Motin whose Ph.D degree was conferred by Netaji Subhas Open University did not hold equivalent qualification to that held by Dr. Maity because Ph.D degree of the latter was conferred by Calcutta University which is a formal conventional university.
6. Being aggrieved, Dr. Motin preferred two appeals being MAT No.1068 of 2014 and MAT No.20007 of 2014 before the Division Bench of the High Court. The Division Bench dismissed the said appeals with a direction that selection process may be concluded in the light of the judgment and order passed by the learned Single Judge subject to the condition as imposed by it vide the impugned order. Hence, these appeals by special leave being preferred by Dr. Abdul Motin and the other appellant i.e. the Registrar, Netaji Subhas Open University.
7. The only issue that arises in the instant appeals is whether a Ph.D degree conferred by an Open university under the NETAJI SUBHASH OPEN UNIVERSITY ACT , 1997, and a Ph.D degree conferred by a regular University ought to be treated differently for the purpose of appointment for the post of Principal/Lecturer/Reader etc., in the non-government colleges where such Ph.D degree is an essential qualification.
8. We have heard learned counsel appearing for the parties and perused the record.
9. At this stage, we might note as a matter of fact that Dr. Mani Shankar Maity who ranked third and was proposed to be appointed as Principal in pursuance of the judgment/s of the High Court, would have retired in January, 2018, even if he had accepted the appointment in pursuance of the said judgments of the High Court. Thus, there is no
