The main legal point established in the judgment is that the University Grants Commission cannot refuse to issue a certificate of passing the NET test to a candidate based on the equivalence of a certificate/degree with a postgraduate degree, when the concerned university has already accepted and declared the certificate/degree as equivalent.

R.D. Dhanuka, J.

1. By this petition filed under Article 226 of the Constitution of India, petitioner seeks a writ of mandamus directing the University Grants Commission and Secretary General, Association of Indian Universities, respondent Nos.2 and 3 herein, to issue certificate of passing National Eligibility Test (N.E.T.) for Lecturer in favour of the petitioner in view of the implied recognition by University Grants Commission since 1976 and the petitioner having passed the N.E.T. held in July, 2000. Petitioner also seeks a writ of certiorari, inter alia, praying for quashing and setting aside the letter dated 4th September, 2006, addressed by the University Grants Commission declaring the petitioner as disqualified in the N.E.T. held on 2nd July 2000 on the ground that the petitioner had not fulfilled the minimum eligibility condition laid down for the test i.e. of Diploma/Degree in Sangeet Alankar from Akhil Bharatiya Gandharva Mahavidyalaya Mumbai was not equated with Post Graduate degree of any Indian Universities.

2. The petitioner has also prayed for an order and direction to the respondent Nos.1 to 3 to recognize the certificate of Sangeet Alankar granted by respondent No.7 as equivalent for the purpose of qualifying N.E.T. for Lecturer and directing the respondent No.7 to get certificate of course conducted by it for Sangeet Alankar recognised as equivalent to M.A. by following requisite procedure contemplated by respondent Nos.2 and 3 and equivalent to M.A. in Music. Some of the relevant facts for the purpose of deciding this petition are as under:

3. Some time in the year 1985 the petitioner passed S.S.C. examination. She passed H.S.C. Examination in the year 1987 and secured First Class. She joined the undergraduate course in Music known as "Sangeet Visharad" conducted by Akhil Bharatiya Gandharv Mahavidyalaya Mandal Mumbai, respondent No.7 herein. She completed the said course by November 1989 in Second Class. It is the case of the petitioner that she thereafter completed postgraduate in Music i.e. Sangeet Alankar by November 1993 in Second Division with respondent No.7. It is the case of the petitioner that the State of Maharashtra has recognized the certificates awarded by the respondent No.7 for the first time in the year 1962 by passing a resolution / recognition letter dated 24 January 1962.

4. By the said Resolution, the State Government had granted recognition to the certificates of Sangeet Alankar and Sangeet Visharad awarded by respondent No.7 for the purpose of appointment of Lecturer in educational institutions in Maharashtra State.

5. In so far as the area of Marathwada is concerned, it had only one University at Aurangabad which was Marathwada University. By an ordinance issued under the provisions of the Marathwada University Act, 1974, the then University had prescribed minimum qualification for teacher in Indian Music to teach undergraduate students in which Second Class Master's degree of Indian Music from any of the institutions named in the said Ordinance clearly prescribing Sangeet Alankar under the head of "Name of Degree and the Name of Institution" shown was Gandharva Mahavidyalaya Mandal, Bombay/Pune.

6. It is the case of the petitioner that the said Marathwada University had clearly recognized the said postgraduate certificate in Music i.e. Sangeet Alankar issued by respondent No.7 as equivalent to postgraduate degree. The said Marathwada University was later on renamed as Dr. Babasaheb Ambedkar Marathwada University. The said Dr. Babasaheb Ambedkar Marathwada University also had equated the course of other institutions or other Universities including the qualification of Sangeet Visharad and Sangeet Alankar granted by respondent No.7 with B.A. and M.A. respectively.

7. Prior to 1994, Swami Ramanand Teerth Marathwada University. Nanded was established. The State Government had issued an order directing that statutes, ordinances, regulations and rules made by Dr. Babasaheb Ambedkar Ma