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2017 Supreme(Pat) 702
IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH, J.
Manoj Kumar – Petitioner
Versus
The Union of India through the Secretary, Department of Higher Education, Ministry of Human Resources Development and Others – Respondents
Civil Writ Jurisdiction Case No. 19107 of 2015
Decided On : 20-04-2017
For the Petitioner: Mr. Rajesh Mohan.
For the Respondents: Mr. S.D. Sanjay, Mr. Tuhin Shankar, Ms. Parul Prasad, Mr. Deepak Kumar and Mr. Vipin Kumar.
The requirement of declaration by AIU for the purpose of equivalence of P.G. Diploma qualification with P.G. Degree is statutory in character, as per the UGC Regulations.
Headnote:
Equivalence - University Grants Commission - UGC-NET, AICTE, AIU - UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges - [UGC-NET, AICTE, AIU, UGC Regulations]
Fact of the Case:
The petitioner holds a 2-year Post-Graduate Diploma in Personnel Management and Industrial Relation (P.M.I.R.) from Lalit Narayan Mishra Institute of Economic Development and Social Change, Patna. The University Grants Commission (UGC) declared the petitioner disqualified for UGC-NET for Lecturership, citing lack of equivalence of the diploma with Master's degree of recognized Indian Universities.
Finding of the Court:
The court found that the requirement of declaration by AIU for the purpose of equivalence of P.G. Diploma qualification with P.G. Degree is statutory in character, as per the UGC Regulations. Consequently, the P.G. Diploma (P.M.I.R.) qualification of the petitioner cannot be held to be equivalent to P.G. Degree. The communication, dated 09.09.2014, does not require any interference.
Issues: The main issue was whether the petitioner's Post-Graduate Diploma is equivalent to a Master's Degree as required for UGC-NET eligibility.
Ratio Decidendi: The court held that the requirement of declaration by AIU for equivalence is statutory in character, as per the UGC Regulations. The petitioner cannot question the eligibility conditions prescribed in the notification after having participated for the test.
Final Decision: The application seeking recall of the order imposing cost was dismissed, and the communication declaring the petitioner disqualified for UGC-NET was upheld.
I.A. No. 2915 of 2015
1. This interlocutory application has been filed, seeking recall of the order, dated 04.04.2017, whereby this Court had imposed cost of Rs. 50,000/- to be deposited by the University Grants Commission in the account of Bihar State Legal Services Authority, Patna.
2. I have perused the contents of the said interlocutory application. The order, dated 04.04.2017, speaks for itself. I do not find any cogent explanation justifying delay in filing of the counter affidavit, which caused immense inconvenience in disposal of this case.
3. I.A. No. 2915 of 2015 is accordingly dismissed.
4. However, in view of the submission made by Mr. S.D. Sanjay, learned Additional Solicitor General, time, till 02nd May, 2017, is allowed to comply with the said order, dated 04.04.2017.
CWJC No. 19107 of 2015
5. Heard learned Counsel for the parties concerned.
6. The short facts are not in dispute. The petitioner has passed his 2-year Post-Graduate Diploma in Personnel Management and Industrial Relation (hereinafter referred to P.M.I.R.) from Lalit Narayan Mishra Institute of Economic Development and Social Change, Patna, (for brevity, L.N.M.I.), in the academic sessions 1999-2001. The L.N.M.I. it is being claimed, is an autonomous institution of Government of Bihar and is permanently affiliated to the Magadh University, Bodh Gaya.
7. The petitioner had appeared for University Grants Commission National Eligibility Test (hereinafter referred to as “UGC-NET”) for Lecturership held in June, 2013 and passed the said test successfully.
8. He is aggrieved by a communication, dated 09.09.2014, issued by the University Grants Commission (hereinafter referred to U.G.C.), whereby he has been declared to be disqualified for UGC-NET for Lecturership, held on 30.06.2013, on the ground that Association of Indian University (in short, A.I.U.) has not accorded equivalence to the said post-graduate diploma of P.M.I.R. with Master's degree of recognized Indian Universities.
9. In view of the submissions, which have been advanced on behalf of the parties, it would be apt to quote the entire communication, through the said letter, dated 09.09.2014, which is Annexure-3 to the writ application, as under:
“Shri Manoj Kumar
S/o Shri Vishwanatha Ram
18, Vastu Ganga Colony, Gola Road,
Danapur, Patna - 801 503
Bihar
Roll No. 49170061
Subject: Management Subject: UGC-NET for Junior Research Fellowship (JRF) and Eligibility for Assistant Professor held on 30th June 2013
Dear Candidate,
You were declared provisionally qualified in the UGC-NET held on 30th June, 2013 for eligibility for Assistant Professor, subject to fulfillment of eligibility conditions prescribed for UGC-NET. On scrutiny of your documents, it is found that you have obtained PG Diploma in Personnel Management and Industrial Relations awarded by Lalit Narayan Mishra Institute of Economic Development & Social Change, Patna.
You are hereby informed that the Association of Indian Universities (AIU) has not accorded equivalence to the above mentioned course pursued by you with Master's degree of recognized Indian universities.
Therefore, UGC regrets to declare you as disqualified in the UGC-NET held on 30.06.2013.”
(Emphasis mine)
10. The petitioner claims that the said institute (L.M.N.I.) is run by the Department of Education, Government of Bihar and aided by the Ministry of Human Resource Development, Government of India, and the Ministry of Human Resource Development has granted approval/ recognition to various courses of L.N.M.I. The All India Council for Technical Education, New Delhi (hereinafter referred to A.I.C.T.E.) is said to have accorded the approval to various courses run by L.N.M.I. including the post-graduate diploma in P.M.I.R. It is his further case that the A.I.C.T.E. has accorded equivalence of said post-graduate diploma in P.M.I.R. with M.B.A. for various sessions, including the session 1999-2001.
11. These facts are not in dispute.
12. This is also not in dispute that the A.I.U.
