IMPORTANT POINT
The court established that UGC regulations on simultaneous degree pursuit were not retroactively applicable, validating the petitioner’s Ph.D. degree.

JUDGMENT :

Kausik Chanda, J.

The petitioner contends that he belongs to the OBC-A category and holds a B.A. (Hons) in Bengali, a B.A. in Education, and a Postgraduate Degree in Education. He completed his M.Phil in Education from Rabindra Bharati University, with the written examination held in January 2009, the final examination in April 2011, results published on May 20, 2011, and the certificate issued on May 15, 2012.

2. In the year 2010, he enrolled for a Ph. D. degree at C.M.J. University, Meghalaya, which required 200 hours of coursework. Consequently, he began attending the required classes. By August 25, 2011, the university confirmed his successful completion of the coursework and the examination held in July 2011, instructing him to commence research and thesis preparation under a supervisor’s guidance.

3. By a notification dated November 6, 2012, from C.M.J. University officially awarded him the Ph.D. degree, under the UGC Rules and Regulations of 2009. He subsequently received the Ph.D. degree certificate from C.M.J. University, Meghalaya, on November 22, 2012.

4. In response to Advertisement No. 1/2012/WBCSC, which announced nine vacancies in the OBC-A category for Assistant Professors in Education, he participated in the selection process held in the year 2012 conducted by West Bengal College Service Commission (the Commission, in short).

5. The Provisional merit panel published on June 19, 2014, listed five candidates in the OBC-A category for the Education subject, with the lowest-ranked candidate scoring 43.2. His name did not figure in the merit list. By filing this writ petition, he seeks a mandamus to publish a merit panel for the nine declared vacancies in Assistant Professor positions under the OBC-A category and also for a direction upon the Commission to award him marks for the publication of two Ph.D. papers and viva-voce performance.

6. The writ petition was moved on July 1, 2014, when a Coordinate Bench of this Court directed that, should the petitioner succeed, the college service commission would recommend the petitioner for any future vacancies.

7. The affidavit-in-opposition from the University Grants Commission (UGC, in short) emphasises that the petitioner simultaneously pursued both M.Phil and Ph.D. programmes.

8. The affidavit further asserts that C.M.J. University is authorized only to confer degrees at its main campus in a regular mode. This restriction is supported by the Supreme Court’s ruling reported at (2005) 5 SCC 420 (Prof. Yashpal v. State of Chhattisgarh).

9. Additionally, it discloses that the Governor of Meghalaya recommended the dissolution of C.M.J. University due to irregularities, as stipulated under Section 48 of the CMJ University Act, 2009. On August 1, 2013, a UGC Expert Committee visited the university and subsequently submitted a report. This report was approved by the commission and forwarded to the Hon'ble Governor, recommending action against the university and requesting a decision on the validity of degrees awarded by C.M.J. University. The recommendation highlighted that only degrees conferred through regular mode at the university’s own campus in Meghalaya should be considered valid.

10. The Commission, on the other hand, submits that the petitioner lacks NET/SET qualification. He applied for the post of Assistant Professor based on his Ph.D. degree. There are significant concerns regarding the authenticity of this degree.

11. The petitioner completed his M.Phil. at Rabindra Bharati University in 2011, but his Ph.D. was awarded by CMJ University in 2012, despite registering for it in 2010.

12. The M.Phil. programme at Rabindra Bharati University involved written exams in January 2009 and a final dissertation exam in April 2011. The results were published on May 20, 2011, and the certificate was issued on May 15, 2012. The petitioner also registered for the Ph.D. programme at CMJ University in 2010 while still pursuing his M.Phil.

13. A candidate must submit a Migration Certif