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2015 Supreme(Del) 2063

IN THE HIGH COURT OF DELHI AT NEW DELHI
G. ROHINI, JAYANT NATH, JJ.
SHILPI VERMA - Appellant
Versus
UNIVERSITY OF DELHI & ANR. - Respondents
LPA 500/2015
Decided on : 11.08.2015

Advocates Appeared:
Mr. Vishwendra Verma and Ms. Shivali Advocates
Mr. Mohinder J.S.Rupal, Advocate for R-1. Mr. Amit Bansal, Ms. Manisha Singh & Ms. Seema Dolo, Advocates for R.2.

The recognition of equivalence of degrees by the university is essential for admission, and courts will not interfere with the university's policy relating to academic matters.

Headnote:

Admission - Equivalence of Degree - M.Sc. (Fabric and Apparel Science) - B.Sc. (Hons.)/(Pass) in Home Science - [Guru Nanak Dev University vs. Sanjay Kumar Katwal & Anr., 2009 (1) SCC 610, Basic Education Board, U.P. vs. Upendra Rai, 2008 (3) SCC 432] - The court discussed the equivalence of the degree required for admission to the M.Sc. course and emphasized that the recognition of equivalence by the University is essential. The judgment referred to relevant legal provisions and interpretations to support the decision.

Fact of the Case:

The appellant sought admission in M.Sc. (Fabric and Apparel Science) at Lady Irwin College, University of Delhi. She had completed her Bachelor of Design course in a university affiliated to another university. Despite qualifying for the entrance examination, her admission was denied based on the university's decision that her degree was not equivalent to the required B.Sc. (Hons.)/(Pass) in Home Science.

Finding of the Court:

The court found that the appellant's degree was not recognized as equivalent to the required degree by the University of Delhi, and emphasized the importance of the university's recognition of equivalence. The court dismissed the appeal based on the university's decision and relevant legal precedents.

Issues: The issues revolved around the equivalence of the appellant's degree to the required degree for admission, the recognition of equivalence by the University of Delhi, and the appellant's right to claim admission based on qualifying for the entrance examination.

Ratio Decidendi: The court's decision was based on the university's recognition of equivalence, as emphasized in relevant legal precedents, and the appellant's failure to fulfill the necessary qualifying requirements despite qualifying for the entrance examination.

Final Decision: The appeal was dismissed, and no costs were awarded.

JUDGMENT :

JAYANT NATH, J.

1. The present appeal is filed seeking to impugn the judgment dated 21.07.2015 of the learned Single Judge in W.P.(C) 6474/2015.

2. The brief facts leading to filing of the petition are that the appellant sought admission in M.Sc. (Fabric and Apparel Science) in Lady Irwin College, University of Delhi i.e. respondent No.2. She has passed her High School and Intermediate from Central Board of Secondary Education. She took admission in the Bachelor of Design course in Satyam Fashion Institute, Noida which is affiliated to Smt. Nathibai Damodar Tharkersey Women’s University, Mumbai. The course of M.Sc. (Fabric and Apparel Science) was advertised by the respondents for admission. Selection was through an open competitive examination. The qualification stipulated was that the candidate should have 55% or above marks in aggregate in B.Sc. (Hons.)/B.Sc. (Pass) in Home Science from Delhi University or any other university whose examination is recognised by the University of Delhi as equivalent. There was an additional stipulation that the candidate should have passed any three subjects in the stipulated area. The relevant stipulated qualification for the said course reads as follows:-      

M.Sc. Course in Fabric and Apparel Science Examination B.Sc.(Hons.) in Home Science/B.Sc. (Pass) in Home Science: (3 or 4 years course) after (10 + 2) from Delhi University or any other University whose examination is recognized the University of Delhi as equivalent and fulfil other conditions of eligibility. Should have passed any three subjects in the following areas: Fundamentals of Fabric and Apparel Science/ Apparel for Children and Adolescents/Fabric Science/Indian Textiles Heritage/Advances Apparel Construction/Applied Textile Design/Dyeing and Printing/Design

Concepts/Fashion Development/ Fashion Studies.

Intake Capacity: 19 Eligibility Conditions 55% or above marks in aggregate in Home

Science.

 

3. It is the contention of the appellant that the courses stipulated in the above noted advertisement at graduation level for admission to the course of M.Sc. (Fabric and Apparel Science) are the same which were studied by the appellant at her graduation level. In fact, it is stated that the appellant has studied four subjects instead of the three stipulated subjects. It is further averred that though the degree completed by the appellant is not named as B.Sc. or B.A. (Home Science), but she fulfils all the eligibility criteria. It is averred that mere difference of nomenclature in her graduate degree would not in any manner disqualify the appellant.

4. The appellant qualified in the examination and was called for counselling. However, in counselling she was denied admission.

5. A perusal of the impugned order shows that the order relies upon a decision which was handed over by the counsel for respondent No.1 of the “PG Admission Committee (Home Science)” which had taken the decision that the course of Bachelor of Designs in which the appellant had done her graduation is not equivalent to B.Sc. Home Science (Pass or Hons.) of the respondent University.

6. In view of the said decision placed on record, the impugned order notes that respondent No.1 university has not accepted the degree of Bachelor of Designs completed by the appellant as equivalent to B.Sc. Home Science (Pass or Hons.) of the respondent No.1 university. The impugned order further noted relying upon the judgment of the Supreme Court in the case of Guru Nanak Dev University vs. Sanjay Kumar Katwal & Anr., 2009 (1) SCC 610 and Basic Education Board, U.P. vs. Upendra Rai, 2008 (3) SCC 432 that equivalency of a degree is a technical academic matter and cannot be implied or assumed and that without the university through which the admission is sought, recognising the examination held by the other institutions as equival




















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