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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIPUL M. PANCHOLI, J.
THAKOR MITENDRASINH NARPATSINH - Appellant
Versus
STATE OF GUJARAT & 2 other(s) – Respondent
R/SPECIAL CIVIL APPLICATION NO. 14271 of 2017
Decided on : 28-04-2022
M.Sc. (Physics) - Eligibility for Appointment - UGC Act, 1956, Section 22 - The court discussed the petitioner's eligibility for appointment as a Shikshan Sahayak based on his M.Sc. (Physics) degree obtained through distance learning from MK University. The court considered the UGC's public notice of 27.06.2013, which restricted the territorial jurisdiction of universities, and previous court decisions on similar cases. The court found that the petitioner's degree from MK University through distance learning mode was not recognized due to the university's off-campus study centers being illegal and beyond territorial jurisdiction. The court dismissed the petition based on the previous decisions and the UGC's public notice.
Fact of the Case:
The petitioner obtained an M.Sc. (Physics) degree through distance learning from MK University and sought appointment as a Shikshan Sahayak. The authorities denied his appointment based on the degree's recognition.
Finding of the Court:
The court found that the petitioner's degree from MK University through distance learning mode was not recognized due to the university's off-campus study centers being illegal and beyond territorial jurisdiction. The court dismissed the petition based on the previous decisions and the UGC's public notice.
Issues: The main issue was the recognition of the petitioner's M.Sc. (Physics) degree obtained through distance learning from MK University for appointment as a Shikshan Sahayak.
Ratio Decidendi: The court's decision was based on the previous court decisions and the UGC's public notice of 27.06.2013, which restricted the territorial jurisdiction of universities and deemed off-campus study centers beyond the territorial jurisdiction as illegal.
Final Decision: The petition was dismissed, and the rule was discharged.
JUDGMENT :
VIPUL M. PANCHOLI
1. This petition is filed under Article 226 of the Constitution of India, seeking following reliefs;
A. That this Hon’ble Court may be pleased to admit and allow this petition;
B. That this Hon’ble Court may be pleased to issue a Writ of Mandamus or an appropriate Writ, Order or Direction, directing the Respondent No.1 and 2 to consider the Master’s Degree of the Petitioner for the purpose of recruitment of the petitioner in Higher Secondary (Grant-in-aid) School in the District of Valsad in order to meet the ends of justice, as the Petitioner was going to be allotted a school in the District of Valsad in the 4th Allotment Round.
C. Pending hearing and final disposal of this petition, this Hon’ble Court may be pleased to grant interim relief by directing the Respondent No.1 to keep one post vacant for the petitioner.
D. ...”
2. Heard, learned Advocate, Ms. Prajapati, appearing for the petitioner and learned AGP, Mr. Shah, for the Respondent Nos. 1 and 2. Though served, none appears for Respondent No.3.
3. The brief facts of the case are that the petitioner has obtained the degree of B.Sc., B.Ed. and M.Sc. (Physics).
3.1 It appears that the petitioner obtained the degree of M.Sc. (Physics) from the Madurai Kamraj University, Madurai, Tamil Nadu (in brief, ‘MK University’), by distance study mode through S.E.S. Center No. 994 of the M.K. University, situated at Mumbai, in the year 2009-2010.
3.2 According to the petitioner, the M.K. University is a State University, falling under Section 2(f) and 12B of the University Grants Commission Act, 1956 (hereinafter, ‘UGC Act’) and thus, the MK University has been established by an Act of the State Legislature as a State University and it is empowered to award degrees as specified by the UGC under the Section 22 of the UGC Act.
3.3 It is the case of the petitioner that, thereafter, he cleared Teachers’ Aptitude Test (‘TAT’ in short) conducted by the State of Gujarat in the year 2014 and obtained 141 marks, out of total 250 marks.
3.4 It appears that pursuant to an advertisement published by the Respondent-Stat on 15.04.2016 to fill-up 4322 vacancies for the post of Shikshan Sahayak in Gujarati Medium schools and 31 posts of Shikshan Sahayak in English Medium schools, the petitioner applied for the same.
3.4.1 At this stage, a reference was made to the aforesaid advertisement, which is produced at Page-23 of the compilation.
3.5 According to the petitioner, he is qualified and is eligible for appointment on the post of Shikshan Sahayak.
3.6 At the end of the selection process, the petitioner was selected and his name appeared at Sr. No. 290, as he had obtained 52.54%. A copy of the merit-list prepared by the Respondent-state authorities is produced at Page-30 of the compilation.
3.7 Pursuant thereto, the petitioner was called at the DEO Office, Valsad, along with all necessary documents for allotment of school on 28.06.2017 and the petitioner remained present before the concerned authorities on the given date and place, accordingly. However, the petitioner was orally informed that he is ineligible for appointment on the post of Shikshan Sahayak, as he had obtained the degree of M.Sc. (Physics) through distance education from MK University.
3.8 Being aggrieved with the same, the petitioner has preferred the present petition.
4. Learned Advocate, Ms. Prajapati, appearing for the petitioner referred to the documents, which are produced Pages-32 and 34 of the compilation. She also referred to the document produced at Page-36, i.e. the Attempt Certificate issued by the MK University. She, then, referred to the document produced at Page-52 of the compilation, which is a communication dated 27.07.1993, issued by the UGC to the concerned Chancellor.
4.1 Learned Advocate, Ms. Prajapati, submitted that, later on, a clarification was issued by the UGC vide public notice dated 27.06.2013, which would be applicable to the cases/degrees, which are obtained after June, 2013, whereas,
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