IN THE HIGH COURT OF KERALA AT ERNAKULAM
ASHOK BHUSHAN & A.M.SHAFFIQUE, JJ.
UNIVERSITY GRANTRS COMMISSION, REP. BY THE SECRETARY and Ors. – Appellant
Vs.
ANAND J.ILLICKAN and Ors. – Respondent
W.A. No.847 of 2015
Decided On : 19.06.2015
University Grants Commission Act, 1956 - Sections 20, 22 & 26(1)(i) - NET Examination - Appearing of - Regulations - Maintenance of - Findings of - Held, Association of Indian Universities is a body, which is entitled to declare equivalence for appearing in NET Examination, which is contemplated in the notification issued by the University Grants Commission - Authority to grant equivalence by the Association of Indian Universities is statutory recognised by U.G.C - Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010
Ashok Bhushan, J.
This appeal has been filed by two appellants who were respondents 1 and 2 to W.P(C) No.21935 of 2013 filed by the 1st respondent to this appeal, who shall be hereinafter referred to as the Writ Petitioner. Second respondent to the appeal, All India Council for Technical Education who was the 3rd respondent to the Writ Petition on an application filed in this Writ Appeal has been transposed as the 3rd appellant. The Writ Petition filed by the petitioner was allowed by judgment dated 13.02.2015 by the learned Single Judge against which this Writ Appeal has been filed.
2. The University Grant Commission (hereinafter referred to as "the UGC"), is the 1st appellant, the Deputy Secretary, National Educational Testing (NET) Bureau, University Grants Commission is the 2nd appellant whereas the All India Council for Technical Education (hereinafter referred to as "the AICTE") is the 3rd appellant. The 3rd respondent to this appeal is the Association of Indian Universities (hereinafter referred to as "the AIU").
3. Brief facts giving rise to this Writ Appeal are: The 2nd respondent issued an advertisement for NET examination 2012 inviting application from eligible candidates. Conditions of eligibility provided that "candidates who have secured at least 55% marks (without rounding off) in Masters Degree or equivalent examination from University/Institutions reognized by the UGC........" are eligible to apply. Petitioner who has passed the Post Graduate Diploma in Business Administration has also submitted application and appeared in the NET examination held on 24.06.2012. Petitioner secured 69.14% marks in the NET Examination. UGC issued letter dated 26.07.2013, informing the petitioner that Post Graduate Diploma in Business Administration awarded to the petitioner by the Loyola Institute of Business Administration, Chennai during the period 1996-1998 had not accorded equivalence with Masters Degree by the AIU, hence the petitioner is disqualified in the UGC NET examination held on 24.06.2012. Petitioner aggrieved by the communication issued by the UGC has filed the Writ Petition praying for the following reliefs:
i) To issue a writ of certiorari quashing Ext.P13 as unjust, illegal and unsustainable.
ii) To declare that the petitioner was eligible to appear for National Eligibility Test which he cleared as per Ext.P2 and as such the petitioner has duly cleared the National Eligibility Test.
iii) To declare that the Post Graduate Diploma in Business Administration obtained by the petitioner from the Loyola Institute of Business Administration (Madras University) as per Ext.P3 and P4 is equivalent to MBA degree awarded by the recognized by the Indian University.
iv) To issue a writ of mandamus directing the respondents to treat the petitioner as a candidate with a valid post graduation for the purpose of appearing in the National Eligibility Test and to treat him as a person who has legally and validly cleared the National Eligibility Test."
4. Petitioner's case in the Writ Petition is that the Post Graduate Diploma in Business Administration was awarded by Loyola Institute of Business Administration, Chennai which diploma was duly recognized by the AICTE and the AICTE having issued communication, Ext.P8 dated 02.01.2008 informing that Post Graduate Diploma is equivalent to MBA in the year in which the course was recognized by the AICTE, makes the petitioner eligible for UGC NET Examination 2012, the competent authority to grant equivalency is the AICTE. The AIU has no authority vested in it on the basis of any enactment or order having force of law to declare equivalency.
5. Statement was filed by respondents 1 and 2 stating that the advertisement issued by the UGC has clearly stipulated that the candidates should ascertain the equivalence of their Post Graduate Diploma with Masters Degree from the AIU. The AIU Evaluation Division deals with the evaluation of degrees and diplomas awarded by the accredited Universities i
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