JUDGMENT

Mr. Rakesh Kumar Jain, J. (Oral):- CM No. 2166 of 2018

This application is filed for placing on record the Ordinance for Distance Education Programs issued by the Directorate of Distance Education, Maharishi Dayanand University, Rohtak.

Allowed.

CWP No. 21246 of 2017

The petitioner has prayed for the issuance of a writ in the nature of certiorari for quashing the degree dated 31.3.2015 issued by the Directorate of Distance Education, Maharshi Dayanand University, Rohtak (for short ‘the DDE’) in so far as it declares that the petitioner has been awarded the degree of Master of Arts in Economics under Lateral Entry Scheme in Second Division.

2. In brief, the petitioner was admitted to the Course of Master of Arts (Economics) in the Eastern Institute for Integrated Learning in Management University, Sikkim in July 2010. He secured 537 marks out of the total 700 marks in the first year of the Course in the Session 2010-2011. He took admission in DDE in the Lateral Entry Scheme to complete the second year of MA Economics. It is alleged that he had secured 272 marks out of 500 marks in the Post-graduate Program of Master of Arts (Economics) awarded by DDE.

3. According to the petitioner, the marks obtained by him from the Sikkim University and the marks awarded by the DDE should have been counted for the purpose of assessing his division while awarding the degree. According to him, his total marks would be 809 and in that manner, he would have got 67.41% marks and would have been entitled to the degree in the First Division. However, the grievance of the petitioner is that he was awarded degree in Second Division by counting the marks obtained by him only in the Lateral Entry Scheme offered by the DDE. The petitioner, before approaching this Court had sought information under the Right to Information Act, 2005 in regard to the awarding of degree in Second Division. He has been informed by the DDE vide letter dated 27.7.2015 as under :

“As per new Ordinance of Distance Education -July 2011, if a student has stopped his/her education due to some specific reason could join his/her course through Lateral Entry Scheme to complete the course. Such students will be examined as per the Current Scheme of Examination available in the University and accordingly, they will be awarded degree under Distance Education (not regular) for the period for which they were remained student of the DDE. A Committee was constituted by the Vice Chancellor to clear certain points regarding issue of Degrees and the meeting of the Committee was held on 4.10.2013, the proceedings of the Committee is already with you and copy of the abstract from Ordinance, Scheme of Examination and Syllabi for Distance Education Programmes (applicable from July 2011) is enclosed herewith which is approved by the E.C. and the same Ordinance was in existence in previous years i.e. before 17.10.2013.”

4. According to the respondents, a Committee was constituted by the Vice Chancellor of the University to clear some points regarding issuance of degree and the meeting of the said Committee was held on 4.10.2013 in which they dealt with the pending cases in terms of the Ordinance for Distance Education Program. According to the respondents, if the petitioner had shifted from Regular Mode to the Distance Mode then the degree to be awarded to him is by the Distance Education (not Regular) for the period for which he remained the student of DDE. In this regard, reference is made to Clause 4 of the said Ordinance, which read as under :

“H. Shifting from regular mode to distance mode

1. The students who are pursuing any of the courses in M.D. University as a regular student and unable to continue such course on account of employment or any justified reason shall be allowed admission in the 3rd/5th semester or 2nd year, of the programmes, as the case may be, being offered by the M.D, University. All such candidates shall examined as per the scheme of examination and syllabi as is ap