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2019 Supreme(P&H) 2359
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Jaswant Singh, J.
Jagjit Singh - Appellant
Versus
State Of Punjab - Respondent
Civil Writ Petition No. 24938 of 2016 (O&M)
Decided On : 27-03-2019
R.K. Arora, Advocate, for the Appellant; Navdeep Chhabra, Deputy Advocate General, Punjab, Tarun Vir Singh Lehal, Advocate, Nikhil Nayyar Rajat Khanna and Sai Vinod, Advocates. Sikkim Manipal University for the Respondent
Headnote:
Distance Education - Eligibility for Appointment - 1995 Act, UGC Guidelines, DEC Recognition - [Jagjit Singh and Gurcharan Jaidka] - [Notification No. 44, Sikkim Manipal University of Health, Medicine and Technological Sciences Act, 1995, UGC Guidelines, DEC Recognition] - The court discussed the recognition and approval of courses imparted by Universities through distance education mode, emphasizing the protection of degrees obtained prior to the academic session 2011-2012 and the validity of such degrees. The judgment highlighted the significance of the Sikkim High Court's order and the subsequent Supreme Court's affirmation, establishing the validity of degrees obtained through distance education prior to 2011-2012.
Fact of the Case:
The petitioners sought quashing of the merit list for the post of Clerk/Clerk-cum-Data Entry Operator, claiming their eligibility based on their secured merit as qualified Graduate Degree holders from Sikkim Manipal University. The Board rejected their candidature citing their degrees obtained through Distance Education Mode.
Finding of the Court:
The court found that the petitioners' degrees obtained through distance education prior to the academic session 2011-2012 were valid and protected by the orders of the Sikkim High Court and the Supreme Court. The Board's rejection of their candidature was declared illegal.
Issues: The eligibility of candidates with degrees obtained through distance education prior to 2011-2012 for the post of Clerk/Clerk-cum-Data Entry Operator.
Ratio Decidendi: Degrees obtained through distance education prior to the academic session 2011-2012 are valid and protected, as affirmed by the Sikkim High Court and the Supreme Court.
Final Decision: The petitioners were declared eligible for appointment as Clerk/Data Entry Operator, and the respondent-Board was directed to consider their names for appointment as per their secured merit within the specified timeline.
JUDGMENT
Jaswant Singh, J. - By instituting the instant petition under Article 226 of the Constitution of India, petitioners namely Jagjit Singh and Gurcharan Jaidka belonging to General Category, aspirants for the post of Clerk/Clerk-cum-Data Entry Operator have sought quashing of select/merit list dated 10.10.2016 (Annexure P-4) on the ground that petitioners are qualified Graduate Degree holders from Sikkim Manipal University which is duly recognized by University Grant Commission (for short 'UGC'), and have been wrongly considered ineligible having acquired their Graduate Degrees through Distant Education Mode, thus possessing invalid degrees. They claim right of consideration based on their secured merit for appointment with effect from dates candidates junior in merit in their category have been appointed.
2. Respondent No. 2-Subordinate Service Selection Board, Punjab (for short 'Board') vide Advertisement No. 4 of 2015 dated 27.11.2015 (Annexure P-1), invited online applications for recruitment of 556 posts of Clerks and 58 posts of Clerk-cum-Data Entry Operator. The posts of Clerks were subsequently increased to 2715 through different corrigendum. The minimum qualification prescribed for selection and appointment to the post of Clerks/Clerks-cum-Data Entry Operators was as below:
Educational Qualification (Both for Sr. No. 1 & 2):-
(a) Graduation Degree from any recognized University/Institution as per the guidelines/instructions of the UGC.
(b) Punjabi passed up to Matriculation level.
(c) Possesses at least one hundred and twenty hours course with hands on experience in the use of Personal computer on Information Technology in office productivity applications or Desktop Publishing applications from Government recognized institution or a reputed institution, which is ISO 9001 certified.
OR
Possesses a Computer Information Technology Course Equivalent to 'O' level certificate of Department of Electronics Accreditation of Computer Course (DOEACC) of Government of India.
3. The petitioners applied online for the post of Clerk/Clerk-cum-Data Entry Operator in General Category. The Board accepted their applications and they appeared for Punjabi and English typing test conducted from 23.05.2016 to 20.06.2016. The petitioners qualified the test and Board vide public notice dated 28.06.2016 published a provisional merit list. The Board vide notice dated 22.07.2016 declared counselling schedule which was conducted from 26.07.2016 to 19.08.2016. The petitioners appeared in the counselling in terms of category wise schedule, however, Board in final merit list declared on 10.10.2016 did not include name of the petitioners on the ground that they have acquired degree through Distance Education Mode with Examination Centre outside the Territorial Jurisdiction of the University.
4. Counsel for the petitioners submitted that the petitioners have acquired degree of Bachelor of Computer Application (BCA), from Sikkim Manipal University (for short 'SMU'), Gangtok, which is a State Private University established by Sikkim Manipal University of Health, Medical and Technological Sciences Act, 1995. Both the petitioners were enrolled through learning centre situated in the State of Punjab on 04.04.2008 and 09.10.2007 respectively and completed their degree on 28.12.2011 and 20.11.2010 respectively. SMU is recognised by UGC and all the courses run by University are approved by regulatory bodies like Medical Council of India (MCI), Nursing Council of India (NCI) and Indian Association of Physiotherapy. The petitioners took admission through a centre of the university in Punjab and exam in respect of degree was conducted by University in the examination centres established by University in Mohali (Punjab). They acquired degree from said university through distance education mode which is duly approved by UGC and all other regulatory bodies so Board has acted in an arbitrary manner while rejecting the candidature of petitioners.
5. Mr. Nikhil N
