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2005 Supreme(All) 2416
[2006(1) ADJ 749 (All)]
ALLAHABAD HIGH COURT
(Division Bench)
BEFORE : S. RAFAT ALAM AND SUDHIR AGARWAL, JJ.
Smt. SUNITA KUSHWAHA ....Appellant
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Special Appeal No. 772 of 2005, decided on 13th December, 2005)
Counsel :
B.D. Pandey for the Appellant; S.C. for the Respondents.
Headnote:Termination—Order of—Interference with—On ground of illegal Degree—Single Judge dismissing writ petition on ground that petitioner has not possessed requisite qualification and Degree, issued by Bhartiya Shiksha Parishad—Not a recognised Institution by State of U.P.—And was not a valid qualification—Hence, no interference by Single Judge in impugned order of termination—Special appeal against—Conferment, or grant of a Degree, was a matter of great importance—Bhartiya Shiksha Parishad, was not a University, either as defined under Section 2(f) of U.G.C. Act of 1956 or was a deemed University under Section 3 of said Act, or an Institution, especially empowered/conferred powers to grant or confer Degree by an Act of Parliament—Therefore, such degree obtained by petitioner-appellant was wholly illegal unauthorised, having no value in eye of law to confer any benefit upon her—Therefore, no interference in impugned order of Single Judge—Special appeal liable to be dismissed. [Constitution of India—Entry 66, List I, Schedule VII, Entry 32, List II, Schedule VII—University Grants Commission Act, 1956—Sections 2(f), 3 and 22]. [Paras 5, 7, 8, 9 and 11]
By the Court—This special appeal under the Rules of the Court arises from the order/judgment of the Hon’ble Single Judge of this Court dated 29.7.2005 in Civil Misc. Writ Petition No. 21359 of 2002.
2. We have heard learned counsel for the appellant and the learned Standing Counsel for the State-respondents.
3. It appears that the appellant approached this Court by filing writ petition under Article 226 of the Constitution of India for quashing the order of her termination of service vide order dated 19.4.2000. The Hon’ble Single Judge dismissed the writ petition on the ground, inter alia, that the writ petitioner has not possessed the requisite qualification and the degree issued by the Bhartiya Shiksha Parishad, which is not a recognized institution by the State of Uttar Pradesh, is not a valid qualification and as such, order of termination was not interfered with.
4. Learned counsel for the appellant, however, contended that the petitioner-appellant has obtained the degree from Bhartiya Shiksha Parishad, which is a registered society and in respect of the complainant against that society a Criminal Misc. Application No. 744 of 1991 was filed before this Court and vide order dated 30.11.1991 the society was permitted to carry on the activities under the name and style of Bhartiya Shiksha Parishad. It is, therefore, submitted that since the Bhartiya Shiksha Parishad is functioning on account of the aforesaid interim order and thus, the degree issued by it cannot be said to be illegal or unrecognized.
5. In our view, the submission advanced by the learned counsel for the appellant is apparently misconceived. Under the Constitution of India, Entry 66 List-1 Schedule-VII vests Parliament with exclusive authority to legislate in respect to coordination and determination of standards in institutions for higher education or research and scientific and technical institutions. The State legislature also has legislative power with respect to Universities under Entry 32, List II, Schedule-VII. But obviously, the said power so far as the standards of higher education is concerned, has to subserve the power of Parliament. The Central Legislature has enacted the University Grants Commission Act, 1956 (hereinafter referred to as the UGC Act, 1956). The aforesaid Act has been enacted to make provision for the coordination and the determination of standards in universities and for that purpose to establish a University Grants Commission. The term University has been defined under Section 2 (f) and in respect to certain other institutions for higher studies other than universities, provisions have been made under Section 3 for declaring such institutions as deemed university for the purposes of 1956 Act. The aforesaid provisions are quoted herein below:
“2(f) “University” means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognised by the Commission in accordance with the regulations made in this behalf under this Act.
3. Application of Act to institutions for higher studies other than Universities—The Central Government may, on the advice of the Commission, declare, by notification in the official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of Section 2.”
6. Section 22 of the said Act prohibits any authority of conferment grant of a degree by any other institution except a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under Sec
