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2012 Supreme(MP) 978
MADHYA PRADESH HIGH COURT AT JABALBUR BENCH
R.S.Jha, J.
Rashmi Rajak - Appellant
Versus
Union of India and Others - Respondent
W.P.Nos.9903, 9656, 12796 and 18229 of 2010
Decided On : 27-09-2012
For petitioner: Harmeet Ruprah
For respondent/University: Purushendra Kaurav
For State :B.P.Pandey, Dy.Government Advocate In W.P.No.9656 of 2010:
For petitioner: Manoj Chandurkar
For respondent/University: Purushendra Kaurav
For State :B.P.Pandey, Dy.Government Advocate In W.P.No.12796 , 18229 of 2010:
For petitioner: Anubhav Jain
For respondent/University: Purushendra Kaurav
For State :B.P.Pandey, Dy.Government Advocate
Headnote:
Distance Education System - Validity of M.Phil./Ph.D. marksheets - UGC Regulation 2009 - The judgment discusses the validity of M.Phil./Ph.D. marksheets obtained through Distance Education System and the applicability of UGC Regulation 2009. The court held that the marksheets obtained through Distance Education System from universities situated outside the State of M.P. cannot be recognized for higher education or employment in the State of M.P. The court also clarified that the authorities should examine each individual case and have the right to ignore invalid and illegal M.Phil./Ph.D. marksheets obtained through Distance Education System.
Fact of the Case:
The petitioners, who applied for being appointed as Guest Lecturers, challenged the orders of the Joint Director, Higher Education, Jabalpur, and the Commissioner, Higher Education, Bhopal, which directed the non-consideration of M.Phil./Ph.D. certificates obtained through the Distance Education System/Course for appointment as Guest Lecturers.
Finding of the Court:
The court found that the M.Phil./Ph.D. marksheets obtained through Distance Education System from universities situated outside the State of M.P. cannot be recognized for higher education or employment in the State of M.P. The court also clarified that the authorities should examine each individual case and have the right to ignore invalid and illegal M.Phil./Ph.D. marksheets obtained through Distance Education System.
Issues: The issues involved in the case included the validity of M.Phil./Ph.D. marksheets obtained through Distance Education System, the applicability of UGC Regulation 2009, and the retrospective applicability of the regulations.
Ratio Decidendi: The court held that the M.Phil./Ph.D. marksheets obtained through Distance Education System from universities situated outside the State of M.P. cannot be recognized for higher education or employment in the State of M.P. The court also clarified that the authorities should examine each individual case and have the right to ignore invalid and illegal M.Phil./Ph.D. marksheets obtained through Distance Education System.
Final Decision: The petitions were partly allowed, quashing the impugned orders to the extent of the general direction for rejecting all M.Phil./Ph.D. marksheets obtained through Distance Education System. The court upheld the order directing consideration of the UGC Regulation 2009 and directed the authorities to examine each individual case and have the right to ignore invalid and illegal M.Phil./Ph.D. marksheets obtained through Distance Education System.
The facts and issues involved in these four petitions being identical, they are heard and decided concomitantly.
2.All the aforesaid petitions have been filed by the persons who have applied for being appointed as Guest Lecturers in various colleges, assailing the orders of the same date i.e.14-7-2010 passed by Joint Director, Higher Education, Jabalpur, whereby the said authority, on the basis of instructions given by the Commissioner, Higher Education, Bhopal, has ordered that M.Phil./Ph.D.certificates produced by the applicants obtained through the Distance Education System/Course should not be considered while considering their candidature for appointment as Guest Lecturers.The petitioners have also challenged order dated 7-8-2010 issued by the Commissioner, Higher Education, Bhopal whereby the Commissioner has directed all Joint Directors and Principals to take note of Regulation 3 of the Regulations of 2009 issued by the University Grants Commission which have come into force from the date of their publication in the Gazette of India on 17-7-2009, wherein it has been stated that M.Phil, and Ph.D.degrees/marksheets should not be granted through Distance Education System and accordingly appropriate steps in the selection of Guest Lecturers be taken by the concerned Joint Directors and Principals.
3.The petitioner Smt.Rashmi Rajak in W.P No.9903/2010, after having completed her Post Graduation in the year 1999 from Dr.Hari Singh Gaur University, Sagar, is said to have obtained a marksheet of M.Phil, in English Literature from Madurai Kamraj University, Chennai and has annexed a certificate of completion of course dated 15-9-2008, Annexure P-6, to that effect as well as a marksheet dated 30-5-2008, Annexure P-5 along with her petition.
4.The petitioner Roopam Khare in W.P No.9656/2010, has stated that he has completed and obtained M.Phil, degree from Vinayaka Missions University, Salem and to establish the same he has filed a provisional certificate issued on 3-7-2010, Annexure P-2 along with his petition.
5.The petitioner Ms.Madhu Guru in W.P No.12796/2010, has stated that she has completed M.Phil.Degree in English from Vinayaka Missions University, Salem and in support thereof has filed two marksheets of M.Phil., Part-I and Part-II issued in February, 2010 and June, 2010 respectively.
6.The petitioner Smt.Prachi Shrivastava in W.P No.18229/2010, has stated that she has obtained M.Phil.Degree in Home Science from Vinayaka Missions University, Salem and in support of the aforesaid contention has filed marksheets of M.Phil., Part-I and Part-II issued in March, 2009 and August, 2009 respectively.
7.On the strength of the aforesaid M.Phil, marksheets it is stated that as the petitioners have a valid M.Phil, marksheet issued by the Madurai Kamraj University, Chennai and the Vinayaka Missions University, Salem, therefore, the impugned orders issued by the respondents directing the concerned authority to ignore the aforesaid valid marksheet of M.Phil., obtained by the petitioners, while considering their cases for appointment as Guest Lecturer, is contrary to law and deserves to be set aside.
8.The learned counsel for the petitioners have specifically stated that the new Regulations issued by the University Grants Commission which prohibits granting of M.Phil, and Ph.D.Degrees through Distance Education Courses came into force w.e.f.17-7-2009 and, therefore, the said Regulations would have no applicability to the petitioners' cases as they have obtained M.Phil, marksheets prior to the said date or in any case had commenced the course prior to the coming into force the aforesaid Regulations.The petitioners, in support of the aforesaid contention, have relied upon the decision rendered by the Gwalior Bench of this Court in W.P No.3290/2012 decided on 29-8-2012, wherein this Court has held that the aforesaid Regulations would not have any retrospective applicability and, therefore, persons who have obtained M.Phil.Degree prior to
