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2025 Supreme(Online)(HP) 5676
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J
Sanjeev Kumar – Appellant
Versus
State of H.P. & Ors. – Respondent
CWP No.856 of 2025
For the Appellant: Mr. Abhinav Mehta
For the Respondents: Mr. Rajat Chaudhary, Mr. Vikrant Thakur, Mr. Nitin Thakur
The court established the permissibility of pursuing one degree in regular mode and another in distance mode simultaneously, despite prior UGC guidelines prohibiting the retroactive application.
Headnote:(A) The petitioner challenged rejection of candidature for lecturer position based on dual degree status prior to UGC guidelines of 2022. The court held guidelines are not retroactive; however, pursuing one degree in regular and another in distance mode concurrently is permissible. (Paras 6-7)
(B) The defense of the respondent hinges on the premise that the petitioner's degrees obtained prior to UGC guidelines invalidate her claim.
(C) Court noted that existing ordinances do not bar pursuing degrees via different modes simultaneously.
(D) The case of the petitioner aligns with previous case adjudicated in CWP No. 610/2025 providing grounds for relief. (E) The petition is allowed, and the petitioner’s candidacy is deemed valid for further consideration in selection. (Para 10)
| Table of Content |
|---|
| 1. court notes exceptions in pursuing degrees concurrently. (Para 2) |
| 2. petitioner challenges dual degree rejection. (Para 3) |
| 3. respondents defend rejection based on ugc guidelines. (Para 4) |
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.856 of 2025 Decided on: 24th June, 2025 _________________________________________________________________
Sanjeev Kumar ....Petitioner Versus State of H.P. & Ors. …Respondents __________________________________________f_______________________
Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reportting?
_________________________________________________________________
For the petitioner: Mr. Abhinav Mehta, Advocate.
For the respondents: Mr. Rajat Chaudhary, Assistant o Advocate General, for respondents No.1 and 2.
Mr. Vikrant Thakur, Advocate, for respondent No.3.
Mr. Nitin Thakur, Advocate, for respondent No.4.
Jyotsna Rewal Dua, Judge Gist of petitioner’s case was reproduced in the following order passed in this petition on 10.01.2025: -
“Notice. Mr. Y.P.S Dhaulta, learned Additional Advocate General, Mr. Vikrant Thakur and Mr. Nitin Thakur, learned counsel, accept notice on behalf of respondents No.1 & 2, 3 and 4, respectively.
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
2. Petitioner’s grievance is to Annexure P-9 dated 02.01.2025, whereby his candidature for the post of lecturer School New, (Political Science) (on contract basis) in the Department of Education, has been rejected as under:- .
1126516
90604281
Sanjeev Kumar
For want of (i) The candidate has passed the dual degree of M.A. (Political Science) & B.E.d. degree in the same session and same year
8 The candidate has passed dual degree M.A. (Political Science) & B.Ed. in the year 2020-2022 whereas the UGC has allowed dual degree course vide notification dated 13.04.2022, which was adopted by HPU vide notification No.1-10/2024. Besides this candidate has admitted latest OBC (BPL) certificate. May be rejected.
3. Learned counsel for the parties jointly submit that the similar issue arose in CWP No. 610/2025, wherein also candidature of the petitioner had been rejected on the ground similar on which the candidature of present petitioner has been rejected. Following order was passed in the aforesaid case on 09.01.2025, granting interim i relief to the petitioner therein:-
“Matter has been heard for the purpose of consideration of interim relief prayed for by the petitioner. Learned counsel for the parties have accordingly made their submissions.
2. Petitioner’s grievance is to Annexure P-9 dated 02.01.2025, whereby, her candidature for the post of Lecturer School New, (Political Science) (on contract basis) in the Department of Education, has been rejected as under:-
10
1149820
90602730
Kavita
(i) The candidate has passed the dual degree of M.A. (Political Science) & B.Ed. degree in the same session and same year. (ii. Latest OBC certificate on
The candidate has submitted latest OBC certificate. However, the candidate has passed dual degree M.A. (Political Science) &
parental basis.
B.Ed. in the year 2019- 2020 whereas the UGC has allowed dual degree course vide notification dated 13-04- 2022 which was adopted by HPU vide notification No. 1- 10/2024- HPU (DS) dated 16-03- 2024. Hence, rejected.
Petitioner’s candidature has been rejected on the ground that she had passed dual degrees i.e. M.A. (Political Scienc e) and B.Ed. in the same session and same yetar.
3. Learned counsel for respondent No.2-H.P. Public Service Commission defended the impugned rejection of the petitioner primarily on the ground that it was on 13.04.2022, the University Grants Commission (UGC) had notified the guidelines for osimultaneous pursuing of two academic programmes. The occasion to frame the aforesaid guidelines arose in view of following reasons given C by
