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2025 Supreme(Online)(P&H) 2775
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
SURESHWAR THAKUR, VIKAS SURI, JJ.
State of Punjab And Another – Appellants
Versus
Karamjeet Kaur – Respondents
LPA-1843-2019 with CWP-2438-2021
Decided On : 09-04-2025
For the Parties :Mr. Gagneshwar Walia, Addl. AG, Punjab. Mr. Vikas Singh, Advocate for the petitioner in LPAs-450 and 1105-2021. Mr. Sudhir Sharma, Advocate for the petitioner in CWP-27015-2021. Mr. D.S.Patwalia, Sr. Advocate assisted by Mr. Gaurav Rana, Advocate for the appellant in LPA-2003-2019. Mr. Lupil Gupta, Advocate for the petitioners in LPA-1843-2019 and CWP-2438-2021 and for respondent No.8 in LPA-561-2021. Mr. Kapil Kakkar, Advocate and Mr. Shreesh Kakkar, Advocate for the respondents in LPA-129-2021. Ms. Alka Chatrath, Advocate and Mr. Nikhil Singh, Advocate for the respondents in LPAs-381, 128, 197, 198, 533 of 2021 and 856-2020. Mr. R.S.Bajaj, Advocate for the applicants in CMs-95-96- LPA- 2021 in LPA-1843-2019. Mr. B.S.Rana, Sr. Advocate assisted by Mr. Manav Dhull, Advocate for respondent No.3 in LPA-128-2021. Mr. Amit Kumar Ganga, Advocate for respondent No.1 in LPA-157-2021. Mr. Anurag Goyal, Advocate and Mr. Amit Rao, Advocate for the respondent in LPA-529-2021. Mr. Vipin Mahajan, Advocate and Ms. Chandanpreet Kaurah Lawalia, Advocate for respondent No.1 in LPA-116-2021. Mr. Arshdeep Singh, Advocate for Mr. Tarun Vir Singh, Advocate for the respondent-UGC. Mr. Ritesh Aggarwal, Advocate for the respondents in LPAs-857-2020, 213, 465, 213 & 501-2021. Mr. Vaibhav Narang, Advocate for respondent No.3 in LPA-242-2021. Mr. Charanpal Singh Bagri, Advocate for respondent in LPA-293-2021. Mr. Sonu Bhatia, Advocate for Mr. Madhav Pokhrel, Advocate for respondents No.5 in LPA-561-20221 and for respondent No.8 in LPA-606-2020. Mr. Dheeraj Mahajan, Advocate for respondent No. 4 in LPA-516-2025. Mr. Ankit Bhardwaj, Advocate with Mr. B.S.Jaswal, Advocate for the respondent in LPA-466-2021. Mr. S.S.Sarwara, Advocate for respondents No.1 and 2 in LPA-645-2023. Mr. Khushika Setia, Advocate for the respondent in LPA-1843-2019. Mr. A.K.Walia, Advocate for the Caveator in LPA-157-2021. Mr. Rajiv Atma Ram, Sr. Advocate assisted by Mr. Ranjit Singh Kalra, Advocate and Ms. Shreya Kaushik, Advocate for the respondents in LPAs-1843, 2003-2019, 242, 606, 465, 503, 521, 529, 561-2021. Mr. Anurag Chopra, Addl. AG, Punjab in LPAs-856-2020, 197, 213, 242, 381-2021. Mr. Prabhat Kashyap, Advocate for private respondents in LPAs-654-2020, 530 and 800-2021.
The court ruled that qualifications obtained through distance education prior to specified cut-off dates are valid, emphasizing the right to education and rejecting arbitrary restrictions on territorial jurisdiction for examination centers.
Headnote:
(A) University Grants Commission Act, 1956 - Guidelines on Distance Education - The court addressed the validity of degrees obtained through distance education, emphasizing that qualifications acquired prior to specified cut-off dates are valid, while those obtained thereafter are not. The court also mandated that the State Government verify degrees and establish a portal for recognition of qualifications. (Paras 52, 44, 45)
(B) Right to Education - The court reaffirmed that the right to education includes the right to pursue qualifications through distance learning, and restrictions on territorial jurisdiction for examination centers were deemed arbitrary. (Paras 41, 42)
(C) Natural Justice - The court rejected arguments regarding the non-impleadment of the University Grants Commission, asserting that the absence of UGC's response did not invalidate the judgment. (Paras 15, 17)
Facts of the case:
The case involved multiple appeals regarding the regularization of services for employees who obtained degrees through distance education. The State rejected claims based on the qualifications being acquired through unauthorized institutions.
Findings of Court:
The court found that the qualifications obtained prior to the cut-off dates are valid and directed the State to decide claims without considering these dates.
Issues: The main issues included the validity of degrees obtained through distance education and the implications of cut-off dates set by the UGC.
Ratio Decidendi: The court ruled that the cut-off dates imposed by the UGC were arbitrary and violated the right to education, thus invalidating them.
Result: Appeals allowed, and the State was directed to reconsider claims without the cut-off date restrictions.
JUDGMENT :
SURESHWAR THAKUR, J.
1. Since all the instant letter patent appeals (supra) besides the writ petition(s) (supra) herein involve common questions of facts and law, as such, they are liable to be decided through a common verdict.
2. For the sake of brevity, the facts of the lead appeal i.e. LPA No. 1843 of 2019 are being taken here for deciding the instant controversy.
Factual Backdrop of the case.
3. Initially, a CWP No. 11049 of 2017 titled as Karamjeet Kaur Vs. State of Punjab and Another became filed before this Court, whereins, the writ petitioner thereins sought regularization of her service alongwith all consequential benefits.
4. An advertisement was issued in the year 2011 for filling up 3442 vacancies of Masters in various subjects. The petitioner was vide order dated 31.12.2012, thus appointed as Punjabi Mistress against the apposite post(s) on contractual basis. The Government issued a notification/order dated 03.08.2015 (Annexure P-3), wherebys, it was directed to regularize the services of the employees (master and mistresses) on completion of three years of their contractual service. The claim of the petitioner herein for being regularized was rejected by the Department concerned, thus on the ground, that the petitioner had acquired her M.Ed. qualification through Non-Conventional Mode/Distance Education mode, from the Vinayaka Mission University in the Session 2009-2011.
5. The said writ petition became allowed vide order dated 06.06.2019 and the services of the petitioner therein, was regularized from 02.04.2016 as Punjabi Mistress, from the date when similarly situated persons/junior persons, became regularized in service alongwith all consequential benefits, besides in the verdict made on the said writ petition, in paragraph No. 52 thereof, the hereinafter extracted parameters/directions were made with regard to the degrees (non-technical) as became acquired through Distance Education Mode.
PARAMETERS / DIRECTIONS WITH REGARD TO DEGREES (NON-TECHNICAL) THROUGH DISTANCE EDUCATION MODE
52. Upon consideration of facts, developments and change in distance education policies over the time and the findings recorded under different heads from HEAD "A" To "G" following parameters/directions are issued:-
(i) In case of Deemed Universities and Private Institutions (other than Universities) the cut-off date with regard to territorial jurisdiction and study centre will be 29.3.2010, all admissions made prior to 29.3.2010 to obtain degrees awarded through use of study centres, off-campus centres of Deemed Universities and Private Institutions (other than Universities) will be valid, subject to the statutes/MOA (Memorandum of Association) of University permitting opening up of Centres in the territory from which it was operating or permits opening up of centres at any place where there are reasonable concentration of students (as permitted by UGC in 1985 Regulations, Annexure P-34).
(ii) In case of State Universities (both Government funded or Private funded) the cut-off date will be 1.11.2012 , therefore all admissions made prior to 1.11.2012 to obtain degrees awarded through use study centres/off campus centres of State Universities or Private Universities will be valid, subject to the statutes/MOA of University permitting opening up of Centre in the territory from which it is operating or permits opening up of centres at any place where there are reasonable concentration of students (as permitted by UGC in 1985 Regulations, Annexure P-34).
(iii) The qualifications attained after the cut-off date mentioned above will stand de-recognised for all purposes. However as opening up of study centers was permitted after prior approval from UGC, it is clarified that even after the cut-off date if the qualification attained through distance education mode from Institutions (other than University) Universities (Central University, State University, Deemed University or Private University) is in consonance with the regulations/notific
