Allowed

Mausam Kumar And Ors. v. The Union Of India The Ministry Of Human Resource And Development Th The Joint Secretary And Ors.

Jharkhand HC20 Jul 2018WPC/1187/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed a writ petition challenging the award of a B.Tech degree in Water Engineering and Management to petitioners. The court held that since the degree was not specified by the UGC, it was unauthorized, and directed the university to issue fresh certificates for B.Tech Civil Engineering.

What did the court decide?

The court directed the respondent university to recall the earlier issued certificates and issue fresh certificates of B.Tech in Civil Engineering forthwith.

Mausam Kumar And Ors. Vs The Union Of India The… — Education and Admissions | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (C) No.1187 of 2017

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Mausam Kumar.

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Manish Kumar.

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Shashi Xaxa.

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Kumar Ketan. .......... Petitioners.

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-Versus-

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The Union of India, the Ministry of Human Resource and Development (MHRD), Govt. of India, through the Joint Secretary (Central Universities & Language), 107 C. Shastri Bhawan, Parliament Street New Delhi.

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The University Grants Commission, through the Secretary, Bahadursah Jafar Marg, New Delhi.

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The Central University of Jharkhand, through its Registrar, RatuLohardaga Road, Brambe, P.S. Mandar, District Ranchi.

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The vice Chancellor, Central University of Jharkhand, RatuLohardaga Road, Brambe, P.S. Mandar, District Ranchi.

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The Controller of Examination, Central University of Jharkhand, Ratu-Lohardaga Road, Brambe, P.S. Mandar, District Ranchi.

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The Co-ordinator/ Head of Centre for Water Engineering and Management, Central University of Jharkhand, Ratu-Lohardaga Road, Brambe, P.S. Mandar, District Ranchi.

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.......... Respondents.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioners : M/s. Indrajit Sinha & Vipul Poddar, Advocates For the UGC : Mr. Prasenjit Mahato, Advocate For UOI : Mr. Rajiv Sinha, ASGI For Central University: Mr. Rahul Gupta, Advocate ----- Order No.13 Date: 20.07.2018

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The present writ petition has been filed for issuance of direction upon the respondents to grant the degree of B. Tech in “Civil Engineering” to the petitioners in place of B. Tech degree in “Water Engineering and Management”.

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The factual background of the case is that the petitioner nos. 1 to 3 were admitted in Central University of Jharkhand (in short ‘CUJ’) for the academic session 2011-16 and the petitioner no. 4 was admitted in the academic session 2012-17 for five years M. Tech integrated course in Water Engineering and Management. At that time, there was a provision for exit option after 8^th semester with B. Tech degree in the concerned subject provided that they have the requisite credits. The petitioners, after completing the 8^th semester, opted for the exit option as provided in Ordinance OA 11 however, they have been given

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degree of B. Tech in Water Engineering and Management instead of B. Tech in Civil Engineering. The petitioners along with other students raised grievance before the Nodal Officer of the Students Grievance Redressal Committee of CUJ regarding award of unspecified B. Tech Degree. A meeting of the Students Grievance Redressal Committee was held on 06.04.2015 and it was observed and suggested that the nomenclature of degree at all levels of higher education should be as per the guidelines of the University Grant Commission (in short ‘UGC’) published in the Gazette of India on July 5^th 2014 which clearly provides that the degree should be specified in generic terms and their nomenclature should be such that are generally recognized, globally acknowledged and widely accepted and are indicative of the level of the degrees and the broad subject/discipline/knowledge area. However getting no response, the petitioners made representation to the Vice Chancellor, the Registrar and the Controller of Examination of CUJ and also the University Grant Commission and the Ministry of Human Resource and Development (MHRD), Govt. of India. The UGC registered the complaint and forwarded the same to the CUJ to redress the grievances of the petitioners, however the Registrar CUJ did not take any action and simply informed the UGC that the matter has been disposed of on 02.03.2016. Hence the present writ petition.

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The learned counsel for the petitioners submits that a meeting of an expert committee constituted by the CUJ for vetting of course structure and syllabi for five years integrated M.Tech Programme in Water Engineering and Management was held on 31.03.2012 which recommended that in the larger interest of the students, there should be a provision for dual degree i.e B.Tech in Civil Engineering after completion of four years and M.Tech in Water Engineering and Management after completion of five years. Thereafter, the said matter was placed before the 9^th Academic Council meeting of CUJ held on 19.05.2012 which was chaired by the then Vice-Chancellor wherein the course structure and syllabi framed by the Expert Committee along with its recommendations on Programme and Course Structures were approved. Thereafter, again the matter was placed before the 11^th Executive Council meeting and the same was approved on 26.05.2012. It is further submitted that the petitioners qualified in the Central

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Common Entrance Test (in short ‘CCET’) in the year 2011 and 2012 (the academic year of the petitioner nos.1 to 3 being 2011-16 and the petitioner no.4 being 2012-17) and they applied for exit as provided in the OA-11 after completion of 8^th semester, but they have been given degree of B.Tech in Water Engineering and Management instead of B.Tech in Civil Engineering which is not a recognized degree. It is further submitted that the degree granted by the CUJ is contrary to the UGC Act, 1956 and also in violation of the Gazette notifications of 2009 and 2014 as well as not as per the notification, circular, order/direction of the UGC. The UGC has been issuing public notice informing the Universities/Institutions to award degrees only according to the list of specified degrees notified in the Gazette of India published on 05.07.2014 which is also available in website of the UGC. It is further submitted that since the petitioners are holding B. Tech degree in Water Engineering and Management, they are unable to apply for their admission in M. Tech courses offered by various Universities/ Institutions such as IIT, NITs and other reputed technical institutions which will be apparent from the advertisements, published in the newspapers/website of the respective Universities/Institutions. The same problem is being faced by the petitioners, so far as the GATE (Graduate Aptitude Test in Engineering) examination is concerned, since everywhere there is the requirement is of the B. Tech degree in Civil Engineering. It is also submitted that the petitioners who hold B.Tech degree in Water Engineering and Management granted by the CUJ are also unable to apply for employment, pursuant to the advertisement for filling up vacancies in different government and public sector undertakings. It is also submitted that a meeting of students of different batches of integrated M.Tech in Water Engineering and Management was held with CUJ on 22.04.2016 regarding the nomenclature of B.Tech Degree and it was agreed in principle that M.Tech course has been designed by combining the two degrees i.e the B.Tech in Civil Engineering and M.Tech in Water Engineering and Management, however nothing was done and unspecified degree of B.Tech in Water Engineering and Management is still being given to the students. It is further submitted that an advertisement was published in daily newspaper namely “Hindustan” dated 06.01.2017 regarding filling up the vacancy of 1319 posts of Civil

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and other branches of engineering but the petitioners were unable to apply due to wrong/unspecified nomenclature of Degree granted by the CUJ.

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Per contra, the learned counsel appearing on behalf of the respondentCUJ submits that the CUJ opened the Centre for Water Engineering and Management in the year 2010 in pursuance of the resolution of the Academic and Executive Council of the university and the Centre started offering a five year integrated M. Tech course in Water Engineering and Management. The said course is a merged course of B.Tech and M.Tech. The matter of exit as well as lateral entry in the five year integrated courses including the course of Five Year Integrated M.Tech in Water Engineering and Management was first discussed in the 3^rd meeting of Academic Council held on 05.06.2010 and it was resolved that the relevant Ordinance be amended to include the provision for exit as well as lateral entry after 4 years, which was initially not there. The resolution of the Academic Council was approved by the Executive Council of the University in its 6^th meeting held on 12.03.2011. The matter was again discussed in the 9^th meeting of Academic Council of the University on 19.05.2012 under the caption “to consider the nomenclature of Bachelor Degree to be awarded for B.A.(Hons.), B.Sc. (Hons.) and BBA on exit after the 6^th Semester” and a resolution was taken that the students of engineering courses, the exit option after the 8^th Semester already approved, will have B. Tech degree in the subject concerned provided they have the requisite credits. The said resolution was approved by the Executive Council in its 11^th meeting held on 26.05.2012. The CUJ, vide its notification dated 04.09.2014, notified the amendment in the Ordinance OA-11 and based on the said resolution, the University awarded B. Tech degree to the petitioners including some other students in the subject concerned i.e. Water Engineering and Management.

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Heard the learned counsel for the parties and perused the materials available on record. The petitioners were pursuing 5 years integrated M. Tech course in Water Engineering and Management and after completion of 8^th semester, applied for exit from the course which was allowed however they were given the certificates of B. Tech in Water

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Engineering and Management which has been challenged in the present writ petition.

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The thrust of the argument of the learned counsel for the petitioner is that the 5 years Integrated M. Tech course in Water Engineering and Management is the merger of two courses i.e B. Tech in Civil Engineering and M. Tech in Water Engineering and Management, thus on their exit after 8^th semester, they are entitled to the degree of B. Tech in Civil Engineering. On the contrary it has been contended on behalf of the respondent-CUJ that vide notification dated 04.09.2014, it was resolved by the CUJ that in case of engineering courses, the students taking exit after 8^th semester will get B. Tech degree in the subject concerned provided they have the requisite credits. Based on the said resolution, the B. Tech degree has been awarded to the petitioners in the subject concerned i.e Water Engineering and Management.

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Section 22 of the UGC Act, 1956 confers power of granting degrees to 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 section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees. Sub-section (3) of Section 22 specifically explains that ‘degree’ means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission (UGC) by notification in the official Gazette.

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The notification dated 05.07.2014 has been issued by the UGC in exercise of the power conferred by sub-section (3) of section 22 of the UGC Act specifying the nomenclature of degree for the purpose of the said section. The UGC, vide said notification, has directed the universities that any degree awarded in contravention to the said notification shall be deemed to be an unspecified degree and shall be declared as such by the UGC after duly satisfying itself as to the violation of the notification. The contention of the learned counsel for the respondent-CUJ is that the degree awarded to the petitioners has been provided under sl. No.60 of the notification dated 05.07.2014. However on perusal of the said notification, it appears that no such

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degree of B. Tech in Water Engineering and Management has been recognized by the UGC.

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The Hon’ble Supreme Court in the case of Archana Girish Sabnis Vs. Bar Council of India & Ors., reported in (2015) 4 SCC 498 , has held that Section 22(3) of the UGC Act defines the word “degree” which means any such degree which is specified by the University Grants Commission in the Official Gazette with the approval of the Central Government.

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Further, in the case of Prof. Yashpal & Anr. Vs. State of Chhattisgarh & Ors., reported in (2005) 5 SCC 420, the Hon’ble

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Supreme Court has held that mere conferment of degree is not enough. What is necessary is that the degree should be recognized. It has been reiterated by the Hon’ble Apex Court that Section 22(3) of the UGC Act provides that “degree” means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission (UGC) by notification in the Official Gazette.

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The respondent-CUJ has misconstrued the word “concerned subject” appearing in the notification dated 04.09.2014. The said notification has to be read in conformity with the notification of the UGC dated 05.07.2014. Thus, the concerned subject would mean the subject for which the student opting for the exit has studied and having the requisite credits. The argument of the learned counsel for the petitioners that 5 years integrated course of Water Engineering and Management is the integrated course of B. Tech degree in Civil Engineering and M.Tech Degree in Water Engineering and Management. The said contention of the petitioners finds support by the various letters issued by the respondent-CUJ. Moreover, on perusal of Annexure R/1 which is the certificate issued by the CUJ to one Mr. Sanoj Kumar, it appears that the University itself has accepted that 5 years Integrated M.Tech Course in Water Engineering and Management is the merger of two courses i.e B.Tech in Civil Engineering and M.Tech in Water Engineering and Management. Vide Annexure ‘E’ to the Counter Affidavit, it has been resolved by the CUJ that it may be written on the back side of the transcript that 5 years

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Integrated M.Tech Course in Water Engineering and Management is the merger of two courses i.e. B.Tech in Civil Engineering and M.Tech in Water Engineering and Management. The said resolution has also been implemented by the CUJ as would be evident from AnnexuresR/1 and R/2 to the rejoinder affidavit filed on behalf of the petitioners. Further, on perusal of Annexure-R/3, which is the course structure comparision of CUJ vis.-a-vis. Jamia Milia Islamia (Central University), NIT, Warangal and IIT, Kharagpur, it appears that the petitioners have studied the entire course of B.Tech in Civil Engineering as may be gathered from the comparison/course structure of the same. Thus, I find force in the submission of the learned counsel for the petitioner that there is no justification with the CUJ in not issuing the B. Tech Degree in Civil Engineering to the petitioners.

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The UGC by filing its counter-affidavit has taken stand that as per the notification of the UGC dated 5.7.2014 issued on specification of degrees, it has been clearly indicated in point/clause nos.4 and 5 of the General Instructions as under:

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“The approved nomenclature may be followed by the specific area of specialization to be reflected in parentheses.

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The Universities may launch new programmes of study relevant to the contemporary and emerging societal needs and such innovation or specialization may be indicated in the parentheses within the nomenclature of any of the specified degrees in the broad discipline/areas.”

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From the above stipulation, it is evident that the University is free to launch new programme, yet such innovation or specialization may be indicated in the parentheses within the nomenclature of any specified degree in the broad discipline/area. However, it is not the case of the respondent-CUJ that it has launched the programme of B.Tech in Water Engineering and Management.

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Clause 7 of the notification dated 5^th July 2014 issued by the UGC under the heading ‘specification of New Degrees’ clearly provides that henceforth the Universities shall not introduce any new nomenclature of degrees unless there is a very strong and genuine reason. If a University intends to introduce a new nomenclature, it has to approach the UGC for its specification at least six months prior to starting the degree programme along with the details of the courses of study prescribed for the degree as approved by the respective academic

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bodies of the University/Institution, such as Board of Studies, Academic Council and Governing Council. Thereafter, the UGC vide letter dated 10.07.2014 directed all the Universities that if a University wishes to award a degree other than the one specified by the UGC or change the duration of the course specified as minimum in the said notification, it shall approach the UGC for its approval six months prior to starting the degree programme with full justification of the course to be started. However, there is nothing on record to suggest that the degree which the respondent-CUJ is offering i.e the degree of B.Tech in Water Engineering and Management provided to the petitioners has ever been approved by the UGC under the aforesaid clause.

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Otherwise also, the degree which has been awarded to the petitioners has no use as neither they would be allowed by any reputed University to pursue the M.Tech Course nor they would be entitled to apply for suitable technical jobs in any Government Organization or Corporation/Company. Thus, in spite of successfully completing 8^th semester, the petitioners have been given blunt sword which have no utility in their practical life.

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In view of the aforesaid discussions, the respondent-CUJ is directed to recall the earlier certificates issued to the petitioners and issue fresh certificate of B.Tech in Civil Engineering forthwith.

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The writ petition is, accordingly, allowed.

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(Rajesh Shankar, J.)

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Sanjay/NAFR

Mausam Kumar And Ors. v. The Union Of India The Ministry Of Human Resource And Development Th The Joint Secretary And Ors.

Case brief

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Mausam Kumar And Ors. v. The Union Of India The Ministry Of Human Resource And Development Th The Joint Secretary And Ors.

Case brief

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