RANJIT SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2019-9-221
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 04,2019

RANJIT SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents


Referred Judgements :-

JAGIR SINGH VS. STATE OF HARYANA REPORTED AS [REFERRED TO]
M P STATE COOP BANK LTD VS. NANURAM YADAV [REFERRED TO]
ORISSA LIFT IRRIGATION CORP. LTD VS. RABI SANKAR PATRO [REFERRED TO]
KARAMJEET KAUR VS. STATE OF PUNJAB [REFERRED TO]


JUDGEMENT

JITENDRA CHAUHAN, J. - (1.)The petitioners have sought quashing of the advertisement dated 25.01.2014 (Annexure P-7) for 645 posts of D.P.Es and advertisement dated 16.10.2014 (Annexure P-8) for 130 posts of D.P.Es.
(2.)As per the reply, petitioner Nos. 1 and 3 have been promoted to the post of D.P.E., vide order dated 30.12.2015, on their being found eligible. Petitioner Nos. 2 and 4 could not be promoted as they had obtained the essential qualification of B.A for the post of Master cadre from I.A.S.E. University through correspondence course during the session 2008-09 to 2010-11 whereas, the University was having affiliation with the U.G.C./D.E.C. upto the session 2007-08.
(3.)This Court in Karamjeet Kaur vs. State of Punjab and another 2019(3) SCT 162 in paragraph No.52 has observed as under:- 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-recognized 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/ notifications/policies of DEC/ UGC with regard to territorial jurisdiction and study centres prevailing at the relevant time and the study centre is approved by the UGC, then the qualification will be recognized and valid. This observation has been made due to lack of complete Information before this Court, as no list of approved study centres has been brought before this Hon'ble Court.

(iv) With regard to First degrees awarded by Universities [including Central Universities, State Universities, Private Universities, Deemed Universities] by way of Distance Education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences are concerned, the same shall be valid in light of the 1985 regulations (Annexure P-34) permitting imparting education though distance mode via study centres, subject to being admitted in the University prior to the cut-off date mentioned above in para no. (i) and (ii) of parameters laid above, as the case may be.

(v) With regard to Post graduation degrees awarded by way of distance education in non-technical field (such as Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences etc.) in cases where Institutional Recognition has been granted, if the qualification is in terms of MOA (Memorandum of Association) / Acts/ Statute of the University viz the field of specialization and the degree is notified under Section 22 of the UGC Act (List of degrees specified under Section 22 of UGC Act is on record as Annexure P-38) the same shall stand validated, subject to being admitted in the University prior to the cut-off date mentioned above in para no. (i) and (ii) of parameters laid above, as the case may be.

(vi) With regard to post graduation degrees awarded by way of distance education in Non-Technical Field (such as Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences etc.) where programme wise recognition has been granted, only those qualifications will be valid which have been mentioned in the list of approved/recognised qualifications, subject to being admitted in the University prior to the cut-off date mentioned above in para no. (i) and (ii) of parameters laid above, as the case may be.

(vii) The qualifications which have been held to be valid above be treated as at par with the degrees awarded by way of conventional mode/ regular mode of education.

(viii) The State Government is directed to take necessary action in terms of the above findings within a period of 6 months from the date of receipt of certified copy of the order. The State government can verify the recognition list [whether University (Central, State, Deemed or Private) /Institution (other than University) had "Institutional Recognition"at particular time or "Programme-wise Recognition"] uploaded by the Distance Education Bureau, UGC on its website, which is also on record as Annexure P-57. Further the State government can also verify as to whether degree has been mentioned in the list of degree specified under Section 22 of UGC Act or not from the list uploaded on the website of UGC which is also on record as Annexure P-38.With regard to Memorandum of Association, Act and Statutes of the universities, the State government can obtain the same from the students whose cases are pending at the level of the government or from the concerned universities or from the UGC.

(ix) The State government after completing the exercise in terms of Para No.(viii) hereinabove would start a portal/webpage/ website wherein information with regard to recognition of different types of degrees from various universities is uploaded, so that not only general public is aware with regard to recognition of degrees, but also uniformity and transparency can be maintained with regard to implementation of the aforesaid directions, in all the departments of the State Government right down till the field level.



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