Degrees Issued By Private Universities Not Recognised By UGC Invalid For Govt Jobs: Jammu & Kashmir High Court Reiterates

Justice Sanjay Dhar added that when the petitioner himself was not eligible to be selected, he could not challenge the selection of others who appeared to have obtained their diplomas from recognised institutions. 

“Any degree issued by a private university through study centre or off-campus centre established without prior approval of the UGC is not a valid degree and the same cannot be used for the purpose of acquiring employment in Government service”

“The petitioner himself being not eligible for selection to the post of Data Entry Operator cannot call into question the selection of private respondents. Even otherwise the certificates placed on record by the private respondents along with their reply clearly indicates that they have undergone Diploma courses for the requisite period from the recognized institutes”, the bench added.

The case stemmed from an advertisement released on May 5, 2005, by respondents inviting applications for four Data Entry Operator positions. Among the applicants were the petitioner and private respondents No.5 to 8. The minimum qualification required was graduation with a one-year Diploma in Computer Application Software/office automation from a recognized institute.

The petitioner challenged the selection of private respondents as Data Entry Operators and sought a direction for consideration for the Data Entry Operator position and the associated benefits.

Previously, the petitioner had filed a writ petition seeking disclosure of the selection list. After obtaining the list, he learned that he was not selected and private respondents 5 to 8 were. The petitioner withdrew this petition and subsequently filed another pea challenging the selection of private respondents, arguing that they were ineligible and of lower merit than him.

During the pendency of the second petition, the petitioner's counsel stated that the official respondents should consider him for one of the available posts. The Court directed the official respondents to seek instructions. The official respondents then offered the petitioner the position of Orderly, which he accepted, and the second writ petition was dismissed as withdrawn.

After serving as an Orderly for about three years, the petitioner filed the current writ petition, challenging the selection of private respondents on the grounds that their diplomas were from unrecognized institutes and some candidates didn't complete the required one-year diploma course.

He argued that his Diploma in Computer Applications obtained from Kawa Institute of Management was from an institute affiliated with Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya Bhopal, a recognized university. He argued that this qualification met the necessary standards.

The private respondents contended that they had obtained the Diploma from recognized institutes as well and that the petitioner had undergone the diploma course in an unrecognized institute, as such, he was ineligible for the post of Data Entry Operator. 

The respondents also objected to the maintainability of the petition, arguing that the petitioner had already accepted a position as Orderly, and his delay in filing the petition, after more than ten years from the selection, was unreasonable and should be dismissed.

After considering the rival contentions, the Court found that the petitioner's conduct indicated acceptance of the Orderly position without objection. The delay in filing the petition was deemed unreasonable. The petitioner's representation to the official respondents did not justify the delay. Therefore, the petition was dismissed based on constructive res judicata and the delay.

Regarding the merit of the case, the Court considered whether the petitioner's diploma from Kawa Institute of Management, affiliated with Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya Bhopal, was valid. It referred to precedents from the Supreme Court and High Courts that emphasized the importance of diplomas from recognized institutions for employment.

The Court found that the petitioner's diploma was not from a recognised institute, while the certificates provided by the private respondents indicated they had attended recognized institutions.

The court also relied on Prof. Yashpal &another vs State of Chhattisgarh & others, (2005) and reiterated that mere conferment of degree is not enough. What is necessary is that the degree should be recognized.The right to confer a degree has been given under Section 22 of the UGC Act only to a University established or incorporated by or under a Central Act, Provincial Act or 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, the bench underscored.

Thus, the bench declined its indulgence in the matter and dismissed the petition.

Case Title: MAQSOOD AHMAD SHOOSHA Vs. STATE OF J&K &OTHERS

Citation: 2023 LiveLaw (JKL) 257

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