Anonymous
Asked September 30, 2016

Degree not accepted by Education Department of Punjab

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Education Department Of Punjab is not considering degrees got from out of state universities,where examinations were conducted in Punjab instead of that state.What to do?Our jobs are on the stake.Pleaze advise.

Answers 2

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Anonymous

The most basic criteria for recognition of validity of a university is to see whether the university was granted deemed to be University status under the provisions of Section 3 of the University Grants Commission Act, 1956 (3 of 1956). If your university is recognised by Section 3 of the said act as a valid university then you can file a writ petition under article 32 in Hon’ble Supreme Court or under article 226 in Hon’ble Punjab and Haryana High Court. Once the University Grant Commission has accepted the qualification which is recognized as a deemed University then it would not be within the competence of respondent-State to refuse recognition of such qualification. This question has repeatedly been considered by Hon'ble the Supreme Court in numerous judgments (Satish Kumar V. State of Haryana[1])

It has been held that Parliament alone is responsible to ensure that proper standards are maintained in Institution for Higher Education or Research throughout the country and also uniformity in standards is maintained.

A similar question arose before the Hon'ble Supreme Court in the case of State of T.N. v. Adhiyaman Educational & Research Institute and others[2]. The question before the Hon'ble Supreme Court was whether the State Government has power to grant and withdraw permission to start a technical institution as defined in the Central Act after coming into force of the All India Council for Technical Education Act, 1987. Dismissing the appeal filed by the State of Tamil Nadu, the Hon'ble Supreme Court again placed reliance on Entry No.66 of Union List(List -I) of the VIIth Schedule of Article 254 of the Constitution to hold that if the State Legislature frames any law, which is repugnant to the Central Law like the All India Council for Technical Education Act,1987 then the law framed by the State Legislature would be ultra vires to the extent of its repugnancy to the Central Law. In other words, the State laws in respect of subjects on the Union List (List-I) have to give way to the Central Laws and therefore, the de-recognition by the State government or the disaffiliation by the State University on the ground which are inconsistent with those enumerated in the Central Statute were held to be inoperative.

Once a university is recognised as a valid university y UGC act, 1956, then any state or any of its agencies cannot be permitted to de-recognize such degree or diploma, because such an action on their part would be repugnant to the provisions of Article 254 of the Constitution of India.

 

[1] Satish Kumar vs State Of Haryana And Others CWP No. 17558 of 1999

 

[2] State of T.N. v. Adhiyaman Educational & Research Institute and others(1995)4 SCC-104

Agree Comment 0 Agrees almost 4 years ago

You have not stated whether you are already employed or a prospective applicant for a job position.

In case you are already employed and thereafter a notification has been issued by the Education department of Punjab derecognizing degrees got from outside the state, then you must submit your representation (in the form of a detailed letter) to the education department of Punjab and address all your grievances in that letter stating that they are estopped from now derecognizing the degree conferred to you outside the state as they had given you the job on the bases of that degree. Hence, the principle of estoppels in law would work against the education department in a court of law.

If the department does not respond to your letter / representation within a suitable time, you can file a WRIT petition in the Punjab and Haryana High Court for injury to your fundamental rights under article 226 of the constitution. In that writ petition you can claim to have suffered injury due to violation of Article 14 of the constitution wherein the department is violating the equality clause by viewing your degree unfavourably to other similarly placed candidates.

 

In case you are not yet employed but a prospective job applicant, the only remedy for you is to file a WRIT Petition in the Punjab and Haryana High Court highlighting the injury to your fundamental right since the department of education is treating you differently from other candidates who have similar qualification and hence violating your fundamental right to equal treatment from the State or its instrumentalities.

 

It would be a different matter if the University Grants Commission derecognized the university from where you got your degree. However, an executive arm of the Govt has no right to restrict the territorial reach of the university degree accorded to you. This kind of action / notification on part of the Punjab Education Department is wholly inappropriate, illegal and a violation of article 14 of the Constitution of India and therefore a writ petition can help you save your job.

Article 226 of The Constitution Of India is reproduced below.

226. Power of High Courts to issue certain writs

(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.

 

(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.

 

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without

 

(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and

(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated

(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32

 

Thus, file a Writ in the Punjab and Haryana High Court under Article 226 of the constitution praying to declare the notification issued by the Punjab Education department as illegal as the same is a violation of article 14 of the constitution.

Agree Comment 0 Agrees almost 4 years ago

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