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| HC upholds JU decision of not recognizing Study Centers' degrees | | |
Early TImes REport
JAMMU, Sept 28: In a significant order, Justice Muzaffar Hussain Attar of the State High Court has upheld the decision of University of Jammu to cancel the admission of a candidate in the B Ed Course who has obtained her graduation from Study Centre of Punjab Technical University (PTU).
The petitioner has obtained her graduation degree in 2007 through Study Centre and was admitted to undergo B Ed course for the year 2011-12 pursuant to the scrutiny of the documents it was found that the candidate has passed her graduation from Study Centre which was banned by Jammu University and accordingly her admission was cancelled. Petitioner's counsel Sudershan Sharma argued that in terms of SRO339 of 2005, dated 20/12/2005, petitioner who was already enrolled to undergo graduation course in the Study Centre was protected from the rigor of law and no adverse action could be taken against her. The case of the petitioner was that after admitting the petitioner to B Ed Course and allowing her to complete course of one year, Jammu University could not cancel her admission which has subjected her to incalculable suffering.
Counsel of the Jammu University Wasim Sadiq Nargal argued that Jammu University vide notification dated 05/10/2005 had informed all the concerned that the decision was taken by the Standing Committee of Academic Council that any courses run by Study Centres/Franchises of any University in the Country except IGNOU were not recognized. Nargal further submitted that the petitioner has obtained her graduation degree from Study Centre which was not recognized by Jammu University and rightly so her admission to undergo B Ed Course was cancelled and even notice was issued to the concerned official as to how provisional admission was granted. Court after hearing at length both the Counsels dismissed the petition filed by the petitioner was not eligible for being admitted to undergo B Ed Course as she has obtained graduation from Study Centre which was not recognized by the Jammu University in terms of notification issued by University of Jammu. The Court further observed that the decisions of the academic institutions have to be implemented and University of Jammu authorities cannot be directed to proceed in breach of their own decisions.
While dismissing the petition Court further observed that since notification dated 05/10/2005 have not be challenged in writ petition and the decision of Jammu University to cancel the admission was an off-shoot of the aforementioned notification. In absence of Challenge to the notification the decision of the Jammu University cannot be faulted, Court observed. The claim of the petitioner that one year has been wasted cannot go into the writ proceedings, the court observed that aspect of the matter can be considered by the appropriate forum as and when such issue is raised. The petition found to be merit less as the petitioner has failed to make out a case for grant of relief to her, the writ petition as such was dismissed along with all connected CMA(s). |
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