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| BCA degree obtained from outside University | | | HC directs JU to regularize admissions in MCA
JAMMU, JULY 27:- Justice YP Nargotra of Jammu and Kashmir High Court Jammu wing in a landmark judgment decided two petitions of identical nature and points of law in which the petitioners obtained BCA Degree from Makhan Lal Chaturvedi Rashtriya Patrakarita Vishwavidyalay, Bhopal and denied admission in the MCA course of Jammu University, has directed University of Jammu and Others to regularize the admission in the MCA and allow the petitioners to appear in second semester and subsequent semesters if any.
Justice Nargotra, after hearing Sr. Adv SS Lehar, Advocates DS Chouhan, Ajay Sharma and Akshay Anand appearing for the petitioners and Adv DS Thakur appearing for the University, observed that it is not disputed that the Chancellor in exercise of powers vested in him by the proviso section 8 has not issued any order in writing for exempting the above said university from which petitioner Romit Kumar has obtained the degree from the purview of section 8 until the notification dated October 5, 2005 pursuant to the regulation passed by Standing Committee of Academic Counsel dated September, 2005 came to be issued. Therefore privilege could be claimed by any person for the purpose of admission into the educational institutions in the state on the basis of degrees obtained from Chaturvedi University. Despite the above position Adv DS Thakur conceded that the University of Jammu has been according admissions to the candidates possessing the degrees from Chaturvedi University Bhopal in various courses, he also does not dispute the circular/notification No 6/JULY/56 dated July 19, 2006. On the other hand Sr. Adv SS Lehar appearing for the petitioner submitted that the notification dated October 5, 2005 cannot come in the way of petitioner as it was not enforced at the time when he was awarded the degree. He further submitted that petitioner was awarded graduation degree on April 5, 2004 when the notification October 5, 2005 was not in existence. Upon this Justice YP Nargotra said that there is merit in the contention of Sr. Adv SS Lehar, the notification October 5, 2005 is prospective in nature, therefore, cannot affect the rights which stood already vested in a person prior to its issuance, on April 5, 2004 there was no such bar to the recognition of the degrees contemplated by the notification October 5, 2005. Therefore, in view of the notification July 19, 2006 issued by University of Jammu that degree issued by the Makhan Lal Chaturvedi Rashtriya Patrakarita Vishwavidyalay, Bhopal is deemed to be valid for purpose of admission to educational institutions in the state or in courses run by the University of Jammu. The notification October 5, 2005 being prospective in nature cannot come in the way of those candidates who have obtained degrees from said university prior to the date of notification. The respondent university, therefore, cannot have legally rejected the application of petitioner Romit Kumar for appearing in entrance examination and consequent admission in the MCA run by the University. In view of the said observations Court allowed the petition of petitioner Romit Kumar and directed University to regularize the admission of petitioner in MCA course and allow him to appear in the second semester and subsequent semester if any as well.
In the other writ petition N0 9/2006 the petitioner Vikas Sharma after studying in KAWA Institute of Management and Technology like petitioner Romit Kumar obtained the graduation degree in BCA from Makhan Lal Chaturvedi Rashtriya Patrakarita Vishwavidyalay, Bhopal. He too on the prescribed format sought permission to appear in the entrance conducted for the session 2005-2006. He was allowed to participate in the entrance examination by the University of Jammu and on the basis of his merit position and entrance test was granted admission to MCA course in the month of August, 2005. However, during the examination of record by the admission committee it was revealed that petitioner has passed his degree of BCA from Makhan Lal Chaturvedi Rashtriya Patrakarita Vishwavidyalay, Bhopal through its franchise KAWA at Jammu so his admission was made provisional and issue with regard to recognition of BCA degree of petitioner was placed before the Standing Committee of Academic Counsel of the University of Jammu. The committee in its meeting held on September 5, 2005 passed the resolution considering the case of petitioner in petition 421/2006. In view of the said resolution the Assistant Registrar (Regn.) vide letter dated December 26, 2005 inform the Principal MIET that the petitioner Vikas Sharma was not eligible to be admitted, pursuant to the said letter, the principal informed the petitioner about the decision for admission in MCA Course first semester. Apprehending his cancellation of admission the petitioner filed the present petition for seeking quashment of communication of Assistant Registrar as well as of Principal. He also sought quashment of notification dated October 5, 2005 issued by University pursuant to the resolution of standing committee. Justice Nargotra further observed that the stand of respondents is identical to the stand taken in petition filed by Romit Kumar, as has been held that the notification dated October 5, 2005 issued in pursuance of resolution of standing committee of University of Jammu cannot render the degree obtained by the candidates from Makhan Lal Chaturvedi Rashtriya Patrakarita Vishwavidyalay, Bhopal before the issuance of notification invalid, therefore, the admission granted to the petitioner in this petition cannot be held to be bad in law for reasons already given while considering the case of Romit Kumar and this writ petition as well deserves to be allowed as such the writ petition filed by Vikas Sharma is also allowed and the communication of Assistant Registrar Jammu University as well as Principal MIET Jammu shall stand quashed and directed University of Jammu to regularize the admission of Vikas Sharma in MCA Course and allow him to appear in the second semester and subsequent semester if any
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