Bombay High Court
Sangita Shrikant Kulkarni vs Union Of India And Ors on 20 September, 2017
Bench: R.D. Dhanuka
1 WP 6627 of 2006
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Writ Petition No. 6627 of 2006
* Sangita d/o Shrikant Kulkarni,
Age 36 years,
Occupation : Lecturer,
R/o 5-Janaki Manas Vidyanagar,
Nanded. .. Petitioner
Versus
1) Union of India,
Ministry of Human Resources,
New Delhi.
2) Secretary,
University Grants Commission,
N.E.T. Division, University of
Delhi, South Campus,
Bento Juarz Marg, New Delhi.
3) Secretary General, Association of
Indian Universities, A.I.U. House,
16, Kotla Marg, New Delhi 110002.
4) Swami Ramanand Teerth Marathwada
University, Through Registrar,
Nanded.
5) Sri Sharda Bhuvan Education Society
Through its; Secretary, Nanded.
6) Yashvant Mahavidyalaya,
Through the Principal.
7) Akhil Bharatiya Gandharva
Mahavidyalaya Mandal, Bombay,
Having its Registered Office at
Gandharv Niketan Bramhapuri,
Miraj, Taluka Miraj, Dist. Sangli.
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2 WP 6627 of 2006
8) State of Maharashtra
Through Secretary, Health
and Education Department,
Mantralaya, Mumbai. .. Respondents.
----
Shri. M.V. Deshpande, Advocate, for petitioner.
Miss. D.S. Ansingekar, Standing Counsel, for
respondent No.1.
Shri. Alok Sharma, Standing Counsel, for
respondent No.2.
Shri. V.P. Latange, Advocate, for respondent
no.4.
Shri. R.R. Mantri, Advocate, for respondent Nos.5
and 6.
Shri. V.N.Upadhye, Advocate, for respondent No.7.
Shri. A.R. Borulkar, Assistant Government
Pleader, for respondent No.8.
Respondent No.3 - served.
----
Coram: R.D. DHANUKA &
SUNIL K. KOTWAL, JJ.
Judgment reserved on : 21ST AUGUST, 2017
Judgment pronounced on : 20TH SEPTEMBER, 2017
JUDGMENT (Per R.D. Dhanuka, J.):
1] By this petition filed under Article 226
of the Constitution of India, petitioner seeks a
writ of mandamus directing the University Grants
3 WP 6627 of 2006
Commission and Secretary General, Association of
herein, to issue certificate of passing National
Eligibility Test (N.E.T.) for Lecturer in favour
of the petitioner in view of the implied
recognition by University Grants Commission
since 1976 and the petitioner having passed the
N.E.T. held in July, 2000. Petitioner also seeks
a writ of certiorari, inter alia, praying for
quashing and setting aside the letter dated 4 th
September, 2006, addressed by the University
Grants Commission declaring the petitioner as
disqualified in the N.E.T. held on 2nd July 2000
on the ground that the petitioner had not
fulfilled the minimum eligibility condition laid
down for the test i.e. of Diploma/Degree in
Sangeet Alankar from Akhil Bharatiya Gandharva
Mahavidyalaya Mumbai was not equated with Post
Graduate degree of any Indian Universities.
2] The petitioner has also prayed for an
order and direction to the respondent Nos.1 to 3
4 WP 6627 of 2006
to recognize the certificate of Sangeet Alankar
granted by respondent No.7 as equivalent for the
purpose of qualifying N.E.T. for Lecturer and
directing the respondent No.7 to get certificate
of course conducted by it for Sangeet Alankar
recognised as equivalent to M.A. by following
requisite procedure contemplated by respondent
Nos.2 and 3 and equivalent to M.A. in Music.
Some of the relevant facts for the purpose of
deciding this petition are as under :
3] Some time in the year 1985 the
petitioner passed S.S.C. examination. She
passed H.S.C. Examination in the year 1987 and
secured First Class. She joined the
undergraduate course in Music known as "Sangeet
Visharad" conducted by Akhil Bharatiya Gandharv
Mahavidyalaya Mandal Mumbai, respondent No.7
herein. She completed the said course by
November 1989 in Second Class. It is the case of
the petitioner that she thereafter completed
postgraduate in Music i.e. Sangeet Alankar by
5 WP 6627 of 2006
November 1993 in Second Division with respondent
No.7. It is the case of the petitioner that the
State of Maharashtra has recognized the
certificates awarded by the respondent No.7 for
the first time in the year 1962 by passing a
resolution / recognition letter dated 24 January
1962.
4] By the said Resolution, the State
Government had granted recognition to the
certificates of Sangeet Alankar and Sangeet
Visharad awarded by respondent No.7 for the
purpose of appointment of Lecturer in educational
institutions in Maharashtra State.
5] In so far as the area of Marathwada is
concerned, it had only one University at
Aurangabad which was Marathwada University. By an
ordinance issued under the provisions of the
Marathwada University Act, 1974, the then
University had prescribed minimum qualification
for teacher in Indian Music to teach
6 WP 6627 of 2006
undergraduate students in which Second Class
Master's degree of Indian Music from any of the
institutions named in the said Ordinance clearly
prescribing Sangeet Alankar under the head of
"Name of Degree and the Name of Institution"
shown was Gandharva Mahavidyalaya Mandal,
Bombay/Pune.
6] It is the case of the petitioner that
the said Marathwada University had clearly
recognized the said postgraduate certificate in
Music i.e. Sangeet Alankar issued by respondent
No.7 as equivalent to postgraduate degree. The
said Marathwada University was later on renamed
as Dr. Babasaheb Ambedkar Marathwada University.
The said Dr. Babasaheb Ambedkar Marathwada
University also had equated the course of other
institutions or other Universities including the
qualification of Sangeet Visharad and Sangeet
Alankar granted by respondent No.7 with B.A. and
M.A. respectively.
7 WP 6627 of 2006
7] Prior to 1994, Swami Ramanand Teerth
Marathwada University. Nanded was established.
The State Government had issued an order
directing that statutes, ordinances, regulations
and rules made by Dr. Babasaheb Ambedkar
Marathwada University, Aurangabad shall continue
in force and deemed to have been made under the
Maharashtra Universities Act and will be
applicable to Swami Ramanand Teerth Marathwada
University till they are superseded.
8] The said Swami Ramanand Teerth
Marathwada University Nanded thereafter framed or
elected its own statutes, ordinance, regulations
and rules and granted equivalence of Sangeet
Visharad and Sangeet Alankar with that of B.A.
and M.A. respectively. The respondent No.7-
institution regularly conducts examinations and
grants various certificates including Sangeet
Visharad and Sangeet Alankar which are recognised
with that of Graduate degree and Post Graduate
degree in Music respectively prescribed by almost
8 WP 6627 of 2006
all the Universities in Marathwada. The list
annexed at Page 124 of the writ petition shows
that 10 of such Universities have accepted the
certificates in Music such as Sangeet Visharad
and Sangeet Alankar as equivalent to B.A. and
M.A. respectively and have granted recognition to
said certificates.
9] It is the case of the petitioner that
since the certificates granted by the respondent
No.7 are also recognised by the University Grants
Commission and also by State of Maharashtra, the
question of any doubt in the mind of the
petitioner about authenticity of the equivalence
of the courses and the certificates granted by
respondent No.7 with gradate and post graduate
degree in Arts did not arise.
10] It is the case of the petitioner that
the respondent No.7 had called for advise from
the University Grants Commission 'whether it
could grant certificates as degrees or something
9 WP 6627 of 2006
of that sort'. The respondent No.2 by its letter
dated 2 June 1976 informed the respondent No.7
that the University Grants Commission had advised
that institutions like respondent No.7 were not
considered as University within the University
Grants Commission Act and thus was not competent
to award degrees and to use name of the
University. It was however made clear that
institutions like respondent No.7 were competent
to award certificates and diplomas. Respondent
No.7 was further informed that no advise has been
given by the University Grants Commission to any
University to the effect that they should not
appoint persons who had taken diploma or
certificate from Non-University institutions
which may be considered by the Universities as
equivalent to degrees awarded by the Universities
which may be considered by the Universities as
equivalent to degrees awarded by the
Universities.
11] It is the case of the petitioner that
10 WP 6627 of 2006
the respondent No.2 had allowed the employment
and appointment on the ground that certificate
issued by the institution like respondent No.7
was valid. There was no examination like N.E.T.
at that time. It is the case of the petitioner
that the syllabus prescribed for Sangeet Visharad
and Sangeet Alankar in respondent No.7 is much
more than the syllabus prescribed for B.A. and
M.A. in Music by various Universities in
Maharashtra State. The graduate and post
graduate in B.A. and M.A. in Music in the
concerned University and taught by colleges
affiliated to the University are recognised by
the U.G.C. He submits that these two courses i.e.
Sangeet Visharad and Sangeet Alankar are also
included in the list of subjects by various
Universities and, therefore, automatically gets
recognition at par with those degrees granted by
Universities.
12] In the year 1995, respondent No.6 had
advertised a post for Music against reserved post
11 WP 6627 of 2006
for Scheduled Tribe (women). No candidate from
Scheduled Tribe (women) category was available.
The petitioner was found to be eligible and was
accordingly selected for the said post. The
petitioner was once again given order of
appointment dated 1st August, 1998, when
candidate from Scheduled Tribe category was not
available though the said post was advertised by
respondent No.6. The said post was subsequently
advertised every year for further five years from
2000. Since candidate from Scheduled Tribe female
category was not available, the petitioner has
been continued on the said post.
13] In the year 2000 acquiring the
qualification of State Eligibility Test (S.E.T.)
for Lecturer and N.E.T. for Lecturer was made
compulsory. The National Eligibility Test for the
subject of Music was available. There was no
State Eligibility Test for the subject of Music.
The petitioner accordingly applied for appearing
for National Eligibility Test (N.E.T.) for Music
12 WP 6627 of 2006
with the qualification of Sangeet Alankar
certificate granted by respondent No.7. It is the
case of the petitioner that University Grants
Commission permitted the petitioner to appear for
the said test without raising objection for the
qualification claimed by the petitioner. The
petitioner was given Hall Ticket number as A-
190382. Only three candidates for the subject of
Music passed out all-over India including the
petitioner.
14] On 6 January 2001 the petitioner
received a communication from University Grants
Commission congratulating the petitioner for
successfully passing the U.G.C. N.E.T. held in
the month of July 2000 for eligibility of
Lectureship only in the subject of Music.
15] On 27th March 2001, the respondent No.2
informed the petitioner that she had been
declared as qualified in UGC test for eligibility
of lectureship as on 2nd July, 2000, subject to
13 WP 6627 of 2006
fulfillment of minimum eligibility condition laid
down for the said test. The petitioner was
informed by the said letter that on screening of
her application form, it was noticed that she has
not obtained her post graduate degree and was
accordingly requested to submit copies of various
documents including post graduate mark-sheet,
matriculation certificate etc.
16] The respondent No.5 society (management)
addressed a letter to the Association of Indian
Universities informing that the petitioner had
been working as Lecturer in Music w.e.f. 23 rd
January, 2001, till the date of addressing the
letter. The management stated in the said
letter that the petitioner has passed 'Sangeet
Alankar', which was equivalent to M.A. (Music).
The management informed that the petitioner had
already passed National Eligibility Test (NET)
examination in July 2000 with seat No.190382, but
had not received the passing certificate. The
management conveyed to the Association of Indian
14 WP 6627 of 2006
Universities that the NET Division had stated
that the said examination 'Sangeet Alankar'
certificate was not equivalent with All India
University. The management accordingly requested
the Association of Indian Universities to send
the equivalence of 'Sangeet Alankar' to M.A.
(Music) to enable the petitioner to get the
certificate from University Grant Commission's
NET Office at the earliest.
17] The petitioner vide letter dated 30th
May, 2001 informed the respondent no.2 that she
had already sent the prescribed form duly filled
in all respect along with attested copies of
matriculation certificate and post graduation
mark sheet i.e. 'Sangeet Alankar' in music on 7 th
April, 2001, by registered post. However, she
had not received the eligibility certificate for
lectureship. The petitioner requested the
respondent no.2 to send the certificate at the
earliest.
15 WP 6627 of 2006
18] On 31st July, 2006, the respondent No.5
society (management) addressed a letter to the
respondent No.2, University Grant Commission
informing that the petitioner was working as
Lecturer of Music w.e.f.23rd January, 2001, till
the date of addressing the said letter and had
passed 'Sangeet Alankar', which was equivalent to
M.A.(Music). The management also forwarded
copies of the relevant Ordinances, Government
Resolutions from Dr.Babasaheb Ambedkar Marathwada
University, Aurangabad. The management informed
that though the petitioner had passed NET
examination in the month of July, 2000, with seat
No.190382, the petitioner had not received the
passing certificate. The management requested
the respondent No.2 to send the certificate of
NET examination at the earliest.
19] The management also forwarded the
representations made by the petitioner to the
Vice Chancellor of the Swami Ramanand Teerth
Marathwada University and also to the University
16 WP 6627 of 2006
Grants Commission (UGC). The Petitioner vide her
letter dated 16th February, 2006, made a
representation to the respondent No.2 and
informed that Swami Ramanand Teerth Marathwada
University, Nanded was following Ordinances of
Dr.Babasaheb Ambedkar Marathwada University,
Aurangabad, which was the parent University. The
petitioner informed that she had appeared for NET
examination in July, 2000. The result was also
declared. The petitioner also informed that the
petitioner had appeared for M.A.(Music) from
Amravati University, Amravati and had passed the
said examination in first division. The
petitioner forwarded copies of various documents
including copy of the mark-sheet of the
petitioner of M.A.(Music) passed from Amravati
University to the respondent No.2 for
consideration, and once again requested to send
NET examination certificate at the earliest,
which was required for getting confirmation in
service. Similar representation was made by the
petitioner also to the Vice Chancellor of Swami
17 WP 6627 of 2006
Ramanand Teerth Marathwada University, Nanded on
10th February, 2006.
20] On 4th September, 2006, the University
Grants Commission addressed a letter to the
Director, Board of College and University
Department, Swami Ramanand Teerth Marathwada
University, Nanded informing that the petitioner
had been declared disqualified for the University
Grants Commission's NET held on 2nd July, 2000,
due to non-fulfillment of minimum eligibility
condition laid down for the test i.e.
diploma/degree certificate in 'Sangeet Alankar'
from Akhil Bhartiya Gandharva Mahavidyalaya
Mandal, Mumbai was not equated with post graduate
degree of Indian Universities. The petitioner,
therefore, filed this writ petition, inter-alia,
praying for a Writ of Mandamus, for an order and
direction against the University Grants
Commission and the Secretary, General Association
of Indian Universities to issue the certificate
of passing eligibility test-NET for Lecturers in
18 WP 6627 of 2006
favour of the petitioner in view of implied
recognition by University Grants Commission since
1976 and also seeking a Writ of Certiorari for
quashing a communication dated 4th September,
2006, from the University Grants Commission.
21] Mr.M.V.Deshpande, learned counsel for
the petitioner invited our attention to various
annexures to the petition. He submitted that
the petitioner at the relevant time had already
passed the examination and was issued certificate
by Akhil Bhartiya Gandharva Mahavidyalaya Mandal,
Mumbai on 10th February, 1994, in the subject
'Sangeet Alankar' and had passed in the said
examination in second class. Learned counsel
invited our attention to the Resolution dated 24 th
January, 1962, from the Government of
Maharashtra, Education and Social Welfare
Department, Mumbai. He submits that by the said
Government Resolution, the Government had
informed the Gandharva Mahavidyalaya Mandal,
Mumbai that the Government had accorded
19 WP 6627 of 2006
recognition to the certificates of 'Sangeet
Alankar' and 'Sangeet Visharad' awarded by the
Gandharva Mahavidyalaya, Mumbai, and 'Visharad'
and 'Parangat' awarded by the Bharat Gayan Samaj,
Pune for the purpose of appointment of persons as
music teachers in educational institutions in the
State of Maharashtra.
22] Learned counsel for the petitioner
invited our attention to the Ordinance issued in
the month of September 1977 by the Dr.Babasaheb
Ambedkar Marathwada University prescribing the
minimum qualification for a teacher for Indian
music to teach undergraduate students. He
submits that under Clause (b)(ii) the degree of
'Sangeet Alankar' obtained from Gandharva
Mahavidyalaya Mandal, Mumbai, Mumbai/Pune, has
been considered as a valid degree for the purpose
of appointment of a teacher for Indian music to
teach undergraduate students. He submits that
the said certificate in 'Sangeet Alankar' has
been recognized by Dr.Babasaheb Ambedkar
20 WP 6627 of 2006
Marathwada University.
23] Learned counsel for the petitioner
invited our attention to the Circular issued by
Dr.Babasaheb Ambedkar Marathwada University in
the month of July, 1994 enclosing the list of
examination of other Universities/examining
bodies, which were recognized as equivalent to
the corresponding examinations of that
University. A copy of the said Circular was sent
to various Universities. In so far as the degree
of 'Sangeet Visharad' obtained from Akhil
Bhartiya Gandharva Mahavidyalaya Mandal, Mumbai,
is concerned, the said degree was considered as
equivalent to B.A. The degree obtained in
'Sangeet Alankar' from the said Akhil Bhartiya
Gandharva Mahavidyalaya Mandal, Mumbai was
considered as equivalent to M.A.(Music).
24] Learned counsel for the petitioner
invited our attention to an order issued by the
State Government, Higher and Technical Education
21 WP 6627 of 2006
and Employment Department, while exercising
powers under Section 112(C) of the Maharashtra
Universities Act, 1994 directing that the
Statutes, Ordinances, Regulations, Rules made by
Dr.Babasaheb Ambedkar Marathwada University,
Aurangabad shall in, so far as they were not
inconsistent with the provisions of the
Maharashtra Universities Act, 1994, continue in
force and deemed to have been made under the
Maharashtra Universities Act, 1994 by Swami
Ramanand Teerth Marathwada University, Nanded
until they were superseded or modified by
exercising the powers under the Maharashtra
Universities Act, 1994 by Swami Ramanand Teerth
Marathwada University, Nanded.
25] Learned counsel for the petitioner
invited our attention to the copy of letter dated
10th July 1976 from the University Grants
Commission to the Chairman, Akhil Bhartiya
Gandharva Mahavidyalaya Mandal, Mumbai in
response to the letter of the said Akhil Bhartiya
22 WP 6627 of 2006
Gandharva Mahavidyalaya Mandal, Mumbai informing
that the University Grants Commission had advised
that institution like Akhil Bhartiya Gandharva
Mahavidyala Mandal, Mumbai, which were not
considered as Universities within the University
Grants Commission Act and were not competent to
award degrees and to use name of University. By
the said letter, it is made clear that the
institutions like the said Akhil Bhartiya
Gandharva Mahavidyalaya Mandal, Mumbai were
competent to award certificates in diplomas. It
was further mentioned in the said letter that no
advice has been given by the University Grants
Commission to any University to the effect that
they should not appoint any person who had taken
diploma from non-University institutions, which
may be considered by universities as equivalent
to degrees awarded by universities.
26] The learned counsel submits that
University Grants Commission had thus conveyed
its no objection, to such institution appointing
23 WP 6627 of 2006
person who had taken diploma certificate from
non-University institutions, which may be
considered equivalent to degrees awarded by the
universities. He submits that admittedly, the
Marathwada University had already issued an
Ordinance prescribing degree of 'Sangeet Alankar'
obtained from Akhil Bhartiya Ghandharva
Mahavidyalaya Mandal, Mumbai as qualified degree
and Dr.Babasaheb Ambedkar Marathwada University
having issued a Circular to the effect that the
degree of 'Sangeet Alankar' issued by Akhil
Bhartiya Gandharva Mahavidyala Mandal, Mumbai is
equivalent to M.A.(Music). He submits that the
University Grants Commission could not have
refused to issue certificate of NET examination
though the petitioner had appeared for the said
examination on the ground that the diploma/degree
in 'Sangeet Alankar' from Akhil Bhartiya
Gandharva Mahavidyala Mandal, Mumbai was not
equated with post-graduate degree of Indian
Universities.
24 WP 6627 of 2006
27] Learned counsel for the petitioner
invited our attention to the order of appointment
dated 1st August 1998 issued by Shri Sharada
Bhavan Education Society's Yeshwant
Mahavidyalaya, Nanded as a Lecturer in music at
senior college level in accordance with the State
Government Rules in force. He submits that at
that stage, the petitioner had not acquired
qualification of NET.
28] It is submitted by the learned counsel
for the petitioner that 14 Universities had
granted recognition to the degree of 'Sangeet
Alankar' as equivalent to a post-graduate degree
issued by Akhil Bhartiya Gandharva Mahavidyalaya
Mandal, Mumbai. The management of the college had
supported the case of the petitioner and had
stated that though various representations were
made to the authorities, the University Grants
Commission refused to issue NET examination
certificate to the petitioner.
25 WP 6627 of 2006
29] Mr.Alok Sharma, learned counsel for the
University Grants Commission, on the other hand,
invited our attention to the Notification issued
by his client prescribing the conditions for
making an application for appearing in NET in the
month of July, 2000. He placed reliance on clause
3 of the said Notification and submitted that it
was made clear that the candidates, other than
the scheduled caste and scheduled tribes
categories, who had secured 55% marks without
grace in master's degree or equivalent
examination in humanities including languages and
social sciences, computer applications etc., for
considering their application as eligible for the
test.
30] It is submitted that in the said
advertisement, it was made clear that their
candidature was provisional and the mere fact
that admission cards were issued to candidates
will not imply that the commission had accepted
his/her candidature. The candidates were
26 WP 6627 of 2006
directed to note that their candidature would be
deemed final upon verification of eligibility
condition with respect to the documents enclosed
with their applications as may be called for. He
submits that the subject music was prescribed at
Sr.No.16 in the said list. Merely because the
petitioner was issued admission card and was
allowed to appear for the said NET test, would
not create any right in favour of the petitioner
and the same was specifically made subject to the
petitioners satisfying the eligibility condition.
31] It is submitted that the University
Grants Commission has rightly refused to issue
certificate of NET examination to the petitioner
in view of the fact that the said degree in
'Sangeet Alankar' issued by Akhil Bhartiya
Gandharva Mahavidyalaya Mandal, Mumbai was not
recognized as University by the University Grants
Commission. It is submitted that the petitioner
was not even eligible to appear for the said NET
examination in view of the fact that the degree
27 WP 6627 of 2006
in 'Sangeet Alankar' relied upon by the
petitioner was not a recognized degree. He
submits that the impugned order passed by
University Grants Commission holding that the
diploma/degree in 'Sangeet Alankar' from Akhil
Bhartiya Gandharva Mahavidyalaya Mandal, Mumbai
being not equated with post graduate degree of
the universities recognized by the University
Grant Commission, is thus justified and not
illegal.
32] Learned counsel for the respondent no.2
invited our attention to the definition of
University defined under Section 2(f) of the
University Grants Commission Act, 1956 and would
submit that since the said Akhil Bhartiya
Gandharva Mahavidyalaya Mandal, Mumbai was not
recognized by the University Grants Commission in
accordance with the provisions of University
Grants Commission Act, the University Grants
Commission had rightly refused to issue NET
examination certificate to the petitioner. He
28 WP 6627 of 2006
submits that the said NET examinations were to be
conducted only by the University Grants
Commission and not by any of the universities and
thus the prescribed qualification for appearing
in the said NET examination by any of the
candidates could be prescribed only by the
University Grants Commission and not by the
universities.
33] Learned counsel for the University
Grants Commission relied upon the University
Grants Commission (Qualifications required of a
person to be appointed to the teaching staff of
the University and Institutions affiliated to it)
Regulations, 1991 and in particular Regulation
No.2 and 3(c), which provides for qualifications
for Lecturer in Music. He submits that since the
said degree in 'Sangeet Alankar' is not an
equivalent degree to a degree from any Indian
University, the petitioner was not eligible to
appear for the said NET examination.
29 WP 6627 of 2006
34] Learned counsel appearing for the
University Grants Commission invited our
attention to a letter dated 11th September 2001
from his client informing various candidates
including the petitioner that they were declared
disqualified in the University Grants
Commission's test for lectureship held on 2nd
July, 2000 for not fulfilling minimum eligibility
condition laid down for the test in view of her
degree/diploma being not equated with post-
graduate degree of Indian universities. He also
invited our attention to the impugned
communication dated 4th September 2006 from the
University Grants Commission to the Board of
College and University Development, Swami
Ramanand Teerth Marathwada University, Nanded
informing the said University that the petitioner
herein have been declared disqualified in NET
held on 2nd July 2000 due to non-fulfilling of
minimum eligibility condition laid down for the
test in view of the diploma/degree obtained by
her in 'Sangeet Alankar' from Akhil Bhartiya
30 WP 6627 of 2006
Gandharva Mahavidyalaya Mandal, Mumbai, was not
equated with post-graduate degree of Indian
universities.
35] It is submitted that even the
Association of Indian Universities had not
granted any recognition to the degree of 'Sangeet
Alankar' issued by Akhil Bhartiya Gandharva
Mahavidyalaya Mandal, Mumbai. He submits that
under the provisions of the University Grants
Commission Act, 1956, the University Grants
Commission has to maintain and preserve the
quality and to maintain uniformity in the field
of education and thus cannot permit a candidate
to appear for NET examination, who did not have
post-graduate degree conferred by a University
recognized and approved by the National Grants
Commission.
36] Mr.M.V.Deshpande, learned counsel for
the petitioner in the rejoinder placed reliance
on Section 5 of the Maharashtra Universities Act,
31 WP 6627 of 2006
1994 and would submit that under Section 5(17),
(19) and (20), the University defined under
Section 2(36) which are mentioned in Schedule,
only are empowered to institute degrees and post
graduate diplomas, post higher secondary diplomas
and other academic distinctions on the basis of
examinations prescribed by the universities, or
by other tests or otherwise. It is submitted by
the learned counsel that Statutes are required to
be found by the universities. He also placed
reliance on Section 76 of the Maharashtra
Universities Act, 1994 under which the procedure
is prescribed for the appointment of the
University teachers. He submits that it is not
in dispute that the petitioner had appeared for
NET examination and had passed in the said
examination.
37] In so far as the Schedule appended to
the Maharashtra Universities Act, 1994 is
concerned, he submits that the name of
Dr.Babasaheb Ambedkar Marathwada University,
32 WP 6627 of 2006
which was constituted under the Marathwada
University Act, 1974 for the University area for
the Districts of Aurangabad, Jalna, Beed and
Osmanabad, is already included in the said
Schedule at Sr.No.4 and was thus empowered to
accept the degree in 'Sangeet Alankar' issued by
the Akhil Bhartiya Gandharva Mahavidyalaya
Mumbai, Mumbai as equivalent to a post-graduate
degree of M.A.(Music).
38] It is submitted that even under the
Statute of the Marathwada University under the
provisions of Marathwada University Act, 1974,
the said degree in 'Sangeet Alankar' issued by
Akhil Bhartiya Gandharva Mahavidyalaya Mandal,
Mumbai, has been considered as equivalent to M.A.
(Music). He submits that the University Grants
Commission thus cannot interfere with the powers
of the universities, whose names are described in
the Schedule appended to Maharashtra Universities
Act, 1994 and the University defined under
Section 2(36) of the Maharashtra Universities
33 WP 6627 of 2006
Act, 1994.
39] Learned counsel for the petitioner
placed reliance on Section 51(8) of the
Maharashtra Universities Act, 1994 and would
submit that the Statutes, which are issued by the
universities under the provisions of the said
Act, can provide for qualifications,
recruitments, duties and conditions of service of
teachers/officers and other employees of the
universities and the affiliated colleges, the
provisions of pension and gratuity and provident
fund etc. He submits that under Section 53 of
the said Maharashtra Universities Act, 1994, the
Management Council is empowered to issue
Ordinances to provide for the qualification and
classification of the teachers in the
University's departments and colleges and
recognized institutions. He submits that under
Section 54(4) of the Maharashtra Universities
Act, 1994, the Ordinance issued by the
Management Council has effect from such date as
34 WP 6627 of 2006
it may direct.
40] It is submitted that there is a clear
distinction between the powers of the
universities to confer degrees and to decide
about the qualification for grant of such degrees
by the universities to the candidates and to
prescribe conditions governing the appointment
of the teachers in the University departments,
colleges and recognized institutes whereas the
powers of the University Grants Commission are to
prescribe the conditions for appearing for NET
examination after such degrees are granted by the
concerned universities under the provisions of
Maharashtra Universities Act, 1994. He invited
our attention to the said Ordinance at page No.28
of the Writ Petition to the effect that the
degree in 'Sangeet Alankar' issued by Akhil
Bhartiya Gandharva Mahavidyalaya Mandal, Mumbai
is equivalent to M.A.(Music). Learned counsel
invited our attention to the advertisement issued
by the University Grants Commission and submits
35 WP 6627 of 2006
that the petitioner has complied with all the
terms and conditions of the said advertisement
issued by the University Grants Commission and
thus, a certificate of passing the NET
examination in favour of the petitioner could not
have been withheld by the University Grants
Commission for the erroneous reasons.
41] In so far as submission of the learned
counsel for the respondent no.2 that even the
Association of All Indian Universities has not
recognized the degree in 'Sangeet Alankar' as
equivalent to a post-graduate degree of a
recognized University is concerned, it is
submitted by the learned counsel for the
petitioner that no affidavit in reply is filed by
the said Association of All Indian Universities
in this Writ Petition though served. Both the
parties placed reliance on two separate
communications from Association of All Indian
Universities taking a different stand in the
matter of the issue 'whether the degree in
36 WP 6627 of 2006
'Sangeet Alankar' was approved and recognized by
the Association of All Indian Universities or
not'.
Reasons and Conclusion:-
42] A perusal of the record indicates that
the petitioner had joined undergraduate course in
music as 'Sangeet Visharad' conducted by the
Akhil Bhartiya Gandharva Mahavidyalaya Mandal,
Mumbai and had completed the said course by
November, 1989 in second class. The petitioner
had completed post-graduate in music i.e.
'Sangeet Alankar' by November, 1993 and passed in
second division. The copies of the certificate
issued by the Akhil Bhartiya Gandharva
Mahavidyalaya Mandal, Mumbai in favour of the
petitioner are annexed to the Writ Petition. On
24th January, 1962, the Government of Maharashtra
conveyed a Resolution passed by the Government to
the Akhil Bhartiya Gandharva Mahavidyalaya
Mandal, Mumbai, according recognition to the
37 WP 6627 of 2006
certificates of 'Sangeet Alankar' and 'Sangeet
Visharad' awarded by Akhil Bhartiya Gandharva
Mahavidyalaya Mandal, Mumbai and the certificates
of 'Sangeet Visharad Parangat' awarded by the
Bharat Gayan Samaj, Pune for the purpose of
appointment of the persons as music teachers in
educational institutions in the State of
Maharashtra.
43] Under the provisions of Marathwada
University Act, 1974, the Marathwada University
had prescribed minimum qualification for a
teacher for Indian music to teach the
undergraduate students. The said ordinance
clearly provides that the degree in 'Sangeet
Alankar' issued by Akhil Bhartiya Gandharva
Mahavidyalaya Mandal, Mumbai is considered as
qualified for a teacher to teach Indian music to
undergraduate students. Dr.Babasaheb Ambedkar
Marathwada University also had issued a Circular
in the month of July, 1994 recognizing various
certificates/diplomas as equivalent to a post-
38 WP 6627 of 2006
graduate degree. It clearly indicates that the
certificate in 'Sangeet Alankar' issued by Akhil
Bhartiya Gandharva Mahavidyalaya Mandal, Mumbai
was made equivalent to M.A. in music.
44] On 21st November, 1994, the Higher and
Technical Education and Employment Department,
Mantralaya issued an order by exercising powers
conferred under Section 112(C) of the Maharashtra
Universities Act, 1994 directing that the
Statutes, Ordinances, Regulations and Rules made
by Dr.Babasaheb Ambedkar Marathwada University,
Aurangabad, shall in so far as they are not
inconsistent with the provisions of Maharashtra
Universities Act, 1994 continue in force and
deemed to have been made under the said
Maharashtra University Act, 1974 by Swami
Ramanand Teerth University, Nanded until they are
superseded or modified by exercising the powers
under the said Maharashtra Universities Act, 1994
by Swami Ramanand Teerth University, Nanded.
39 WP 6627 of 2006
45] It is thus clear that the State
Government had recognized the certificates of
'Sangeet Alankar' and 'Sangeet Visharad' awarded
by Akhil Bhartiya Gandharva Mahavidyalaya Mandal,
Mumbai by passing a Resolution for the purpose of
appointment of persons as music teachers in
education institutions in the State of
Maharashtra. Ordinances issued by the Marathwada
University and the Circular issued by
Dr.Babasaheb Ambedkar Marathwada University
clearly indicate that by exercising powers under
the Maharashtra Universities Act, 1994 and under
the Marathwada University Act, 1974, the degree
in 'Sangeet Alankar' issued by Akhil Bhartiya
Gandharva Mahavidyalaya Mandal, Mumbai, has been
approved as equivalent to M.A.(Music). Large
number of universities all-over India have
accepted the said degree in 'Sangeet Alankar'
issued by the Akhil Bhartiya Gandharva
Mahavidyalaya Mandal, Mumbai as equivalent to
M.A.(Music).
40 WP 6627 of 2006
46] A perusal of Section 76 of the
Maharashtra Universities Act, 1994 provides for
selection and appointment of University teachers
subject to the provisions of the said Maharashtra
Universities Act, 1994 Statutes and Ordinances
till the University Grants Commission's scheme of
recruitment becomes operative. Under Section
51(8) of the Maharashtra Universities Act, 1994,
the universities are authorized to issue
Statutes, which may provide various matters
including the matters in respect of
qualification, recruitment, duties and conditions
of service of the teachers, officers and other
employees of the University and the affiliated
colleges etc. Section 52 of the Maharashtra
Universities Act, 1994 provides the manner in
which the Statutes may be made, amended or
repealed by Senate and also prescribes the powers
of the Management Council to pass such Statutes.
Under Section 54(4) of the said Maharashtra
Universities Act, all such Ordinances made by the
Management Council has effect from such date as
41 WP 6627 of 2006
may direct.
47] It is not the case of the University
Grants Commission that the Statutes and
Ordinances issued by the Marathwada University
and Dr.Babasaheb Ambedkar Marathwada University
are inconsistent with the provisions of the
Maharashtra Universities Act, 1994. The
University Grants Commission Act does not provide
any powers for conferring any degrees on any of
the candidates appearing for examination for any
undergraduate or graduate course, which can be
conferred only by the universities within the
meaning of Section 2(36) of the Maharashtra
University Act, 1994 and such universities
mentioned in schedule appended in the said Act.
However, there is no dispute that University
Grants Commission is empowered to conduct NET
examinations under the provisions of the
University Grants Commission Act and under
various Regulations framed by the University
Grants Commission by exercising powers conferred
42 WP 6627 of 2006
under the provisions of University Grants
Commission Act.
48] In our view, the powers exercised by the
university under the provisions of Maharashtra
Universities Act, 1994 and powers exercised by
the University Grants Commission under the
provision of University Grants Commission Act,
are not overlapping and are distinct in nature.
The University Grants Commission does not have
power to decide as to which degree issued by any
of the institutions or by universities within the
meaning of Section 2(36) of the Maharashtra
Universities Act, 1994, is equivalent to any
degree issued by a recognized University or not.
Such powers vest with the respective universities
defined under Section 2(36) of the Maharashtra
Universities Act, 1994, whose names are
prescribed in schedule appended to the
Maharashtra Universities Act, 1994. It is not in
dispute that Dr.Babasaheb Ambedkar Marathwada
University constituted under the provisions of
43 WP 6627 of 2006
Marathwada University Act, 1974 for the
Districts of Aurangabad, Jalna, Beed and
Osmanabad, is one of the University mentioned in
the said Schedule, which is empowered to issue
various Ordinances and Statutes to prescribe the
conditions for qualification and other service
conditions for the purpose of appointment of
teaching and non-teaching staff in the colleges
affiliated to such University.
49] A perusal of the Communication dated
10.07.1976 from the University Grants Commission
to the Chairman of Akhil Bhartiya Gandharva
Mahavidyalaya Mandal, Bombay also clearly
indicates that though in the said letter, it was
conveyed that the said institution must not be
considered as University within the meaning of
University Grants Commission and was not
competent to award degrees and use the name of
University, such institution was competent to
award certificates or diplomas. The University
Grants Commission in the said letter did not take
44 WP 6627 of 2006
any stand that the degrees/Certificates granted
by such institutions could not have been made
equivalent or accepted as Post-Graduate Degree of
any recognized University under the provisions of
University Grants Commission Act. On the
contrary, it was made clear that no finding was
given by the University Grants Commission to any
University to the effect that they should not
appoint persons who have taken
Diploma/Certificates from non-university
institutions which may be considered by the
University as equivalent to degrees awarded by
the Universities.
50] It is thus clear that no condition is
imposed by the University Grants Commission not
to appoint a candidate, who had taken diploma or
certificates from non-university institution,
which may be considered by the University as
equivalent to degrees awarded by the
Universities. In view of this communication also
from the University Grants Commission to the
45 WP 6627 of 2006
Akhil Bhartiya Gandharva Mahavidyala Mandal
( Bombay ), we are of the view that Dr. Babasaheb
Ambedkar University having accepted the
Certificate in Sangeet Alankar as equivalent to
M.A. in Music, the University Grants Commission
could not have refused to issue certificate of
passing in N.E.T. Examination to the petitioner
on the ground that such Certificate in Sangeet
Alankar could not have been considered as Sangeet
Alankar to a Post Graduate Degree. The order
passed by the University Grants Commission is
contrary not only to the provisions of
Maharashtra Universities Act 1994, the University
Grants Commission Act, 1926, but also contrary to
their own decision dated 10th July 1976 conveyed
to the Chairman of Akhil Bhartiya Gandharva
Mahavidyala Mandal (Bombay).
51] In so far as submission of the learned
counsel for the University Grants Commission that
the candidates were made clear in the
advertisement/notification issued by the
46 WP 6627 of 2006
University Grants Commission that even if an
admission card granted to a candidate, it would
not be implied that an University Grants
Commission had finally accepted his Master's
Degree and the same was subject to the
eligibility criteria is concerned, it is not the
case of the petitioner that the petitioner is
seeking eligibility certificate of passing N.E.T.
Examination on the ground that though the
certificate of Sangeet Alankar cannot be
considered as equivalent to M.A. in Music, since
she was issued the admission card by the
University Grants Commission for appearing for
the N.E.T. Examination, she should be issued
N.E.T. Examination Certificate by the University
Grants Commission.
52] The conditions of eligibility prescribed
in the Notification/Ordinance issued by the
University Grants Commission also mentioned that
the candidate should have secured 55 % marks in
Master's Degree or equivalent examination in
47 WP 6627 of 2006
various subjects are eligible for appearing in
the said N.E.T.Examination. The conditions
prescribed in the said Notification/Ordinance
does not indicate that the only candidate who had
obtained Post-graduate degree from university
defined under Section 2(f) of the University
Grants Commission Act 1956 were qualified to
appear for the said N.E.T. Examination conducted
by the University Grants Commission. Section 22
of the University Grants Commission Act 1956 is
extracted as under:-
"22 Right to confer degrees.
(1) The right of conferring or granting
degrees shall be exercised only by a
University established or incorporated
by or under a Central Act, a Provincial
Act or a 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.
(2) Save as provided in sub-section
(1), no person or authority shall
confer, or grant, or hold himself or
48 WP 6627 of 2006
itself out as entitled to confer or
grant, any degree.
(3) For the purposes of this section,
degree' means any such degree as may,
with the previous approval of the
Central Government, be specified in
this behalf by the Commission by
notification in the Official Gazette."
53] In our view, in view of Section 22 of
the University Grants Commission Act 1956, the
power or right of conferring to grant degrees was
under the provisions of Maharashtra Universities
Act 1994 and conferred on the universities
mentioned in the Schedule as prescribed under
section 2(36) of the Maharashtra Universities Act
1994 which includes name of Dr. Babasaheb
Ambedkar Marathwada University constituted under
the Marathwada University Act 1994 for the
Districts of Aurangabad, Jalna, Beed and
Osmanabad. Under the provisions of Maharashtra
Universities Act 1994, such Universities are
empowered to consider the certificates or degrees
of other universities or institutions as
49 WP 6627 of 2006
equivalent by issuing ordinances and statutes.
In our view, the submissions made by the learned
Counsel for the University Grants Commission are
thus contrary to the provisions of the
Maharashtra Universities Act 1994 and also the
provisions of University Grants Commission Act
1956.
54) In so far as the submission of the
learned Counsel for the University Grants
Commission that the Association of Indian
Universities also has not recognized the
Certificate in Sangeet Alankar as equivalent to
Master's Degree in Music of recognized University
is concerned, it is not in dispute that though
Association of Indian Universities who is
impleaded as respondent No. 3 to this Writ
Petition and was served with the papers and
proceedings and the notices, none appeared for
the said Association. No affidavit has been
filed. In our view, the Association of Indian
Universities is not empowered to recognize or not
50 WP 6627 of 2006
to recognize any degree or certificate of non-
university or institution to recognize or not to
recognize certificate or degree issued by the
non-university or institutions as equivalent to a
degree and more particularly Post- Graduate
Degree of a University within the meaning of
Maharashtra Universities Act or within the
meaning of 'University' as defined under the
provisions of Universities Grants Commission Act
1956. Learned counsel for the University Grants
Commission could not point out any provisions of
law in support of this submission.
55) Learned Counsel appearing for the
petitioner and learned Counsel for the University
Grants Commission placed reliance on two separate
communications of the Association of Indian
Universities. In so far as the letter dated 29th
November 2001 from the Association of Indian
Universities to the University Grants Commission
is concerned, a perusal of the said letter
indicates that the University Grants Commission
51 WP 6627 of 2006
has been conveyed that All India Association of
Indian Universities had not given equivalence to
Sangeet Alankar, Sangeet Nipun, and Sangeet
Praveen of Akhil Bhartiya Gandharva Mahavidyalaya
Mandal, Bombay, and other three institutes as
equivalent to Master's Degree in Music. However,
vide a letter dated 26.07.2006 addressed by the
Association of Indian Universities to Principal
of the Yeshwant Mahavidyalaya, Nanded, which
letter is relied upon by the learned Counsel for
the petitioner is concerned, the said Yeshwant
Mahavidyala was informed that association of
Indian Universities had not granted recognition
to Sangeet Alankar of Akhil Bhartiya Gandharva
Mahavidyalaya Mandal, Mumbai with Master's Degree
in Music. The Association of Indian Universities
has further informed that as per information of
the said Association of Indian Universities, few
universities in the country have recognized
Sangeet Alankar Examination of Akhil Bhartiya
Gandharva Mahavidyalaya Mandal, Mumbai as
equivalent to Master's Degree in Music. Dr.
52 WP 6627 of 2006
Babasaheb Ambedkar Marathwada University has also
recognized the said examination as equivalent to
Master's Degree in Music. The candidate was
allowed to appear in the UGC Examination. The
Association of Indian Universities accordingly
requested the Yeshwant Mahavidyala to decide the
case in the context of the facts summarised in
the said letter.
56) By a separate letter dated 3rd October
2006 the Association of Indian Universities had
forwarded a copy of the said letter dated
26.07.2006 issued by the Association of Indian
Universities to the Principal of Yeshwant
Mahavidyalaya, Nanded to the petitioner herein in
response to her letter dated 29.08.2006 addressed
by her to the Association of Indian Universities.
A perusal of the aforesaid correspondence clearly
indicates that though Association of Indian
Universities had conveyed that it had not granted
equivalence to Sangeet Alankar of Akhil Bhartiya
Gandharva Mahavidyalaya Mandal, Mumbai, the said
53 WP 6627 of 2006
association of Indian Universities has
acknowledged the fact that some of the
Universities in India have been recognizing the
said Certificate in Sangeet Alankar Examination
of Akhil Bhartiya Gandharva Mahavidyalaya Mandal,
Mumbai including Dr.Babasaheb Ambedkar Marathwada
University to Master's Degree in Music.
57] Regulation 2 of the University Grants
Commission (Qualifications required of a person
to be appointed to the teaching staff of the
University and institutions affiliated to it)
Regulations, 1991, provides that no person shall
be appointed to a teaching post in University or
in any of institutions including constituent or
affiliated colleges recognized under Clause (f)
of Section 2 of the University Grants Commission
Act, 1956, or in an institution deemed to be a
University u/s 3 of the said Act in a subject if
it does not fulfill the requirement as to the
qualifications for the appropriate subjects as
provided in the Schedule I. The proviso to said
54 WP 6627 of 2006
Regulation provides that any relaxation in the
prescribed qualifications can only be made by a
University in regard to the post under it or any
of the institutions including constituent or
affiliated colleges recognized under Clause (f)
of Section 2 of the said Act or by an institution
deemed to be a University u/s 3 of the said Act
with the prior approval of the University Grants
Commission.
58] Schedule I prescribes the minimum
qualifications for the post of Professors,
Readers, Lecturers in subjects other than Fine
Arts, Management, Engineering and Technology in
Universities or colleges for appointment of
persons through open advertisement and for
promotion of persons as Reader and placement in
Selection Grade Lecturer and Senior Scale
Lecturer. Clause 3(c) of the Schedule I provides
the minimum qualification insofar as the post of
Lecturer in Music is concerned. The
qualification provided is as under:-
55 WP 6627 of 2006
"(c) Music - Good academic record with
at least 55% marks or an equivalent grade
at Master's degree level in relevant
subject or an equivalent degree from an
Indian / Foreign University.
Candidates besides fulfilling
the above qualifications should have
cleared the eligibility test for
Lecturers conducted by UGC, CSIR or
similar test accredited by the UGC.
A traditional or a professional
artist with a highly commendable
professional achievement in the subject
concerned."
59] A conjoint reading of the aforesaid
provision clearly indicates that the
qualification for a teaching post in the
University is clearly provided in the said
Regulations, which can be decided only by the
University. The concerned University has already
accepted and declared the certificate/degree in
'Sangit Alankar' issued by the respondent no.7-
Akhil Bhartiya Gandharva Mahavidyalaya Mandal,
56 WP 6627 of 2006
Bombay, as equivalent to post graduate degree of
M.A. in Music. The learned counsel for the
University Grants Commission could not point out
any other provision in support of his submission
that the qualification for a Lecturer or any
other teaching faculty to be appointed by the
respective Universities could also be decided
only by the University Grants Commission and more
particularly a condition for eligibility for
appearing in the NET test being conducted by the
University Grants Commission.
60] We are of the view that the University
in this case had clearly decided the
qualification and the equivalence of the
certificate issued by the respondent no.7 as
equivalent to post graduate degree of M.A. in
Music and thus the University Grants Commission
could not have refused to issue a certificate of
passing the NET test by the petitioner.
61] In our view, the petitioner has thus
57 WP 6627 of 2006
made out the case for grant of reliefs as prayed
in the writ petition. We therefore, pass the
following order :-
ORDER
(I) Writ Petition No.6627 of
2006 is allowed. Rule is made
absolute in terms of prayer
Clauses (A),(B),(D) and (E).
(II) In view of disposal of
Writ Petition No.6627 of 2006,
Civil Application Nos.16045 of
2015 and 12693 of 2016 do not
survive and are accordingly
disposed of.
(III) No order as to costs.
(SUNIL K. KOTWAL, J.) (R.D. DHANUKA, J.)
spt
