Rajasthan High Court - Jodhpur
State Of Rajasthan vs Sarita Chauhan ... on 9 October, 2023
Bench: Vijay Bishnoi, Yogendra Kumar Purohit
[2023:RJ-JD:34017-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Special Appeal Writ No. 795/2022
1. State Of Rajasthan, Through Secretary, Dept. Of Technical
Education, Government Of Rajasthan, Jaipur.
2. M.L.V. Government Textile and Engineering Institute
Society, Pratap Nagar, Bhilwara, Through its Registrar.
3. Principal, M.L.V. Government Textile and Engineering
College, Pratap Nagar Bhilwara.
----Appellants
Versus
Sarita Chauhan W/o Shri Chandra Deep Singh Chauhan, Aged
About 38 Years, R/o 9A MTM Scheme, R.K. Colony, Bhilwara.
----Respondent
For Appellant(s) : Mr. Kailash Choudhary
for Mr. Manish Vyas, AAG
For Respondent(s) : Mr. D.S. Sodha
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Judgment
09/10/2023
1. This intra court appeal has been filed by the appellants being
aggrieved with the order dated 16.02.2022 passed by the learned
Single Judge in S.B. Civil Writ Petition No.18994/2018 (Sarita
Chauhan Vs. State of Rajasthan & Ors.), whereby while allowing
the said writ petition, learned Single Judge quashed and set aside
the conclusion reached by the Board of Governors of appellant
No.2-M.L.V. Textile Institute Society, Bhilwara 1 in the Minutes of its
15th Meeting dated 17.07.2015, whereby it refused to accept the
M.Tech. (VLSI) Degree of the respondent.
1 For brevity hereinafter to be referred as 'the appellant No.2-Society'.
[2023:RJ-JD:34017-DB] (2 of 4) [SAW-795/2022]
2. Learned Single Judge vide impugned order dated 16.02.2022
also quashed and set aside the recovery order dated 03.03.2015,
whereby the appellant No.3-M.L.V. Government Textile and
Engineering College, Bhilwara2 sought to recover the monitory
benefits granted to the respondent earlier. It was further directed
to the appellants to enter the qualification of M.Tech. (VLSI)
Degree in the service record of the respondent and to grant her all
the consequential benefits arsing out of the same.
3. Brief facts of the case are that the respondent, who was
working as Lecturer with the appellant No.3-College, sought
permission from it to pursue the M.Tech. (VLSI) Weekend
Programme conducted by the Mewar University, Chittorgarh. After
getting due permission, the respondent successfully completed the
said course and moved a representation before the appellant
No.3-College to enter M.Tech. (VLSI) Degree in her service book.
4. The appellant Nos.2 and 3 were having some doubt
regarding M.Tech. (VLSI) Degree of the respondent, therefore,
they sought clarification from Mewar University, Chittorgarh, who
conducted the said M.Tech. (VLSI) Weekend Programme course
and later on, also sought response from the University Grants
Commission, New Delhi3 in respect of the same degree.
5. The Mewar University, Chittorgarh as well as UGC verified
that M.Tech. (VLSI) Degree obtained by the respondent is valid
and be treated as regular degree.
6. Despite receiving the said clarifications from the Mewar
University, Chittorgarh as well as UGC, the appellant Nos.2 and 3
2 For brevity hereinafter to be referred as 'the appellant No.3-College'.
3 For brevity hereinafter to be referred as 'the UGC'.
[2023:RJ-JD:34017-DB] (3 of 4) [SAW-795/2022]
refused to recognize the M.Tech. (VLSI) Degree obtained by the
respondent on the ground that the Board of Governors of
appellant No.2-Society in the Minutes of its 15 th Meeting dated
17.07.2015 refused to accept the said degree of the respondent.
7. Simultaneously, the benefits granted to the respondent were
ordered to be withdrawn by the appellant No.3-Collage and order
of recovery of the monitory benefits were also issued.
8. Being aggrieved with the action of the appellants, the
respondent preferred SBCWP No.18994/2018, which came to be
allowed vide impugned order dated 16.02.2022.
9. Heard learned counsel for the parties and perused the
material available on record.
10. There is no dispute that the respondent sought permission
from the appellant Nos.2 and 3 for pursuing M.Tech. (VLSI)
Weekend Programme, conducted by the Mewar University,
Chittorgarh. The said permission was duly granted and the
respondent obtained the said M.Tech. (VLSI) Degree.
11. In respect of the quarry raised by the appellant Nos.2 and 3,
the Mewar University, Chittorgarh as well as UGC clarified that the
M.Tech. (VLSI) Degree obtained by the respondent is as good as
regular degree and valid for all the purposes.
12. The Board of Governors of appellant No.2-Society in the
Minutes of its 15th Meeting dated 17.07.2015 simply resolved that
the case of M.Tech. (VLSI) Degree obtained by the respondent
was refused, however, no reasons whatsoever was assigned for
not recognizing the M.Tech. (VLSI) Degree of the respondent.
[2023:RJ-JD:34017-DB] (4 of 4) [SAW-795/2022]
13. Learned Single Judge, after taking into consideration the
above noted facts, allowed the writ petition SBCWP
No.18994/2018 vide impugned order dated 16.02.2022, which in
our opinion has rightly done, and also granted certain reliefs to
the respondent.
14. In view of the above, we don't find any illegality in the order
impugned passed by the learned Single Judge.
15. Hence, no interference in this special appeal writ is made out
and the same is hereby dismissed.
(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J
Abhishek Kumar
S.No.92
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