Telangana High Court
WP/25045/2009 of Ghouse Mohammad Vs The Andhra University on 29 December 2009
L.NARASIMHA REDDY WRIT PETITION No.25045 of 2009 ORDER: The petitioner took admission into the first year of M.C.A. course in AQJ Centre of P.G. Studies, MVP Colony, Visakhapatnam, the second respondent herein, which is affiliated to the first respondent- university. After the admissions were
HON’BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION No.25045 of 2009
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ORDER:
The petitioner took admission into the first year ofM.C.A. course in AQJ Centre of P.G. Studies, MVPColony, Visakhapatnam, the second respondent herein,which is affiliated to the first respondent- university.
After the admissions were made, the secondrespondent sent the list of candidates to the firstrespondent for approval, as required under the relevantRegulations. The admission of the petitioner was notapproved by the first respondent on the ground that B.Scdegree secured by the petitioner from AlagappaUniversity, Tamilnadu, through distance mode, is notrecognized by them. To this effect a letter, dated18.05.2009, was addressed to the second respondent. The petitioner feels aggrieved by the same andchallenges the action of the first respondent in notapproving his admission.
Heard the learned counsel for the petitioner and thelearned Standing Counsel for the first respondent.
The candidate must have passed degree coursefrom a recognized university to seek admission intoM.C.A. course. The first respondent has the prerogativeto recognize the equivalency of the degrees, which havebeen conferred by various institutions or universities. It is not in dispute that the petitioner obtained B.Sc degreefrom Alagappa University, Tamilnadu, through distancemode. It was not a regular course. The first respondentexamined the matter and made a finding that the degreesof that nature were not recognized by it and refused toaccord approval for the admission of the petitioner intoM.C.A. course. In the matter of recognition of equivalenceof degrees, the individual universities on the one handand university Grants Commission on the other handhave an important role to play. Recently this Court had anoccasion to deal with this issue in W.P.No.22922 of 2006and batch, dated 02.12.2009. It was held that unless adegree awarded by a deemed university through distancemode is recognized by the University Grants Commission,A.I.C.T.E and Indira Gandhi National Open University inaccordance with the prescribed procedure, no one canclaim the benefit thereof. The petitioner does not statethat the degree awarded by Algappa University,Tamilnadu is recognized by the said agencies.
It is urged on behalf of the petitioner that the firstrespondent did not indicate its policy vis-à-vis therecognition of equivalence and that the petitioner hasalready completed I semester. This is not a case wherethe first respondent recognized the decrees awarded byAlagappa University, Tamilnadu, till recently and that itchanged the decision after the petitioner was admitted. Atno point of time, the first respondent recognized such degrees. The mere fact that the petitioner was on the rollsof the second respondent for some time, does not makeany difference. His very admission was subject toapproval by the university. Ultimately, the degree is to beawarded by the first respondent and unless approval isaccorded by it, the petitioner could not claim any rights. The admission of the petitioner into the course cannot betreated as legal or valid.
Hence, the writ petition is dismissed. There shall beno order as to costs.
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JUSTICE L.NARASIMHA REDDY
29[th] December 2009dr