CONSUMER
NEWS
Two
degree at the same time issue ;SC Issues notice for taking up case to set
controversy ;
17TH Feb ,2022
Sushil
Kumar Patel Etc. v. State of Madhya Pradesh And Ors. Etc.
Basic
issue
Whether
two degrees obtained simultaneously, during the same academic year, can be
considered for employment purposes.
A
Bench comprising Justices K.M. Joseph and Hrishikesh Roy entertained
an appeal assailing the order of the Madhya Pradesh High Court, which
dismissed the petitioners' plea on the ground that pursuing Master's and
Bachelor of Education ("B.Ed.") simultaneously is not permissible as
it would affect the validity of the degree and impact their appointment as
teachers.
Facts
of the case
An
advertisement was issued by the Professional Examination Board, Madhya
Pradesh in September, 2018 for recruitment of teachers in High Schools. The
original petitioner, in the main matter, had filled the application form for
Biology. She completed her M.Sc (Zoology) through an Open Distance
Learning Programme during September-October 2008 to September-October, 2010.
She was enrolled as a regular student in B.Ed. Course in 2009 and
appeared for examination in 2010.
Qualification
Required -As per the M.P. School Education Service (Teaching Cadre) Service
Conditions and Recruitment Rules, 2018 ("2018 Rules"), the
educational qualification required to be recruited as a teacher was Master's
Degree in relevant subjects and B.Ed. or its equivalent.
According to the M.P. School Education Service (Teaching Cadre)
Service Conditions and Recruitment Rules, 2018 (“2018 Rules”), the educational
requirements for being hired as a teacher were a Master’s Degree in relevant
fields and a B.Ed. or its equivalent. On June 23, 2020, an order was issued
stating that a candidate who holds two degrees in the same academic year will
be disqualified.
The petitioners challenged this ruling on the following grounds:
it was not notified in accordance with Rule 9(4) of the 2018 Rules, which
requires disqualification to be notified by the Government from time to time
and made applicable to the candidates.
High
Court order
An
order was issued on 23.06.2020, that a candidate who possesses two degrees in
one academic year, will be disqualified. The High Court held
· that for a degree to be valid it has to fulfil the terms, conditions and guidelines issued by the University Grants Commission ("UGC"), which is the regulatory Authority. The UGC vide notice dated 15.01.2016, had stated that they do not endorse the idea of allowing students to pursue two Degrees simultaneously. Therefore, the Court held that the two degrees so obtained by the petitioners cannot be said to be valid.
Order
challenged
This
order was challenged by the petitioners on the following grounds –
1. The 2018 Rules does not provide any
such disqualification. It was not notified in terms of Rule 9(4) of the 2018
Rules, disqualification was to be notified by the Government from time to time
which is not done
2. the petitioner contended that the
reasoning provided by the High Court that UGC does not recognise such degrees
is not correct as the UGC had taken a decision to accept the recommendation of
an Expert Committee which suggests otherwise. Moreover, he asserted that
similarly situated candidates with similar degrees have already been given
appointments.
3. The petitioners had undertaken one
course as a regular degree and the other through an Open Distance Learning
Programme.
4. It violates Article 16 and 19(1)(g)
of the Constitution of India.
5. 2018 Rules cannot be bypassed by
executive instructions.
Law
under consideration are-
·
Rules
2018
· UGC Notice 15.1.2016
UGC Efforts –
·
One meeting on 28th Dec 2012 ,proposed to make
two degrees permissible simultaneously ,one regular another on line
/correspondence
·
No reply or comment on it from universities who
were sent minutes for comments
·
Order by UGC DATED 15TH Jan 2016- to
follow Regulations 2003
·
Regulaton 2003 talks of under admission and award
head
Various
clarifications by Open Indira Gandhi University
By Dr Prem Lata
Legal Head, VOICE
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