There are number of degrees and diploma which seems to be equivalent to the bachelor and masters degree but in fact they are not equivalent under the norms of UGC.
The Kerala High Court in University Grantrs Commission Vs. Anand J. Illickan held that “the communication issued by the University Grants Commission (UGC) informing the petitioner was in accordance with law and the petitioner has rightly been declared disqualified to undertake the NET Examination, 2012, his PG Diploma in Business Administration awarded to the petitioner by the Loyola Institute of Business Administration, Chennai during the period 1996-1998 have never been held to be equivalent to MBA Degree by the Association of Indian Universities (AIU).The Kerala High Court said that the UGC, which is conducting the NET Examination, which is the minimum eligibility condition for appointment of Assistant Professor and Associate Professor, is fully empowered to lay down the eligibility conditions for admitting candidates for NET Examination.
Brief facts giving rise to this Writ Appeal are: UGC issued an advertisement for NET examination 2012 inviting application from eligible candidates. Conditions of eligibility provided that “candidates who have secured at least 55% marks (without rounding off) in Masters Degree or equivalent examination from University/Institutions reognized by the UGC……..” are eligible to apply. Petitioner who has passed the Post Graduate Diploma in Business Administration has also appeared in the NET examination held on 24.06.2012. Petitioner secured 69.14% marks in the NET Examination. UGC issued letter dated 26.07.2013, informing the petitioner that Post Graduate Diploma in Business Administration awarded to the petitioner by the Loyola Institute of Business Administration, Chennai during the period 1996-1998 had not accorded equivalence with Masters Degree by the AIU, hence the petitioner is disqualified in the UGC NET examination held on 24.06.2012. Petitioner aggrieved by the communication issued by the UGC has filed the Writ Petition praying for the following reliefs:
i) To issue a writ of certiorari quashing Ext.P13 as unjust, illegal and unsustainable.
ii) To declare that the petitioner was eligible to appear for National Eligibility Test which he cleared
iii) To declare that the Post Graduate Diploma in Business Administration obtained by the petitioner from the Loyola Institute of Business is equivalent to MBA degree awarded by the recognized by the Indian University.
iv) To issue a writ of mandamus directing UGC to treat the petitioner as a candidate with a valid post graduation for the purpose of appearing in the National Eligibility Test and to treat him as a person who has legally and validly cleared the National Eligibility Test.”
Petitioner’s case in the Writ Petition is that the Post Graduate Diploma in Business Administration was awarded by Loyola Institute of Business Administration, Chennai which diploma was duly recognized by the AICTE and the AICTE having issued communication, dated 02.01.2008 informing that Post Graduate Diploma is equivalent to MBA in the year in which the course was recognized by the AICTE, makes the petitioner eligible for UGC NET Examination 2012, the competent authority to grant equivalency is the AICTE. The AIU has no authority vested in it on the basis of any enactment or order having force of law to declare equivalency.
Statement was filed by UGC stating that the advertisement issued by the UGC has clearly stipulated that the candidates should ascertain the equivalence of their Post Graduate Diploma with Masters Degree from the AIU. The AIU Evaluation Division deals with the evaluation of degrees and diplomas awarded by the accredited Universities in India and Abroad. Loyola Institute of Business Administration, Chennai is mentioned and the course that refers to as Post Graduate Diploma for which equivalence has been granted was for the period 2001 to 2014. The statement further stated that the petitioner having obtained two years Post Graduate Diploma in Business Administration from the Loyola Institute during the academic year July, 1996 to June, 1998 which has not been granted equivalence with MBA Degree by the AIU, petitioner is not qualified.
A statement was also filed on behalf of the AICTE in which it was stated that Loyola Institute of Business Administration, Chennai was an approved institution for the period 1996-98 by the AICTE and the Post Graduate Diploma could be treated as equivalent to the degree of MBA. For the purpose of participating in the NET Examination, the AICTE have no role to certify the equivalency. Qualification is to be prescribed by the UGC for the purpose of participating in the NET Examination.However, it was further stated that the AICTE through its Standing Committee for equivalence of degree/diploma had taken a decision that PGDM is equivalent to Master of Business Administration. It is further stated that the equivalency offered by the Standing Committee is only for the purpose of getting employment and that the said Diploma is not approved for the purpose of any Lectureship wherein Masters Degree is insisted. Further, the said equivalency awarded by the Standing Committee need not be equated as a qualification for purpose of appearing in the NET Examination.
The UGC Act, 1956 was enacted by the Parliament for the co-ordination and determination of standards in Universities. The legislation is referable to entry No.66 of List I of the 7th Schedule of the Constitution which provides “Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions”. Section 12 enumerates the function of the Commission, Section 20 provides for directions by the Central Government, Section 22 provides for right to confer degrees and Section 26 empowers the UGC to make Regulations. Sections 20, 22, 26(i) are to the following effect:
If any dispute arises between the Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government shall be final.
Right to confer degrees.-(1) The right of conferring or granting degree 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.
Save as provided in sub-section (1), no person or authority shall confer, or grant or hold himself or itself out as entitled to confer or grant, any degree.
Another enactment which is relevant for the case is the 1987 Act which was enacted to provide for establishment of All India Council for Technical Education with a view to proper planning, co- ordination and development of technical education system throughout the country, promotion of qualitative improvements of such education in relation to plan, growth and regulations and proper maintenance of norms and standards in the technical education system and matters connected therewith. Section 3 contemplates establishment of Council and Section 10 refers to functions of the Council.
All the issues being inter connected are being taken together. The conditions of eligibility as provided in the notification issued by the UGC for NET Examination, 2012 are contained in paragraph 3, which is extracted as below:
CONDITIONS OF ELIGIBILITY:
i) Candidates who have secured at least 55% marks (without rounding off) in Master’s Degree OR equivalent examination from universities/institutions recognised by UGC in Humanities (including languages) and Social Science, Computer Science & Applications, electronic Science etc. are eligible for this Test. The Scheduled Caste (SC)/Scheduled tribe (ST)/Physically Handicapped (PH)/Visually Handicapped (VH) category candidates who have secured at least 50% marks (without rounding off) in Master’s degree or equivalent examination are eligible for this Test.
ii) Candidates who have appeared OR will be appearing at the qualifying Master’s degree (final year) examination and whose result is W.A. No. 847 of 2015 still awaited OR candidates whose qualifying examinations have been delayed may also apply for the Test. However, such candidates will be submitted provisionally and shall be considered eligible for award of JRF/Lectureship eligibility only after they have passed their Master’s degree examination or equivalent with at least 55% marks (50% marks in case of SC/ST/PH/VH category candidates). Such candidates must complete their P.G degree examination within two years from the date of NET result with required percentage of marks, failing which they shall be treated as disqualified.
iii) The Ph.D degree holders whose Master’s level examination had been completed by 19th September, 1991 (irrespective of date of declaration of result) shall be eligible for a relaxation of 5% in aggregate marks (i.e from 55% to 50%) for appearing in NET.
iv) Candidates are advised to appear in the subject of their post-graduation only. The candidates whose post graduation subject is not covered in the list of subjects in item No.9 may appear in a related subject.
v) Candidates seeking concession in fee are required to submit attested copy of their OBC (Non-creamy layer)/SC/ST/PH/VH certificate along with online printout of their Application Forms (obtained while applying on-line). Other candidates are not required to submit any certificates/documents in support of their eligibility along with printout of their Application Form. Therefore, the candidates, in their own interest, must satisfy themselves about their eligibility for the Test. In the event of any ineligibility being detected by the Commission at any stage, their candidature will be cancelled and they shall be liable for legal action.
vi) Candidates with post-graduate diploma/ certificate course(s), should in their own interest, ascertain the equivalence of their course(s) with Master’s degree of recognized Indian universities from Association of Indian Universities (AIU), New Delhi.”
Paragraph 3(i) provides that candidates, who have secured at least 55% marks in Master’s Degree or equivalent examination from universities/institutions recognised by UGC…… are eligible for the test. The petitioner did not have any Master’s Degree. The petitioner has submitted his application for appearing in W.A. No. 847 of 2015 the NET Examination, 2012 on the basis of Post Graduate Diploma in Business Administration. Whether the Post Graduate Diploma of the petitioner is an equivalent examination to the Master’s Degree is the only question for determination in this appeal. There is no dispute that the institution from where the petitioner had obtained the Post Graduate Diploma, i.e., Loyola Institute of Business Administration, is an institution recognised by the AICTE during the relevant year.
Clause 3(vi) requires “candidates with Post Graduate Diploma/certificate courses, should in their own interest, ascertain the equivalence of their courses with Master’s Degree of recognised Indian Universities from Association of Indian Universities (AIU), New Delhi”. The above clause, thus, requires ascertainment of the equivalence of the Post Graduate Diploma course with Master’s Degree from AIU, New Delhi. The submission, which has been pressed by learned counsel W.A. No. 847 of 2015 for the petitioner is that AIU is a non-statutory body which has no authority or jurisdiction to grant equivalence of degrees/diplomas. It is submitted that clause 3(vi) of the notification is not mandatory and that was the only instruction to the candidates to ascertain the equivalence of their courses, if they so desire. It is submitted that clause 3(vi) cannot be read as any mandatory condition regarding equivalence to be certified by AIU. The petitioner has brought on record certain information regarding AIU as Exhibit P9, which contained objectives of the AIU. The UGC in its statement in paragraph 6 of the affidavit has stated as follows:
One of the functions of AIU (an extract taken from the website of AIU) is reproduced below:
‘The Evaluation Division deals with the work of evaluation and equivalence of degrees and diplomas awarded by the accredited universities in India and abroad for admission to higher courses at India Universities. The Division provides expert assistance on the status of foreign qualifications to the students, universities, Central and State agencies including Ministries of the Government of India. The Division also provides assistance to evaluation agencies of the foreign countries’. The Division examines the proposals received from the Institutions outside the purview of the Indian Universities, for granting academic equivalence to postgraduate diploma courses in the area of Management.”
The AIU is a Society registered under the Societies Registration Act, 1860 with membership of Indian Universities. On equivalence of degrees, the AIU in its website claims the following:AIU is the only recognized body in India for granting academic equivalence of degrees/diplomas not only within the country but also to other similar bodies in foreign countries. Not only to the Universities, AIU also provides its services, for equivalence of degrees to various Central & State employment agencies viz Union Public Service Commission, New delhi and state recruitment Boards.The Division, besides Ministry of Human Resource Development, GO1 also facilitates to other Federal Ministries of India, to formulate the proposals on mutual recognition of degree under Educational Exchange Programmes.The Division continues to provide assistance on the status of foreign qualifications to Universities, Ministries of the government of India, Union Public Service Commission, Indian Council for Cultural Relations and other Agencies concerning with the nomination/selection of foreign students in Indian Universities. The application forms of all the foreign students who are sponsored under various Central Government Scholarships/Ministries are sent to us, in order to assess their eligibility, to the courses in which they are seeking admission in Indian Universities. As the Division has established accountability as a reliable accrediting source/agency on the assessment/certification of equivalence of qualifications.
The UGC in exercise of power under Section 26 has framed regulation, namely, UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010. The regulations contain the minimum qualification for appointment of teachers and other academic staff. Regulation 3.3.1 provides that “NET/SLET/SET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors in Universities/Colleges/Institutions”. Regulation 4.4.5 is on the subject “minimum qualifications for appointment of teaching faculty in Universities and Colleges – management/business administration”. It is useful to quote the qualifications prescribed for Assistant Professor and Associate Professor, which read as follows:
“ASSISTANT PROFESSOR i. Essential.
1. First Class Masters Degree in Business Management/Administration/in a relevant management related discipline or first class in two year full time PGDM declared equivalent by AIU/accredited by the AICTE/UGC
ORFirst Class graduate and professionally qualified Charted Accountant/Cost and Works Accountant/Company Secretary of the concerned statutory bodies.
Desirable:
1. Teaching, research, industrial and/or professional experience in a reputed organization; 2. Papers presented at conferences and/or published in referred journals.
2. Associate Professor:
i. Consistently good academic record with at least 55% marks (or an equivalent grade in a poiont scale wherever grading system is followed) in Master’s Degree in Business Management/Administration/in a relevant management related discipline or first class in two years full time PGDM declared equivalent by AIU/recognized by the AICTE/UGC;
OR First Class graduate and professionally qualified Charted Accountant/Cost and works Accountant/Company Secretary of the concerned statutory body.
ii. Ph.D or Fellow of Indian Institute of Management or of an Institute recognized by AICTE and declared equivalent by the AIU.
Iii. A minimum of eight years’ experience of teaching/industry/research/professional at management level excluding the period spent for obtaining the research degree.
iv. In the event the candidate is from industry and the profession, the following requirements shall constitute as essential requirements:
1. Consistently good academic record with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) in Master’s Degree in Business Management/Administration/in a relevant management related discipline or first class in two years full time PGDM declared equivalent by AIU/recognized by AICTE/UGC.
OR
1. First Class graduate and professionally qualified Charted Accountant/Cost and works Accountant/Company Secretary of the concerned statutory body.
2. A minimum of ten years experience of teaching industry/research/profession, out of which five years must be at the level of Assistant Professor or equivalent excluding the period spent for obtaining research degree. The candidate should have professional work experience, which is significant and can be recognized at national/international level as equivalent to Ph.D and ten years managerial experience in industry/profession of which at least five years should be at the level comparable to that of lecturer/assistant professor.
v. Without prejudice to the above, the following conditions may be considered desirable:
a) Teaching, research industrial and/or professional experience in a reputed organization;
b) Published work, such as research papers, patents filed/obtained, books and/or technical reports; and
c) Experience of guiding the project work/dissertation of PG/Research students or supervising R&D projects in industry.”
A perusal of the qualifications of Assistant Professor indicate that Post Graduate Diploma in Management equivalent by AIU/accredited by the AICTE/UGC is the essential qualification. Similarly, the qualification of Associate Professor also indicate that Post Graduate Diploma in Management declared equivalent by AIU/recognised by AICTE/UGC as the minimum qualification.
The above regulations are statutory in nature and the regulations having been provided, declaration of equivalence by AIU regarding Post Graduate Diploma, the declaration by AIU has become statutory requirement.
From the above, it is clear that the statutory regulations framed by UGC require declaration of equivalence of Post Graduate Diploma as essential qualification for the post of Assistant Professor/Associate Professor. The above provision of the statutory regulation demolishes the argument of learned counsel for the petitioner that AIU has no authority or jurisdiction to grant equivalence of any degree or diploma.
The UGC, which is conducting the NET Examination, which is the minimum eligibility condition for appointment of Assistant Professor and Associate Professor, is fully empowered to lay down the eligibility conditions for admitting candidates for NET Examination.
The Apex Court in University Grants Commission and another v. Neha Anil Bobde (Gadekar) [(2013)10 SCC 519] has held that UGC being W.A. No. 847 of 2015 the expert body, is fully entitled to lay down any “qualifying criteria”.
Functions of the Commission.- It shall be the general duty of the Commission to take … all such steps as it may think fit for the promotion and coordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities ….” It is very important to note that a duty is cast upon the Commission to take “all such steps as it may think fit … for the determination and maintenance of standards of teaching”. These are very wide-ranging powers. Such powers, in our view, would comprehend the power to require those who possess the educational qualifications required for holding the post of lecturer in Universities and colleges to appear for a written test, the passing of which would establish that they possess the minimal proficiency for holding such post. The need for such test is demonstrated by the reports of the commissions and committees of educationists referred to above which take note of the disparities in the standards of education in the various Universities in the country. It is patent that the holder of a postgraduate degree from one University is not necessarily of the same standard as the holder of the same postgraduate degree from another University. That is the rationale of the test prescribed by the said Regulations. It falls squarely within the scope of Entry 66 and the UGC Act inasmuch as it is intended to co- ordinate standards and the UGC is armed with the power to take all such steps as it may think fit in this behalf. For performing its general duty and its other functions under the UGC Act, the UGC is invested with the powers specified in the various clauses of Section
For attaining the said standards, it is open to the UGC to lay down any “qualifying criteria”, which has a rational nexus to the object to be achieved, that is for maintenance of standards of teaching, examination and research. Candidates declared eligible for lectureship may be considered for appointment as Assistant Professors in Universities and colleges and the standard of such a teaching faculty has a direct nexus with the maintenance of standards of education to be imparted to the students.UGC has only implemented the opinion of the Experts by laying down the qualifying criteria, which cannot be considered as arbitrary, illegal or discriminatory or violative of Article 14 of the Constitution of India.”
Now we come to clause 3(vi) of the notification, which requires candidates in their own interest to ascertain the equivalence of their courses with Master’s Degree of recognized Indian Universities from Association of Indian Universities (AIU), New Delhi. The equivalence by AIU being a statutory requirement as per regulation 4.4.5 as quoted above, the above clause has to be read along with the said statutory requirement of equivalence by AIU. It is clear that equivalence of Post Graduate Diploma by AIU is mandatory and clause 3(vi) clearly required the candidates to ascertain their equivalence for the purpose of eligibility. The submission of learned counsel for the petitioner that the said clause is not mandatory and it is not necessary for the candidates to ascertain or require equivalence of the degree from AIU, cannot be accepted.
Now the submission, which has been further pressed by learned counsel for the petitioner, is that AICTE is fully entitled to declare equivalence of Post Graduate Diploma with Master’s Degree, which is spelled out from the provisions of Section 10 of the All India Council for Technical Education Act, 1987. Learned counsel for the petitioner has referred to Section 10(1)(g) & (i), which reads as under:
Functions of the Council.- (1) It shall be the duty of the Council to take all such steps as it may think fit for ensuring co-ordinated and integrated development of technical education and maintenance of standards and for the pruposes of performing its functions under this Act, the Council may,- (g) evolve suitable performance apraisal systems for technical institutions and Universities imparting technical education, incorporating norms and mechanisms for enforcing accountability-lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations;”
The said equivalence awarded by the Standing Committee of AICTE need not be equated as a qualification for the purpose of participating in the NET Examination.
The Kerala High Court cited the judgment of Delhi High Court in Stuti Saxena vs University Grants Commission & ors.Stuti Saxena has passed Post Graduate Diploma in Business Administration from Jaipuria Institute of Management, Lucknow, Uttar Pradesh. Thereafter she appeared in NET Examination conducted by the UGC. On a reference made by the UGC, the AIU did not find the Post Graduate Diploma equivalent to Post Graduation Degree.Stuti Saxena accordingly got disqualified. Aggrieved by the said decision, the Writ Petition was filed. In the above case the Stuti Saxena contended that the Post Graduate Diploma has been recognised by the AICTE as equivalent to MBA, whereas the AICTE in the counter affidavit had denied that the said course was recognised by it as equivalent to MBA. The following was observed in paragraphs 10 and 12 of the judgment
“10. The counsel for the UGC and AICTE has otherwise contended that the Association of Indian Universities though a Society but being controlled by the Government is fully equipped to go into the question of equivalence; that without the respondent No.5-Jaipuria Institute of Management evidencing any interest even to have its PGDBM course recognized as equivalent to Post-Graduation or MBA, no enquiry in that regard can be conducted. It is further informed that the said enquiry entails detailed investigation into the course content and for which the assistance of the Institute is necessary.
12. The petitioner cannot be permitted to fight a proxy battle for Jaipuria Institute of Management. In a petition filed by the petitioner, this Court cannot direct the UGC or Association of Indian Universities to, without participation of the respondent No.5- Jaipuria Institute of Management enquire into equivalence of the said course of the respondent No.5-Jaipuria Institute of Management.” The above Writ Petition was dismissed by the Delhi High Court.
From the discussions as above, Kerala High Court arrived at the following conclusions
I. The Association of Indian Universities is a body, which is entitled to declare equivalence for appearing in NET Examination, which is contemplated in the notification issued by the University Grants Commission.
II. The authority to grant equivalence by the Association of Indian Universities is statutory recognised by UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010.
III. The All India Council for Technical Education has never declared the Post Graduate Diploma course obtained by the petitioner in the year 1996-98 as equivalent to MBA.
IV. The All India Council for Technical Education having come up with the case that it accepts the opinion of the Association of Indian Universities regarding diploma and degree it is not necessary for us to examine the entitlement of AICTE to grant equivalence of Post Graduate Diploma any further.
V. The communication issued by the University Grants Commission to the petitioner, as stated above, was in accordance with law and the petitioner has rightly been declared disqualified to undertake the NET Examination, 2012, his Post Graduate Diploma (1996-98) have never been held to be equivalent to MBA Degree.
The learned Single Judge in its judgment has observed that since the Post Graduate Diploma granted to the petitioner is recognised by the AICTE, it will be deemed to be recognised by the UGC cannot be approved. The observation of the learned Single Judge that when a course is approved by the AICTE, the question of equivalence from University does not arise in so far as determination of equivalence of that course is concerned cannot be approved.
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