High Court of Judicature at Bombay hears writ petition challenging UGC's disqualification of NET candidate with Sangeet Alankar certificate. Petitioner contends that Sangeet Alankar from Akhil Bharatiya Gandharva Mahavidyalaya is equivalent to postgraduate degree for lectureship eligibility under UGC regulations.

High Court: Bombay High Court Bench: AURANGABAD
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Issue of Consideration

Whether the Sangeet Alankar certificate awarded by Akhil Bharatiya Gandharva Mahavidyalaya is equivalent to a postgraduate degree for the purpose of qualifying the National Eligibility Test for lectureship, and whether the University Grants Commission was justified in declaring the petitioner disqualified after she had passed the test.

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Case Details

2017 LawText (BOM) (09) 7

Writ Petition No. 6627 of 2006

2017-09-20

R.D. Dhanuka, Sunil K. Kotwal

M.V. Deshpande, D.S. Ansingekar, Alok Sharma, V.P. Latange, R.R. Mantri, V.N. Upadhye, A.R. Borulkar

Sangita d/o Shrikant Kulkarni

Union of India, University Grants Commission, Association of Indian Universities, Swami Ramanand Teerth Marathwada University, Sri Sharda Bhuvan Education Society, Yashvant Mahavidyalaya, Akhil Bharatiya Gandharva Mahavidyalaya Mandal, State of Maharashtra

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging the disqualification of the petitioner from the National Eligibility Test (NET) for lectureship and seeking recognition of the Sangeet Alankar certificate as equivalent to a postgraduate degree.

Remedy Sought

The petitioner sought a writ of mandamus directing the University Grants Commission and the Association of Indian Universities to issue a NET passing certificate and to recognize the Sangeet Alankar certificate as equivalent to a postgraduate degree; also a writ of certiorari to quash the UGC's letter dated 4 September 2006 declaring her disqualified.

Filing Reason

The University Grants Commission declared the petitioner disqualified in the NET held in July 2000 on the ground that her Sangeet Alankar diploma from Akhil Bharatiya Gandharva Mahavidyalaya was not equated with a postgraduate degree of any Indian university.

Issues

Whether the Sangeet Alankar certificate awarded by Akhil Bharatiya Gandharva Mahavidyalaya is equivalent to a postgraduate degree for the purpose of qualifying the National Eligibility Test for lectureship. Whether the University Grants Commission was justified in declaring the petitioner disqualified after initially allowing her to take the test and congratulating her on passing.

Submissions/Arguments

The State of Maharashtra recognized Sangeet Alankar as equivalent to a postgraduate degree for appointment of lecturers since 1962. Various universities in the Marathwada region, including Swami Ramanand Teerth Marathwada University, have equated Sangeet Alankar with an M.A. degree. The syllabus of Sangeet Alankar is more extensive than the M.A. Music syllabus of many universities. The University Grants Commission had earlier advised that institutions like respondent No. 7 could award certificates and diplomas and universities could consider them as equivalent. The petitioner was permitted to appear for NET without any objection and was congratulated for passing.

Judgment Excerpts

By this petition filed under Article 226 of the Constitution of India, petitioner seeks a writ of mandamus directing the University Grants Commission and Secretary General, Association of Indian Universities, respondent Nos.2 and 3 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. 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.

Procedural History

The petitioner filed Writ Petition No. 6627 of 2006 before the High Court of Judicature at Bombay, Bench at Aurangabad, under Article 226 of the Constitution of India, directly challenging the UGC's disqualification letter and seeking reliefs.

Acts & Sections

  • Constitution of India: Article 226
  • Marathwada University Act, 1974:
  • Maharashtra Universities Act:
  • University Grants Commission Act:
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