Case Note & Summary
The petitioner, Dr. Santaji Krishna Shinde, was awarded a Ph.D degree by Shri Jagdishprasad Jhabarmal Tibrewala University (JJTU), Rajasthan, on 05.02.2016. He applied for the post of Professor at Annasaheb Dange College of Engineering, be selected on 21.02.2016, but respondent No. 2, the Director of Board of College and University Development, Shivaji University, refused to grant approval to his selection. The refusal was based on the Academic Council's resolution dated 16.05.2015 confirming the Standing Equivalent Committee's decision that a degree from Rajasthan University (JJTU) was not equivalent to a degree from Shivaji University. The petitioner filed a writ petition seeking directions to approve his selection and to quash the resolutions and the communication dated 13.04.2015 rejecting his candidature. During the pendency, a Division Bench of the High Court on 05.03.2019 directed the petitioner to appear before the Sub-Committee on Equivalence, which also rejected his proposal, as did the Dean Committee; the Academic Council confirmed the rejection on 24.05.2019, leading to an amendment challenging these subsequent resolutions. The petitioner argued that Shivaji University had no authority to question the validity of a Ph.D from a UGC-recognized university, that the exercise of equivalence was unnecessary when the degree was of the same type, and that the university had discriminated by recognizing similar JJTU degrees of other candidates in 2024. Reliance was placed on Bombay High Court judgments, including Dr. Sanjay Tejbahadur Singh v. Registrar, Savitribai Phule Pune University (W.P. No. 6978/2015) and Sanjivani Shripari Kambale v. State of Maharashtra (2017 SCC OnLine Bom 9692), as well as Anand Yadav v. State of U.P. (2021) 12 SCC 390. The judgment text is incomplete, and the final decision of the court is not available in the provided excerpt.
Headnote
A) Education Law - Equivalence of Degrees - Authority to Determine Equivalence - UGC Regulations - The dispute concerned whether Shivaji University could decline to treat the petitioner's Ph.D from Shri Jagdishprasad Jhabarmal Tibrewala University (JJTU), a UGC-recognised university, as equivalent to its own Ph.D degree for the purpose of appointment as Professor. The petitioner contended that equivalence need not be determined when the degrees are of the same type and that the university's earlier recognition of Ph.D degrees from JJTU made the rejection discriminatory. (Paras 8-9)
Issue of Consideration
Whether a university can refuse to recognize a Ph.D degree awarded by another university that is recognized by the UGC, particularly when it has previously recognized similar degrees from the same institution; whether determining equivalence arises when the degrees are of the same type; and whether such refusal amounts to discrimination.
Law Points
- Equivalence of degrees
- recognition by UGC
- authority of university to challenge another university's degree
- discrimination in recognizing degrees
Case Details
2026 LawText (BOM) (08) 49
Writ Petition No. 7120 of 2016
Mrs. Vrushali V. Joshi, Sandesh D. Patil
Mr. Anil Anturkar, Senior Advocate with Adv. Kalyani Talunkar, Mr. Tanaji Mhatugade, Adv. Kashish Chelani, Mr. Harshvardhan Suryavanshi for Petitioner; Mr. Yuvraj P. Narvankar with Mr. Harshvardhan Patil for Respondent No. 1; Mr. Laxman Deshmukh for Respondent No. 3; Mr. Rui Adelino Rodrigues for Respondent No. 4
Dr. Santaji Krishna Shinde
Shivaji University Kolhapur, The Director, Board of College and University Development, Shivaji University Kolhapur, Principal, Annasaheb Dange College of Engineering, Ashta, Walva, Sangli, University Grants Commission
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Nature of Litigation
Writ petition seeking recognition and approval of selection to the post of Professor in Computer Science and Engineering based on a Ph.D degree awarded by JJTU.
Remedy Sought
Petitioner sought direction to Shivaji University to approve his selection as Professor and to quash the Academic Council resolution dated 16.05.2015 and 24.05.2019, and the letter dated 13.04.2015 rejecting equivalence.
Filing Reason
Respondent refused to grant approval to the petitioner's selection to the post of Professor on the ground that his Ph.D from JJTU was not considered equivalent to a degree from Shivaji University.
Previous Decisions
The Academic Council confirmed the Standing Equivalent Committee's resolution on 30.03.2015 that a degree from Rajasthan University (JJTU) is not equivalent to Shivaji University's. A subsequent order dated 05.03.2019 by the High Court directed a Sub-Committee on Equivalence to decide the matter; it rejected equivalence, and the Dean Committee and Academic Council confirmed the rejection.
Issues
Whether a university can refuse to recognize a Ph.D degree awarded by another UGC-recognized university.
Whether the determination of equivalence is necessary when the degrees conferred are of the same type (Ph.D).
Whether the refusal to grant equivalence to the petitioner, when similar degrees from the same university were recognized earlier, amounts to discrimination.
Submissions/Arguments
The petitioner argued that Shivaji University had no authority to question the validity of a Ph.D degree from a UGC-recognized university.
The petitioner contended that equivalence need not be decided when the degrees are the same type, both being Ph.D.
The petitioner pointed out that two other candidates, Shri Bhagwat and Shri Bhadwankar, had their Ph.D degrees from JJTU recognized by Shivaji University in 2024, making the refusal discriminatory.
Reliance was placed on Dr. Sanjay Tejbahadur Singh v. Registrar, Savitribai Phule Pune University, where the court held that only the UGC or competent legislature can challenge a degree; and on Sanjivani Shripari Kambale v. State of Maharashtra, which disagreed with the earlier view, as well as on Anand Yadav v. State of U.P. (2021) 12 SCC 390.
Judgment Excerpts
a degree conferred by the Rajasthan University is not equivalent to degree conferred by Shivaji University
once the respondent No.1 recognised identical degree of Ph.D from the JJTU of other candidates, it would be, improper and illegal on the part of the respondent No.1-University to reject the approval of the present petitioner
Procedural History
Petitioner awarded Ph.D by JJTU on 05.02.2016. Applied for Professor post, interviewed on 21.02.2016, selected, but approval refused by respondent No. 2. Filed writ petition. During pendency, Division Bench on 05.03.2019 directed petitioner to appear before Sub-Committee on Equivalence; sub-committee rejected proposal, Dean Committee recommended rejection, Academic Council confirmed on 24.05.2019. Petition amended to challenge these subsequent resolutions.
