C/SCA/15118/2015 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION NO. 15118 of 2015
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SIBARAM INDRAMANI POLAI....Petitioner(s)
Versus
VEER NARMAD SOUTH GUJARAT UNIVERSITY & 1....Respondent(s)
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Appearance:
MR NK MAJMUDAR, ADVOCATE for the Petitioner(s) No. 1
MR PA JADEJA, ADVOCATE for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA

Date : 04/10/2016
ORAL ORDER

Heard learned advocate Ms. Hemani Kini for learned

advocate Mr. N. K. Majmudar for the petitioner and learned
advocate Mr. P. A. Jadeja for the first respondent.

2. By way of this petition, the petitioner has prayed to

set aside the decision of respondent No.1 university in
treating the B. Sc. degree of the petitioner as not a
valid degree. It is further prayed to issue direction to
the respondent authorities to set aside the decision dated
04.09.2015 and in that regard the petitioner has prayed
for a direction to the university authorities to treat the
petitioner as eligible to prosecute the said B.Ed degree
course on the basis of B. SC. degree obtained by him from
one Vinayaka Mission University, Tamilnadu.

3. The brief facts of the case are that the petitioner

passed the B.Sc. degree from a university known as

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Vinayaka Mission University, Tamilnadu. It is the case of

the petitioner that the said university is declared to be
deemed university under the provisions of UGC. The
petitioner aspired to get admission to B.Ed. Course under
the respondent-Veer Narmad South Gujarat University. By
order dated 04.09.2015, the competent authority of the
respondent No.1 university refused the claim for admission
of the petitioner on the ground that as per the decision
of the meeting of Academic Counsel dated 06.07.2010, the
said Vinayaka Mission University, Tamilnadu, is not
recognised by the respondent university for the purpose of
admission to the post graduate courses under the
university.

4. Learned advocate for the petitioner emphasised her

submission that B.Sc. degree obtained from Vinayaka
Mission University, Tamilnadu is liable to be accepted as
equivalent. She submitted that as per notification dated
31.12.2014, Berhampur University of Orrisa has been
treating the degrees offered by Vinayaka Mission
University, Tamilnadu as equivalent degree. She further
submitted that since the degrees granted by Berhampur
University of Orrisa is accepted by the first respondent
university herein, the degree of B. SC. granted by
Vinayaka Mission University, Tamilnadu, should also be and
ought to have been accepted as equivalent.

4.1 Affidavit-in-reply is filed on behalf of the

respondent reiterating that the B.Sc. degree of the
petitioner is not valid as the same is obtained from
Vinayaka Mission University, Tamilnadu, which is not a

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recognised university.

5. It was entirely a misconceived contention that the

Degree of Vinayaka Mission University, Tamil Nadu is
accepted by the Behrampur University of Orissa and said
Behrampur University of Orissa is recognised by respondent
No.1 University, therefore the Degree of Vinayaka Mission
University should also be recognised. When the University
has treated Degree of Vinayaka Mission University to be
not equivalent, this Court cannot issue a writ of mandamus
to the respondent University to treat the Degree of
Vinayaka Mission University as equivalent and accept the
same. Equivalence of the Degree is a matter that falls
entirely within the academic domain of the University.
University is the ideal to judge on the question of
equivalence.

6. In Rajendra Prasad Mathur vs Karnataka University

[AIR 1986 SC 1448], the Supreme Court stated,

“It is for each University to decide the question of

equivalence of examinations and it would not be right
for the Supreme Court to sit in judgment over he
decision of the University because it is not a matter
on which the Court possesses any expertise. The
University is best fitted to decide whether any
examination held by a University outside the State is
equivalent to an examination held within the State
having regard to the courses, the syllabus, the quality
of teaching or instruction and the standard of
examination. It is an academic question in which the
Court should not disturb the decision taken by the
University.” (Para 7)

7. In the aforesaid view, no relief can be granted to

the petitioner. Petition is liable to be dismissed and is
accordingly dismissed.

Notice stands discharged.

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(N.V.ANJARIA, J.)
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