JUDGMENT
S. Rafat Alam and Sudhir Agarwal, JJ.
1. This special appeal under the Rules of the Court arises from the order/judgment of the Hon’ble Single Judge of this Court dated 29.7.2005 in Civil Misc. Writ Petition No. 21359 of 2002.
2. We have heard learned counsel for the appellant and the learned Standing Counsel for the State-respondents.
3. It appears that the appellant approached this Court by filing writ petition under Article 226 of the Constitution of India for quashing the order of her termination of service vide order dated 19.4.2000. The Hon’ble Single Judge dismissed the writ petition on the ground, inter alia, that the writ petitioner has not possessed the requisite qualification and the degree issued by the Bhartiya Shiksha Parishad, which is not a recognized institution by the State of Uttar Pradesh, is not a valid qualification and as such, order of termination was not interfered with.
4. Learned counsel for the appellant, however, contended that the petitioner-appellant has obtained the degree from Bhartiya Shiksha Parishad, which is a registered society and in respect of the complainant against that society a Criminal Misc. Application No. 744 of 1991 was filed before this Court and vide order dated 30.11.1991 the society was permitted to carry on the activities under the name and style of Bhartiya Shiksha Parishad. It is, therefore, submitted that since the Bhartiya Shiksha Parishad is functioning on account of the aforesaid interim order and thus, the degree issued by it cannot be said to be illegal or unrecognized.
5. In our view, the submission advanced by the learned counsel for the appellant is apparently misconceived. Under the Constitution of India, Entry 66 List-1 Schedule-VII vests Parliament with exclusive authority to legislate in respect to coordination and determination of standards in institutions for higher education or research and scientific and technical institutions. The state legislature also has legislative power with respect to Universities under Entry 32, List II, Schedule-VII. But obviously, the said power so far as the standards of higher education is concerned, has to subsewe the power of Parliament. The Central Legislature has enacted the University Grants Commission Act, 1956 (hereinafter referred to as the UGC Act, 1956). The aforesaid Act has been enacted to make provision for the coordination and the determination of standards in universities and for that purpose to establish a University Grants Commission. The term University has been defined under Section 2(f) and in respect to certain other institutions for higher studies other than universities, provisions have been made under Section 3 for declaring such institutions as deemed university for the purposes of 1956 Act. The aforesaid provisions are quoted herein below:
2(f) “University” means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act and includes any such institution as may, in consultation wit the University concerned, be recognised by the Commission in accordance with the regulations made in this behalf under this Act.
3. Application of Act to institutions for higher studies other than Universities.-The Central Government may, on the advice of the Commission, declare, by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act and on such a declaration being made, all the provisions of this Act and on such a declaration being made, all the provisions of this act shall apply to such institution as if it were a University with the meaning of Clause (f) of Section 2.
6. Section 22 of the said Act prohibits any authority of conferment grant of a degree by any other institution except 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 especially empowered by an Act of Parliament to confer or grant degrees. It also states that no person or authority other than those mentioned in Sub-section (1) of Sub-section (2) shall confer or grant any degrees. Section 22 of the said Act is also quoted as under:
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 or Parliament to confer or grant degrees.
(2) 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.
(3) For the purposes of this section, “degree” means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette.
7. The conferment or grant of degree is a matter of great importance, as has been analyzed and held by the Hon’ble Apex Court in the case of Prof. Yashpal and Anr. v. State of Chhattisgarh and Ors. wherein it has been held as under:
A degree conferred by a university is a proof of the fact that a person has studied a course of a particular higher level and has successfully passed the examination certifying his proficiency in the said subject of study to such level. In the case of a doctorate degree, it certifies that the holder of the degree has attained a high level of knowledge and study in the subject concerned by doing some original research work. A university degree confers a kind of status upon a person like a graduate or a postgraduate. Those who have done research work and have obtained a PhD. DLitt or DSc degree become entitled to write the word “Doctor” before their names and command certain amount of respect in society as educated and knowledgeable persons. That apart, the principal advantage of holding a university degree is in the matter of employment, where a minimum qualification like a graduate, postgraduate or a professional degree from a recognised institute is prescribed. Even for those who do not want to take up a job and want to remain in a private profession like a doctor or lawyer, registration with the Medical Council or the Bar Council is necessary for which purpose a degree in medicine or law, as the case may be, from an institution recognised by the said bodies is essential. An academic degree is, therefore, of great significance and value for the holder thereof and goes a long way in shaping his future. The interest of society also requires that the holder of an academic degree must possess the requisite proficiency and expertise in the subject, which the degree certifies. (Para 38)
Mere conferment of degree is not enough. What is necessary is that the degree should be recognised. It is for this purpose that the right to confer degree has been given under Section 22 of the UGC Act only to a university established or incorporated by or under a Central Act, Provincial Act or State Act or an institution deemed to be a university under Section 3 or an institution specifically empowered by an Act of Parliament to confer or grant degrees. Sub-section(3) of this section provides that “degree” means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette. The value and importance of such degrees which are recognised by the Government was pointed out by a Constitution Bench in S. Azeez Basha v. Union of India. (Para-39)
8. It is admitted that Bhartiya Shiksha Parishad is not a University either as defined under Section 2(f) of the UGC Act, 1956 or is a deemed university under Section 3 of the said Act or an institution especially conferred power to grant or confer degree by an Act of Parliament.
9. In the circumstances, the degree obtained by the petitioner-appellant from the said Bhartiya Shiksha Parishad, U.P.Lucknow is wholly illegal and unauthorised, having no value in the eyes of law to confer any benefit upon him for any purpose whatsoever. On the basis of it, it is apparent that the Bhartiya Shiksha Parishad by issuing degrees is violating the prohibition contained in Section 22 of the U.G.C. Act, 1956. In spite of the fact that under law it has no authority or power to award any degree and yet a degree, a photocopy filed by the petitioner-appellant, contained in Annexure-11 to this appeal, has been issued, which is nothing but a nullity and waste paper having no value in the eyes of law. The judgment of the Hon’ble Single Judge also shows that even the Director of Higher Education, U.P. vide letter dated 10.11.1999 has informed that the Bhartiya Shiksha Parishad, U.P. appears to be a fake organization and has no authority to award any degree. That being so, we are of the view that respondent No. 1 under an obligation to take necessary steps so that such institutions should not mislead and victimize the innocent and ignorant young students, in the absence of proper information, are tracked by such institutions besides wasting the hard earned money of their parents also wastes valuable time for obtaining such forged and illegal qualification which does not give any benefit under the law.
10. Learned counsel for the appellant submits that since the petitioner-appellant has studied and has consumed one year in obtaining the aforesaid degree and, therefore, on sympathetic consideration, this Court should allow the petitioner-appellant to continue in service since he was already appointed but subsequently the respondents have passed the order terminating her service. on the ground that she did not possess valid qualification. We are afraid that on the basis of such illegal degree, which is nullity in the eyes of law, the appellant cannot be allowed to enjoy any benefit under the law. The Hon’ble Apex Court in the case of A.P. Christians Medical Educational Society v. Government of Andhra Pradesh observed as under:
We cannot imagine anything more destructive of the rule of law than a direction by the Court to disobey the laws
11. In the aforesaid circumstances, we do not find any reason to interfere with the order passed by the Hon’ble Single Judge. The special appeal, therefore, lacks merit and is, accordingly, dismissed. However, there shall be no order as to costs.
12. The Registrar General of this Court is directed to send copy of this order/judgment to the Principal Secretary (Education), Government of U.P. Lucknow and the Secretary, Higher Education, U.P, Lucknow for taking necessary action as per the observations made hereinabove.