SUMAN KALYAN NAYAK Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2016-4-225
HIGH COURT OF CALCUTTA
Decided on April 05,2016

Suman Kalyan Nayak Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

Debangsu Basak, J. - (1.) The petitioner has impugned a letter dated November 3, 2014 issued by the Calcutta University. By such letter, the Calcutta University has stated that the M.Sc. degree from Sikkim Manipal University cannot be considered for undertaking B. Ed. programme in view of the stand of University Grants Commission (UGC).
(2.) The learned advocate for the petitioner has submitted that, the petitioner had obtained M. Sc. Degree from Sikkim Manipal University under Distant Education Programme in the year 2006. The validity of the courses under the Distant Education Programme of Sikkim Manipal University was questioned in a writ petition before the Hon'ble High Court of Sikkim. Such writ petition being W.P. No. 04/2013 (Sikkim Manipal University v. Indira Gandhi National Open University, Distant Education Council and Ors.) was disposed of by a judgement and order dated June 26, 2015. The Court had upheld the validity of such degree. Consequently, the petitioner being similarly situated, the Calcutta University should not take a stand contrary thereto. More over, the UGC had preferred a Special Leave Petition against the judgement and order dated June 26, 2015 passed in Sikkim Manipal University (supra). Such Special Leave Petition was disposed of after observing that the Hon'ble Supreme Court was not inclined to interfere with the directions passed by the High Court on the facts of the case.
(3.) The learned advocate appearing on behalf of the UGC has contended that the degree given by Sikkim Manipal University is not valid. He has referred to a decision of the Hon'ble Supreme Court reported in (2005) 5 SCC 420 (Prof. Yashpal and Anr. v. State of Chhattisgarh and Ors.) in support of his contention.;


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