University can’t question validity of degree granted by another, rules Bombay high court
The Bomba HC has directed Pune university to approve the appointment of Dr Sanjay Singh whose Phd’s validity was questionedmumbai Updated: Aug 13, 2017 01:01 IST
A university cannot question the validity of a degree awarded by another when both of them are recognised by the University Grants Commission (UGC), the Bombay high court has ruled.
A division bench of justices Bhushan Gavai and Riyaz Chagla has struck down an order passed by Savitribai Phule Pune University, which rejected Dr Sanjay Singh’s appointment as a professor at an engineering college, citing that his PhD conferred upon him by JJ Tibarewala University was not valid.
Dr Singh then approached the Bombay high court challenging the refusal.
He said that there was no legal provision that empowered the Pune University to question the validity or correctness of his degree, as JJ Tibarewala University is recognised by the UGC, like Pune University.
The bench accepted his arguments and directed Pune University to consider his PhD valid. It also asked Pune University to approve for his appointment.
Once a university certifies that the degree is granted in accordance with the University Grants Commission rules, it will not be permissible for other university to raise questions about the certificate, said the court.
“There are hundreds of universities or deemed universities... of national importance and the UGC rules are applicable to all,” said the bench.
The judges contended that if all universities recognised by the UGC were to doubt the validity of degrees, it would amount to opening Pandora’s box.
According to the high court, it is for the UGC or the legislature to deal with the bogus degrees.