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2025 DAILYLAW 42681 (ALL)

MANGALA PRASAD MAURYA AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIA/10893/2014 · 2025-04-28

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66363 Court No. - 6 Case :- WRIT - A No. - 10893 of 2014 Petitioner :- Mangala Prasad Maurya And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhakar Awasthi,Rajesh Kumar Dwivedi Counsel for Respondent :- K.S. Shukla,Manvendra Singh,R.P. Shukla,Shrinath Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Shashwat Ahuja holding brief of Shri Prabhakar Awasthi, learned counsel for the petitioners and Sri Shrinath on behalf of respondents. 2. Petitioners were candidates on the post of (Part Time Anudeshak), however, they were not granted appointment on ground that their Degrees of BCA was from Sikkim Manipal University (Distance Learning Course) being not recognized. Accordingly by impugned order 29.11.2013 passed on basis of a direction passed by this Court in the earlier round of litigation, their claim were rejected on the ground that no private University was permitted to have a study centre or off Campus Centre beyond the said territory and a reference was given of a judgment passed by Supreme Court in the case of Prof. Yashpal & Anr Vs. State of Chattisgarh 2005 (5) SCC 420. 3. Learned counsel for the petitioners has not been able to dispute that petitioners have done their degrees from the National College of Computer and Information Technology Pandeypur, Sadar Mirzapur, as such they were not regular students of University as well as no prior approval of UGC was brought on record. 4. Court also takes note of a judgment passed by Delhi High Court in Saurabh Shukla Vs. Indira Gandhi National Open University Through its Registrar & Anr, 2023 SCC OnLine Del 6448, relevant para of it is reproduced hereinafter: "37. This court is also of the considered opinion that an untrammelled proliferation of offshore study centres, without the requisite approvals from the concerned authorities, would lead to devaluation of academic credentials. An even-handed assessment of potential consequences of such a phenomenon would suggest that it would adversely impact the aspirations of students who invest their time and resources into pursuing education through legitimate means. It would, therefore, be unwise to allow expansion of such study centres which could flourish a market of substandard education and consequently, deprive countless individuals from seeking quality education." 5. No document has been brought on record that said study Centre was recognized, therefore, there is no reason to take a contrary view as held in the impugned order. 6. Writ petition is accordingly dismissed. Order Date :- 29.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad