High CourtsDivision Bench(2011) 02 UK CK 0069

Krishna Tilara vs Kumaon University and Others

Uttarakhand High Court · Decided on 24 February 2011

HON’BLE JUDGES
Barin Ghosh, C.J · V.K. Bist, J
CASE NUMBER
Writ Petition (PIL) No. 41 of 2009

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Judgment

5 paragraphs · 285 words
1.

It appears from the letter of the University Grants Commission written to the writ Petitioner that B.V.A., "Bachelor in Visual Art", is not a U.G.C. specified degree.

2.

u/s 22 of the University Grants Commission Act, 1956 (hereinafter referred to as ''the Act''), the Respondent University, which has been incorporated by a State Act, is entitled to grant such degrees which the Commission has specified by a notification in the official gazette with the previous approval of the Central Government.

3.

In the affidavit filed, it appears to be the contention of the Commission that the Bachelor in Fine Arts degree is equivalent to Bachelor in Visual Article That may be the conception of the Commission, but such conception has not yet been approved by the Central Government, as no notification has been issued by the Commission with the approval of the Central Government to the effect that Bachelor in Visual Art is such a degree which can be conferred by a University incorporated by a State Act.

4.

Having regard to the stand taken by the Commission in its affidavit, we direct the Commission to obtain approval of the Central Government to the effect that Bachelor in Visual Art is such a degree which can be conferred by a University established or incorporated under a State Act. For that purpose, we adjourn this matter for six weeks, on which date we direct the Commission to produce the notification in that regard.

5.

This direction is being issued, inasmuch as, students obtaining such degree in the absence of a notification, as is required to be published u/s 22 of the Act, may after obtaining such degree, be declared to have obtained a non-recognised degree.