Permitting Universities To Question Degrees Conferred By Other Varsities Will Create 'Anarchy And Chaos' In Education System: Bombay High Court

Permitting one educational institution to question the degrees conferred by another such institution would lead to anarchy and chaos in the education system of the country, held the Bombay High Court while quashing orders passed by the popular Shivaji University in Kolhapur, which refused to approve the recruitment of a Computer Science professor on the ground that the PhD degree he held was from a university in Rajasthan, which could not be considered to be equivalent to its own such degree.

A division bench of Justice Vrushali Jadhav and Justice Sandesh Patil ordered the Shivaji University to now approve the recruitment of one Dr Santaji Shinde (41), who was appointed as a Computer Science professor in Annasaheb Dange College of Engineering in Sangli. The said college is affiliated with Shivaji University and thus its appointments were to be approved by the said varsity. 

"The question of right to confer a degree can be traced out to Section 22 of the UGC Act, there is no right to question such degree granted by another University. Any other interpretation would do injustice to Section 22 of the UGC Act. There would be anarchy and chaos in the educational fabric of this nation. Every University would question the identical degrees conferred by another university," the judges held in the order pronounced on August 7.

The bench noted that the Engineering College had appointed Shinde somewhere in 2016 and when his appointment's proposal for approval was sent to the Shivaji University, it refused to okay his appointment after noting that he possessed a Ph.D degree conferred upon him by Jagdishprasad Jhabarmal Tibrewala University (JJTU) from Jhunjhunu, Rajasthan. The Shivaji University opined that the PhD degree of JJTU was not equivalent to its own PhD degrees. 

"The Dean Committee of the Shivaji University on April 22, 2019 wrote a letter to the JJTU, it appears that the Dean Committee was swayed away with the fact that no reply was received from the JJTU. This itself cannot be a ground to question the identical degree granted by the JJTU. Neither the Shivaji University nor the Authority established under it had any right to question the identical degree conferred by the JJTU or as a matter of fact by any other Institution. In these premises, we hold that the resolution of the Academic Council of the Shivaji University holding that the degree of Ph.D conferred by the JJTU cannot be treated as equivalent to its own Ph.D degree cannot be sustained," the bench held. 

The judgment authored by Justice Patil further states that the Shivaji University clearly committed an error of law as both the PhD Degrees of its own and that of JJTU were equivalent. The bench therefore, directed the Shivaji University to give approval to the selection of the Petitioner to the post of Professor in Computer Science and Engineering forthwith.

"Since the issue regarding the qualification of Petitioner was pending in this Court and that since the approval of the Petitioner will be sanctioned by the Shivaji University henceforth, the Petitioner would be entitled to all the benefits, salary and other benefits/incentives from the date of his appointment only," the bench ordered. 

With these observations, the bench disposed of the case. 

Appearance: 

Senior Advocate Anil Anturkar along with Advocates Kalyani Talunkar, Tanaji Mhatugade, Kashish Chelani and Harshvardhan Suryavanshi appeared for the Petitioner.

Advocates Yuvraj Narvankar and Harshvardhan Patil represented Shivaji University. 

Advocate Laxman Deshmukh represented Annasaheb Dange College of Engineering College. 

Advocate Rui Adelino Rodrigues represented the UGC. 

Case Title: Dr Santaji Krishna Shinde vs Shivaji University Kolhapur (Writ Petition 7120 of 2016)

Citation: 2026 LiveLaw (Bom) 369

Click Here To Read/Download Judgment