TARIQ ISLAM versus ALIGARH MUSLIM UNIVERSITY AND ORS.

Citation: [2001] SUPP. 3 S.C.R. 689 · Decided: 09-10-2001 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed

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Judgment (excerpt)

TARIQ ISLAM · 
v. 
ALIGARH MUSLIM UNIVERSITY AND ORS. 
OCTOBER 9, 2001 
[S. RAJENDRABABU AND DORAISWAMYRAJU, JJ.] 
Service Law: 
Lecturer-Appointment of-Essential qual~fication-Minimum 55% marks 
or equivalent grade at masters degree level from an Indian University or an 
equivalent grade from aforeign university-Candidate possessing B.A. (Hons.) 
degree from foreign university-Granted admission to M.Phil leading to Ph.D. 
Course-Held, B.A. (Hons.) degree of foreign university equivalent to masters 
degree and such candidate's selection to the post lecturer con-ect-Education. 
Respondent-University issued an advertisement inviting applications 
for appointment to the post of lecturer. Requirement for the post was 
minimum 55 % marks or equivalent grade at masters degree level from an 
indian university or equivalent degree from a foreign university. Selection 
Committee selected the appellant and respondent No. 7 but it was stated 
that in case the appellant's appointment is not approved by the Executive 
Council, respondent No. 7 would be appointed. Vice Chancellor approved 
the appointment of respondent No. 7. Appellant filed a writ petition before 
High Court stating that he possessed the necessary qualification, he having 
obtained B.A. (Hons.) degree from foreign university and M.Phil. and 
Ph.D. degree from the respondent-university. Also at the time of admission 
to M.Phil. leading to Ph.D. the academic council approved appellant's 
admission which was ratified based on the recommendations of the 
equivalence committee. However, High Court held that the B.A. (Hons.) 
degree possessed by the appellant was not equivalent to master's degree 
and dismissed the petition. Hence the present appeal. 
Allowing the appeal, the court 
HELD : t. Selection of the appellant possessing B.A. (Hons.) degree 
from foreign university, to the post of lecturer is correct since the B.A. 
(Hons.) degree from foreign university is equivalent to masters degree 
from Indian university. and on the basis of B.A. (Hons.) degree, the appellant 
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SUPREME COURT REPORTS 
[2001] SUPP. 3 S.C.R. 
was granted admission to M. Phil leading to Ph.D. course from Indian 
university on the approval from the Acedemic Council. In the event of 
appellant's qualification not being equivalent to masters degree, he could 
not have been admitted to M. Phil leading to Ph.D •. course. However, such 
acceptance of equivalence for the purpose of admission to M.Phil leading 
to Ph.D. course and not for other purposes will lead to anomalous results. 
Equivalence of qualification has to be determined before a person is allowed 
to undergo a course. [694-F-H; 695-C] 
University of Mysore & Am: v. C.D. Govinda Rao & Am:, [1964) 4 SCR 
575 and Rajendra Prasad Mathur v. Karnataka University & Am:, [1986) 
C 
Supp. SCC 740, referred to. 
2. High Court was not right in merely relying upon a book on 
''Equivalence of foreign degrees" published by the Association of Indian 
universities and placing its interpretation that the B.A. (Hons.) degree 
possessed by the appellant is equivalent to master's degree of the Indian 
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University as the contents of the publication, apart from the Book itself, cannot 
be ascribed with any official sanctity of binding force or authority.[ 694-D-E] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7076 of 2001. 
From the Judgment and Order dated 20.4.2000 of the Allahabad High 
E 
Court in C.W.P. No. 19024 of 1999. 
F 
P.P. Rao, B.D. Aga1wal, Prashant Bhushan, Sanjeev Kapoor, Ms. Manjula 
Gupta, Chandra Shekhar, Yogesh and S.K. Verma for the appearing patties. 
The Judgment of the Court was delivered by 
RAJENDRA BABU, J. Leave granted. 
Respondent No.1 issued an adve1tisement inviting applications for 
appointment to the post of Lecturer in Philosophy on October l, 1997. Apart 
from other qualifications, one of the essential qualifications provided for such 
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appointment in the said advertisement is "Good academic record with at least 
55 per cent marks or equivalent gr~de at master's degree level in the relevant 
subject from an Indian University or equivalent degree from a foreign university". 
The appellant who had obtained B.A.(Hons.) degree from the Council of 
National Academic Awards, North London, securing more than 55% marks and 
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who had worked with the first respondent University from 25 .8.1981 to 2.1.1993 
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TARIQ ISLAM v. ALIGARH MUSLIM UNIVERSITY [RAJENDRABABU, J.) 
691 
in t

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