National Association Of Physical Education And Sports - India Thr Secretary And Another v. University Grants Commission Thr Secretary, New Delhi

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1324/2016 (NATIONAL ASSOCIATION OF PHYSICAL EDUCATION AND SPORTS-INDIA & ANOTHER VERSUS UNIVERSITY GRANTS COMMISSION, NEW DELHI & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.H. Deshpande, Senior Counsel with Shri Rajeev Deshpande and Shri Ashwin Deshpande, counsel for the petitioners. Shri A.S. Agrawal, counsel for the R-1.

Shri P.S. Chawhan, counsel for the R-2.

Shri A.M. Joshi, counsel for the R-3 & 4.

Shri A.M. Balpande, A.G.P. for the R-5.

Mrs. T.D. Khade, counsel for the R-6.

CORAM : SMT.VASANTI A NAIK AND MRS.SWAPNA JOSHI, JJ.

DATE : AUGUST 11 , 2016.

By this petition, the petitioners have sought a direction against the respondent no.1-University Grants Commission to continue the courses of B.P.E. and M.P.E. as they were in existence prior to the issuance of the impugned notification, dated 05.07.2014. The petitioners have challenged the notification, dated 05.07.2014, being arbitrary and illegal. The respondent no.1-University Grants Commission has filed an affidavit-in-reply. It is stated therein that after the issuance of the impugned notification, there were several representations and the University Grants Commission reconsidered the matter and has changed the nomenclature of the degrees of B.P.E. and M.P.E. as B.P.E.S. and M.P.E.S. It is stated in the affidavit that the students who were admitted to the Bachelor of Physical Education (B.P.Ed.) degree course and Master of Physical Education (M.P.Ed.) degree course in the academic session 2014-15 and those who have passed the said examination in the year 2014-15, the degree would stand recognized as per the notification dated 11.07.2014. It is stated

that the students that have taken admission to the aforesaid courses in the year 2015-16, would be governed by the nomenclature and the duration as per the re-structure. It is stated that it would now be for the universities offering the B.P.E. and M.P.E. programme to change the nomenclature of the said degrees as B.P.E.S. and M.P.E.S.

Mrs. Khade, the learned counsel for the respondent no.6-University, states that the university would take action at the earliest and re-structure the degrees as B.P.E.S. and M.P.E.S. as per the affidavit of the respondent no.1-University Grants Commission. It is stated that the policies and the regulations of the respondent no.1-University Grants Commission are binding on the university and the university would take appropriate action in terms of the affidavit-in-reply filed on behalf of the University Grants Commission, at the earliest. According to the petitioners, the grievance of the petitioners stands redressed in view of the statement made on behalf of the respondent no.1-University Grants Commission and the respondent no.6-University.

By accepting the statement made on behalf of the respondent no.6-University, we dispose of the writ petition with no order as to costs.

JUDGE JUDGE APTE

CERTIFICATE copy of original signed Judgment/Order.

Uploaded by: Rohit D. Apte.

Uploaded on : 12.08.2016.