university not providing proof of validity of degree
4 months ago
I pursued MBA from an institute which had affiliation to a University for MBA programme in distance learning mode for session January 2005 to December 2007. I was awarded degree. I am an employee of PSU and during promotion they examined my degree and found that the university was not being shown as recognised by Distance Education Council in that period ie 2005 to 2007. Now according to gazette of india before 2013 the degrees awarded by universities recognised by UGC in distance learning mode stands automatically recognised provided they have taken approval of that program from Distance Education Council. Now, when I am asking for approval letter of DEC (Distance Education Council) for my program, the same is not being provided to me by my institute saying that approval had to be taken by University and it must be with them and it is a very old case. The university is situated in west bengal and not entertaining me (I am residing in delhi). What legal action can I take against the institue or university as my promotion will be declined.
In the given situation, since you are a resident of Delhi and pursued the course at the University of West Bengal, you have to file a petition under Article 226 of the Constitution of India before the Delhi High Court praying for issue of a writ of mandamus to protect your fundamental rights guaranteed under Article 21 of the Constitution. Article 226(1) of the Constitution of India lays down the jurisdiction of writ with respect to the High Courts in India. Notwithstanding anything contained in Article 32, every High Court shall have powers, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories, directions, orders or writs for the enforcement of any of the rights conferred by Part III of the Constitution and for any other purpose. The High Courts have the authority to order the transfer of any civil or criminal case from one State High Court to another State High Court or from a Court Subordinate to another State High Court (in the case of High Courts). The High Courts issue writs of mandamus to monitor public servants and determine whether they are adequately discharging their duties. If they don't, they are asked to do their assignment or stop acting in a certain way. Consult with an experienced Advocate of the Delhi High Court for further guidance and steps.
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