Harisankar S. v. State Of Kerala, Represented By Secretary To Higher Education Department
2025-06-17
D.K.SINGH
body2025
DigiLaw.ai
JUDGMENT : D. K. Singh, J. 1. The petitioner has secured his graduation degree from the University of Calicut in Sociology and thereafter he had secured Master Degree in Gandhi & Peace Studies from Indira Gandhi National Open University (hereinafter referred to as ‘IGNOU’ for short). The petitioner has been working as Primary Teacher w.e.f. 13.06.2007. The petitioner had made an application to participate in the State Eligibility Test for promotion to the post of Higher Secondary School Teacher in the Gandhian Studies. 2. It is further stated that the Mahatma Gandhi University, a University in the name of Mahatma Gandhi, has recognized the Master Degree in Gandhi & Peace Studies obtained by the petitioner from IGNOU vide certificate dated 14.11.2021 (Exhibit P-5). 3. Ms. Shameena Salahudheen, the learned Standing Counsel for the 2 nd respondent, LBS Centre for Science and Technology, who is responsible for conducting the State Eligibility Test (SET) submits that the petitioner is required to have equivalency certificate issued for his Master Degree from a State University of Kerala as per Clause 2.2 and 5.6(a) of Exhibit P-3 Prospectus of SET and even though the petitioner has passed in the SET, his certificate of having been qualified in the SET cannot be issued by the 2 nd respondent as the petitioner is not having the equivalency certificate. 4. Mr. V. Venugopal, the learned Government Pleader also has supported the said submission and submitted that in view of the Special Rules made by the State Government under the Kerala Education Act, 1958 equivalency certificate is a must. 5. I have considered the submissions advanced by the learned Standing Counsel for the 2 nd respondent and the learned Government Pleader but find little substance in these arguments. The IGNOU is a University of National importance established by the Central Government to offer open studies through correspondence for the first time in the University system and also it offers regular courses. The Central University is recognized by the University Grants Commission (UGC) and its courses are approved by the UGC. If the courses approved by the UGC offered by a Central University are required to have the equivalence certificate from the State University, it would be the end of the education system. 6.
The Central University is recognized by the University Grants Commission (UGC) and its courses are approved by the UGC. If the courses approved by the UGC offered by a Central University are required to have the equivalence certificate from the State University, it would be the end of the education system. 6. Even the State Government has understood this aspect and, therefore, vide the Government Order; G.O.(Ms) No. 272/2018/HEDN dated 13.11.2018 in Exhibit P-6 it has been clarified that no equivalency/recognition shall be insisted upon for degrees obtained from National Institute like Indian Institutes of Technology (IITs), Indian Institute of Science (IISs), National Institutes of Technology (NITs), Indian Institutes of Science Education and Research (IISERs) or other institutions recognized by UGC. Despite this understanding of the State Government itself, insistence upon the equivalence certificate is wholly unjustified and such clauses in the prospectus run contrary to the Government Order in Exhibit P-6 dated 13.11.2018 as well as the National Education Policy and it is declared as ultra vires of the University Grants Commission Act, 1956 and Regulations framed thereunder. No insistence for equivalence certificate can be made in respect of the Degrees obtained from the National Institutions such as National Institute like Indian Institutes of Technology (IITs), Indian Institute of Science (IISs), National Institutes of Technology (NITs), Indian Institutes of Science Education and Research (IISERs) or other institutions recognized by UGC. 7. In view thereof, the present writ petition is hereby allowed, and the 2 nd respondent is hereby directed to issue the certificate of pass in SET, July 2021 to the petitioner forthwith.