Point of Law: Sikkim Manipal University - Recognition of Degree - Degrees/ Diplomas/ Certificates awarded for programmes conducted by the ODL institutions, recognized by DEC (erstwhile) and UGC, in conformity with UGC Notification on specification of Degrees should be treated as equivalent

JUDGMENT :

S. Manikumar, J.

Instant Writ Appeal is filed challenging the judgment in W.P(C).No.11386 of 2020 dated 13.7.2021.

2. Cochin University of Science and Technology (CUSAT) represented by its Registrar and Joint Registrar (Academic) CUSAT/Respondents 2 and 3 in W.P.(C) No.11386/2020 are the appellants herein.

3. Writ Petition was filed by the 1st respondent, who is working as a Secretary of Nedumkunnam South Service Co-operative Bank Ltd. No.1271, praying to quash Ext.P6 order of the 1st appellant University rejecting his request for recognizing MBA Degree, secured by him, from Sikkim Manipal University and for a direction to the appellant University, to declare that MBA Degree awarded by Sikkim Manipal University by distance education programme is valid for all purposes.

4. Before the Writ Court, a counter affidavit has been filed on behalf of the 1st appellant University explaining that the decision of the University to decline recognition to MBA Degree of the 1st respondent is in accordance with the resolution dated 28.03.2014 of the Academic Council of the University, by which, it was resolved to recognise those Distance Education Degrees/Diplomas awarded by Statutory Universities of the State/Central Government which are recognized by the UGC in conformity with UGC notification of specification of Degrees for education/employment purpose in the University.

5. The petitioner has filed a reply affidavit to the counter affidavit filed on behalf of the 2nd respondent. Relevant portions of the same reads thus:

“2. The above writ petition has been filed by me mainly for the issuance of a writ of certiorari to quash Exhibit P6 as illegal and arbitrary among other reliefs. A counter affidavit is filed by the 2nd respondent in this case. All the averments contained in the above counter affidavit are incorrect and hence denied.

3. Regarding the averments contained in paragraph number 4 of the counter affidavit, it is submitted as follows. By virtue of Exhibits R2(a) and R2(b) it has been resolved to recognize those distance education degrees/diplomas awarded by statutory universities of the State/Central Government which are recognized by the UGC in conformity with UGC notification of specification of degrees for education/employment purpose in the university. It is further stated by the 2nd respondent that, Exhibits R2(a) and R2(b) orders are still in force. Exhibit R2(a) and R2 (b) orders are against the letter dated 14.10.2013 bearing No. UGC/DEB/2013 of the University Grants Commission. The 2nd respondent cannot water down the above mandate of the U.G.C by limiting distance education programs recognition for education/employment purpose in the university.

4. Regarding the averments contained in paragraph number 5 of the counter affidavit, it is submitted as follows. There is no need to challenge Exhibits R2(a) and R2 (b) by the petitioner. Exhibit P6 has been challenged by the petitioner. It is having the essence of Exhibits R2(a) and R2(b).

5. Regarding the averments contained in paragraph number 6 of the counter affidavit, it is submitted as follows. It is true that Exhibit P4 is prior to Exhibits R2(a) and R2(5). But R2(a) and R2(b) are against the meaning and spirit of the U.G.C letter dated 14.10.2013. Exhibits R2(a) and R2(6) are illegal and arbitrary.”

6. After considering the rival submissions and material on record, writ court, vide judgment dated 13.7.2021, allowed the Writ Petition holding that the Registrar of Co-operative Societies ought not to have called upon the 1st respondent to obtain the certificate of recognition, once the writ petitioner was given employment on the basis of the said Degree and quashed the impugned action of the 3rd respondent/2nd appellant herein, stating it to be wholly fallacious, repugnant and arbitrary. Directions were issued to the University to recognize the Degree for the purpose of awarding of increments, permissible in accordance with the applicability of Co-operative Society Rules o