IMPORTANT POINT
Degrees not recognized by the UGC cannot be accepted for admission to higher education programs, reinforcing the necessity of compliance with UGC regulations.

JUDGMENT :

Muralee Krishna S., J.

1. The appellant who is the petitioner in W.P.(C)No.3664 of 2023 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 11.12.2024 passed in this writ petition whereby the learned Single Judge dismissed the writ petition refusing to interfere in the decisions of the respondents regarding the validity of the BA degree obtained by the appellant from Dr.C.V.Raman University, Bilaspur.

2. The facts that can be discernible from the records are as follows:

The appellant obtained B.A (History) Degree from Dr.C.V.Raman University, Bilaspur after successfully completing the degree programme conducted through private mode during 2016-2019 and secured an aggregate mark of 68.8%. The appellant obtained admission for three-year LLB Course (Evening Batch) at the School of Legal Studies under the Cochin University of Science and Technology (CUSAT). He appeared for 1^st semester University examination in May 2022. On 14.10.2022, the 3^rd respondent Controller of Examinations issued Ext.P4 letter to the Director of School of Legal Studies, CUSAT stating that the degree of the appellant conferred by Dr.C.V.Raman University does not have the approval of the University Grants Commission (‘UGC’ for short) and requesting him to initiate urgent steps to terminate the admission given to the appellant. The result of the 1^st semester examination of the appellant was withheld by the University citing the same reason. The Director of School of Legal Studies then issued Ext.P5 letter dated 18.10.2022 requiring the appellant to show cause why the admission given to the appellant to the LLB degree programme shall not be terminated. The appellant thereafter made a request to the 2^nd respondent Registrar of CUSAT to recognize the course undergone by him. But, by Ext.P7 letter dated 09.12.2022, the 3^rd respondent Controller of Examinations informed the appellant that his application for recognition of qualifying degree cannot be considered, since Dr.C.V.Raman University was not given approval by the distance education bureau of UGC to conduct Bachelor of Arts programme during the academic year 2016-2017.

2.1. According to the appellant, Dr.C.V.Raman University, Bilaspur is a UGC recognised private University entitled to run courses through private/distance mode from 2013 onwards. Though the appellant submitted repeated representations before the 2^nd respondent explaining all the backgrounds of his course details, he was not allowed to appear in the examination scheduled from 15.11.2022. The appellant then filed W.P.(C) No.36444 of 2022 before this Court and an interim order was passed in that writ petition directing the respondents to permit him to appear for the examination subject to the result of the writ petition. The said writ petition was subsequently withdrawn by the appellant with the permission of the court to file a fresh petition with appropriate grounds and prayers. The appellant received Ext.P9 letter from the 4^th respondent stating that the degree course studied by him was conducted as per the decision of the Academic Council of Dr.C.V.Raman University and it has got jurisdiction to issue specific degree under Section 22 of the UGC Act, 2008. When the 3^rd semester examination was declared by the CUSAT by Ext.P11 schedule of examination, the appellant approached this Court again by filing W.P.(C)No.3664 of 2023, seeking the following reliefs;

“i) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to call for the records leading to Ext.P7 and quash the same.

ii)To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 3^rd respondent to allow the petitioner for the examinations scheduled as per Ext.P11.

iii)To issue a writ of mandamus or any other appropriate writ, order, or direction, commanding the respondents 1 to 3 to permit the petitioner to appear in the classes and further to