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IN THE HIGH COURT OF KERALA AT ERNAKULAM
D.K.SINGH
Harisankar S., S/o. Sankaran Unni P.P. – Appellant
Versus
State Of Kerala, Represented By Secretary To Higher Education Department – Respondent
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 2nd 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 requirement of an equivalency certificate for degrees from national institutions like IGNOU violates government orders and UGC regulations, thus is unjustified.
Degrees from recognized National Institutes do not require equivalency certificates for educational qualifications, as mandated by state policies and UGC guidelines.
The court affirmed that an equivalence certificate granted by the Association of Indian Universities suffices for university admission, establishing the recognition of international qualifications.
The judgment established the binding nature of eligibility conditions, the authority of UGC to assign the responsibility of determining equivalence to AIU, and the technical nature of equivalence.
The court affirms that compliance with procedural requirements by educational institutions must be acknowledged, enabling students to receive necessary certifications for their completed courses.
Qualifications for public service posts must be obtained through regular study, not distance education, to satisfy statutory requirements.
Qualifications for public service positions must be acquired through regular education, excluding distance-learning degrees from satisfying eligibility criteria.
The court emphasized the importance of considering previous court directions in the decision-making process.
The court emphasized the importance of meeting the eligibility conditions and the recognition of qualifications by relevant authorities in determining the validity of an engagement order for a teachi....
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