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2025 Supreme(Ker) 2224

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J.
Anju Lis Kurian W/o Manual Thomas - Appellant
Versus
The Mahatma Gandhi University, Rep. by its Registrar - Respondent
W.P. (C) Nos. 3638, 6261 of 2020
Decided On : 17-07-2025

Advocates:
Advocate Appeared:
For the Appellants : D. Kishore, Mini Gopinath, Meera Kishore
For the Respondents: Surin George Ipe, P.C. Sasidharan

The court upheld that equivalence certificates for foreign qualifications could be accepted post-application deadline without invalidating a candidate's eligibility, emphasizing respect for the expertise of selection committees.

Headnote:(A) Writ of Certiorari - Selection Process - UGC Regulations, 2010 - University Notification dated 28.04.2018 - Writ petitions challenging appointment of selected candidates as Assistant Professor in International Relations and Politics. The 6th respondent's inclusion in rank list was contested on grounds of not submitting equivalence certificate for foreign qualifications before the application deadline. The court held that academic equivalence for additional qualifications like Ph.D could be established post-application and did not nullify eligibility based on minimum requirements. Judicial review of selection procedures must consider expertise of selection committees. No malpractices were established. (Paras 20, 22, 24, 32, 39)

(B) Equivalence Certificates - Judicial Review - The necessity of having equivalence certificates at the point of application for foreign degrees was interpreted, emphasizing that such certificates could be submitted later without negating qualifications. (Paras 38, 39)

(C) Subject Relevance - The distinction between 'a relevant subject' versus 'the relevant subject' in academic qualifications was explored, determining sufficient latitude for candidates' related studies. (Paras 39, 40)

Findings of Court:
The application submitted by the 6th respondent could not be rejected solely for the absence of equivalence certificates at the time of application; qualifications were deemed satisfactory.

Issues: 1) Requirement for equivalence certificate submission; 2) Validity of interview scoring; 3) Subject relevance for Ph.D. qualifications.

Ratio Decidendi: Judicial oversight must respect the expertise of selection processes. The court affirmed established principles allowing acceptance of equivalence documentation beyond submission deadlines, reinforcing the autonomy of academies in qualification evaluations.

Result: Writ petitions dismissed.

Table of Content
1. selection process overview and candidates. (Para 1 , 2 , 3 , 4 , 5)
2. arguments regarding qualifications. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
3. court's decision framework. (Para 20 , 21 , 22 , 23 , 24 , 25)
4. acceptability of equivalence certificates. (Para 38 , 39 , 40 , 41 , 42)
5. final decision on writ petitions. (Para 54)

JUDGMENT :

T.R. RAVI, J.

1. Both these writ petitions relate to the selection and appointment of Assistant Professor in International Relations and Politics in the 1st respondent University (hereinafter referred to as the University). They are hence heard and disposed of together. The 4th respondent in W.P.(C)No.3638 of 2020, arrayed as the 6th respondent in W.P.(C)No.6261 of 2020, was selected for the post, and the petitioners in these two writ petitions are candidates who could not get selected. The parties are referred to as per their status in W.P.(C)No.6261 of 2020, which is treated as the main case. The reference to the exhibits is also as marked in W.P. (C)NO.6261 of 2020, except in the case of exhibits that are not produced in W.P.(C)No.6261 of 2020.

2. W.P.(C).No.3638 of 2020 has been filed with the following prayers:

“a. Call for the records leading to the passing of Exhibit P6 rank list and quash the same to the extent it includes the 4th respondent as Rank. No.1 therein by issuing a writ of certiorari or any other appropriate writ direction or order.

b. Call for the records leading to the passing of Exhibit P12 and quash the same by issuing a writ of certiorari or any other appropriate writ, direction, or order.

c. Declare that Exhibits P9 and P9(a) documents submitted by the 4th respondent for securing scores for interview for the post of Assistant Professor in furtherance to Exhibit P1 notification could not have been considered by the respondents 1 and 2 as the 4th respondent failed to submit the Eligibility/Equivalency Certificate with respect to his M.Phil and Ph.D Degrees prior to the last date stipulated for submission of application in the selection notification and that the inclusion of the name of the 4th respondent in Exhibit P6 ranked list is illegal.

d. Declare that Exhibit P9(a) Eligibility Certificate issued to the 4th respondent by the 2nd respondent, cannot be reckoned for awarding any score for selection in furtherance to Exhibit P1 notification as the same was not issued in accordance with Exhibit P10 Regulations.

e. issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 2 to cancel the appointment given to the 4th respondent on the basis of Exhibit P6, forthwith.

f. issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to appoint the petitioner to solitary post of Assistant Professor in the School of International Relations and Politics in furtherance to Exhibit Pl and in accordance with Exhibit P6 rank list, expeditiously.

g. grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice.”

3. W.P.(C)No.6261 of 2020 has been filed with the following prayers:

(i) to declare that the degree of Doctor of Philosophy in Social Anthropology - "Spatial Reconfigurations and New Social Formations" from University of Bergen, Norway obtained by the 6th respondent has not been recognised as equivalent to Ph.D degree in International Relations and Politics awarded by any of the Universities established under any of the Universities in the Country and the Association of Indian Universities is not invested with any power or authority under any Act of Parliament or State Legislature or by any Rule, Ordinance or Statutes or by any executive Order passed by the Central Government or any State Government to recognise Ph.D degree awarded by the foreign Universities as equivalent to the Ph.D degrees awarded by the Universities established under the Central Act or Acts of States and Statutes thereunder;

(ii) to call for the records leading t

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