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2025 Supreme(Ker) 2491
IN THE HIGH COURT OF KERALA AT ERNAKULAM
D. K. Singh, J.
Harisankar S., - Petitioner
Versus
State Of Kerala, Represented By Secretary To Higher Education Department And Ors. – Respondents
WP(C) No. 15672 of 2025
Decided On : 17-06-2025
For the Petitioner: Shri. R. K. Muraleedharan, Smt. Athira A. Menon, Shri. Harisankar K. V.
For the Respondent: Smt. Shameena Salahudheen, Sc, Shri. V. Venugopal, GP
Degrees from recognized National Institutes do not require equivalency certificates for educational qualifications, as mandated by state policies and UGC guidelines.
Headnote:(A) University Grants Commission Act, 1956 - Kerala Education Act, 1958 - Recognition of degrees - Petitioner, a teacher, holds a Master's degree from IGNOU and challenges the necessity of equivalency certificate for State Eligibility Test despite passing it - The insistence on such a certificate contradicts the Government Order and is declared ultra vires. (Paras 3-6)
(B) Higher education - The laws should not undermine the legitimacy of recognized degrees from National Institutions established by the Central Government, affirming that discrimination against such qualifications is unjustified under education policies. (Paras 5-6)
Facts of the case:
The petitioner secured a Master's degree from IGNOU and applied for the State Eligibility Test for promotion, whereas the 2nd respondent required an equivalency certificate for the degree.
Findings of Court:
The insistence for an equivalency certificate was ruled as unjustified and contrary to the Government's recognition of Central University degrees.
Issues: Whether the petitioner needs an equivalency certificate for a Master’s degree from a recognized Central University to qualify for the State Eligibility Test.
Ratio Decidendi: The court emphasized that equivalency certificates should not be required for degrees from recognized National Institutions, aligning with UGC guidelines and state education policies.
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. petitioner's qualifications and previous recognition (Para 1 , 2) |
| 2. requirement for equivalency certificate by respondents (Para 3 , 4) |
| 3. court's analysis of equivalency certificate requirement (Para 5 , 6) |
| 4. decision to allow writ petition and issue certificate (Para 7) |
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 SET, his certificate of having been qualified in the SET cannot be issued by the 2nd 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 2nd 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. 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 2nd respondent is hereby directed to issue the certificate of pass in SET,
