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2024 Supreme(Online)(DEL) 31461
HIGH COURT OF DELHI
Swarana Kanta Sharma, J
ADHITHIYA SAIRAM – Appellant
Versus
UNION OF INDIA AND ORS – Respondent
W.P.(C)-9029/2024
The AIU's refusal to issue an Equivalence Certificate for distance-learning qualifications is valid and not arbitrary, adhering to established guidelines.
Headnote:(A) Constitution of India - Article 226 - Writ petition seeking quashing of communication by Association of Indian Universities (AIU) regarding Equivalence Certificate - AIU declined issuance citing distance-learning status of the petitioner’s school - Court held that AIU's refusal was in accordance with established guidelines and not arbitrary. (Paras 2, 6, 17, 23)
(B) Educational Qualifications - Equivalence of foreign qualifications - AIU does not recognize degrees obtained through distance/online learning - Policy established by AIU is not arbitrary and is based on expert guidelines. (Paras 10, 14, 20)
(C) Judicial Review - Courts should not interfere with policy decisions of expert bodies unless proven arbitrary or unlawful - The petitioner’s case does not meet the criteria for overriding AIU’s decision. (Paras 23, 24)
Facts of the case:
The petitioner, an OCI cardholder from the USA, sought an Equivalence Certificate from AIU for his 12th-grade education from a distance-learning institution to apply for MBBS under NRI quota. AIU denied the request based on its policy against recognizing distance-learning qualifications.
Findings of Court:
The Court found that AIU's refusal to issue the Equivalence Certificate was justified under its established guidelines, which do not recognize distance-learning qualifications.
Issues: The main issues were whether the AIU's refusal was arbitrary and whether the Consulate's certificate could override AIU's policy.
Ratio Decidendi: The Court ruled that the AIU's policy on equivalence is valid and should not be overridden by the Consulate's certificate, as it conflicts with established guidelines.
Result: Writ petition dismissed.
JUDGMENT
SWARANA KANTA SHARMA, J.
1. The present writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking quashing of communication dated 27.05.2024, issued by respondent no. 2 i.e., Association of Indian Universities [„AIU‟] and direction to the respondents to re-consider the case and issue Equivalence Certificate to the petitioner.
FACTUAL BACKGROUND
2. The petitioner before this Court is a citizen of the United States of America [„USA‟], and an Overseas Citizen of India [„OCI‟] Cardholder, who had completed his 12th-Grade education from Laurel Springs School, 302, West El Paseo Road, Ojai, California 93023, USA [„Laurel Springs School‟]. Thereafter, the petitioner had appeared for and qualified the National Eligibility-cum- Entrance Test [„NEET (UG) 2024‟], and had sought admission in MBBS program under the Non-Resident Indian [‘NRI‟] quota. In order to participate in the counselling process, the petitioner required an Equivalence Certificate from the AIU to verify his educational qualifications.
3. However, on 27.05.2024, the AIU declined to issue the Equivalence Certificate to the petitioner, citing that Laurel Springs School was a distance-learning institution. Eventually, the petitioner, on 05.06.2024, obtained a certificate from the Consulate General of India in San Francisco, USA, wherein it was affirmed that 12th- Grade education in the USA is equivalent to the same level in India. Despite submitting a request for reconsideration to the AIU on 28.06.2024, no response was received by the petitioner.
4. The petitioner contends that the refusal to issue an Equivalence Certificate by the AIU is arbitrary and discriminatory. Thus, she has been compelled to approach this Court, challenging the actions of the AIU.
SUBMISSIONS BEFORE THE COURT
Submissions on Behalf of the Petitioner
5. Learned Senior Counsel appearing on behalf of the petitioner submits that Laurel Springs School is a Western Association of Schools & Colleges [„WASC‟] accredited K-12 online/distance learning private school. It is stated that WASC is a world-renowned accrediting association and is a voluntary dual-purpose process for schools to demonstrate that they provide high quality learning and model continual self-improvement. It is stated that the petitioner herein has studied and cleared Physics, Chemistry, Biology and English from Laurel Springs School, as per their rules, and was awarded Diploma on 16.08.2023. He had obtained 3.94 CGPA out of maximum Grade Point of 4.00. It is submitted that the petitioner had appeared in the NEET (UG)-2024 on 05.05.2024 and is now seeking admission for the under-graduate medical seat under the NRI quota.
6. Learned Senior Counsel for the petitioner submits that to participate in the counselling session, the petitioner has to necessarily fill up online forms for the said purpose. However, the condition precedent to fill up online counselling forms, for a candidate who has qualified from a foreign board, is to approach AIU and get an Equivalence Certificate. It is stated that to obtain the said Certificate, the petitioner had filled the online application form, as available on the portal of AIU. In response to the same, the petitioner had received the impugned communication dated 27.05.2024 from AIU, declining the petitioner‟s request and stating therein that Laurel Springs School is a WASC-accredited K-12 „distance learning private school‟ in California, USA, and Equivalence Certificate cannot be granted to the petitioner since he has completed 12th-Grade education through distance learning programme.
7. Learned Senior Counsel for the petitioner argues that the impugned communication is arbitrary, illegal and discriminative, inasmuch as the Equivalence Certificate is a mandatory requirement for applying for under-graduate counselling. It is further argued that the impugned communication is a non-speaking and does not assign any valid reason for declining the issuance of E
