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2022 Supreme(Online)(KER) 20824
HIGH COURT OF KERALA
Devan Ramachandran, J
PRABEL KEERTHI SAYOG, – Appellant
Versus
THE UNIVERSITY GRANTS COMMISSION, – Respondent
WP(C)/16419/2022
SRI.K.JAJU BABU (SR.), SRI.BRIJESH MOHAN, SRI.SACHIN RAMESH, SRI.S.KRISHNAMOORTHY, CGC, SRI.SURIN GEORGE IPE, SC
The court established that interim judicial protections can be granted to individuals seeking recognition of educational qualifications pending a final determination by higher authority.
Headnote:
Education - Equivalency Certificate - UGC Guidelines - Distance Education - Interim Orders - Legislative Interpretation
Fact of the Case:
The petitioners sought Equivalency Certificates from Kerala Universities for degrees obtained through Distance Education from Annamalai and Madras Universities, which were initially rejected based on UGC restrictions.
Finding of the Court:
The court found that pending decisions from the High Court of Madras regarding UGC restrictions necessitated interim protections for the petitioners to prevent their dismissal or exclusion from educational processes before a final resolution.
Issues: Whether the petitioners can obtain Equivalency Certificates for degrees from Annamalai and Madras Universities, given the UGC's territorial restrictions currently under judicial review.
Ratio Decidendi: The court ruled that since the High Court of Madras had issued interim orders allowing the conduct of Distance Education beyond territorial limits, the petitioners should be temporarily protected in their quest for the Equivalency Certificates pending that court's final decision.
Final Decision: The court allowed the writ petitions and confirmed interim protections for the petitioners until the High Court of Madras renders its decision.
JUDGMENT
[WP(C) Nos.16419/2022, 10819/2022, 25569/2022, 26231/2022, 30593/2022]
The common issue in these cases – which have been heard together adverting to the similarity of the reliefs sought for therein – is whether the petitioners are entitled to obtain Equivalency Certificates from various Universities in Kerala qua their educational qualifications obtained from the Annamalai University and the Madras University through the Distance Education Programme.
2. The Universities in Kerala appear to have rejected the requests of the petitioners citing the reason that the University Grants Commission (UGC) has not permitted any University to conduct Distance Education Courses beyond their limits of territory.
3. However, it is also conceded, and evident from the pleadings on record, that the instructions of the UGC against the aforementioned Universities have been stayed by the High Court of Madras and that they are thus now conducting their Distance Education Programme even beyond their territorial perimeters.
4. In fact, as far as the Madras University is concerned, it is admitted that, except for the period between 2017 and 2019, the UGC has permitted them to conduct Distance Education Programme, but that the afore period was protected by interim orders in certain pending writ petitions before the High Court of Madras.
5. Sri.S.Krishnamoorthy - learned standing counsel for the UGC, confirms that the aforementioned cases are still pending before the High Court of Madras and interim orders as stated above are still in force.
6. Sri.Jaju Babu – learned senior counsel, instructed by Sri.Brijesh Mohan, appearing for the petitioners in W.P.(C) No.16419/2022 took me extensively through the interim orders of the High Court of Madras - copies of which have been produced along with the said writ petition as Exts.P4 to P6 - saying that if the High Court of Madras is to find in favour of his clients and another similarly situated persons, certainly, it would not be up to the UGC to stop the Universities in Kerala from recognizing its certificates, subject to the satisfaction of all other relevant criteria.
7. It is thus indubitable – it being without contest – that the Annamalai University and the Madras University are before the High Court of Madras and they are enjoying interim orders. Obviously, therefore, this Court cannot proceed to speak affirmatively in favour or against the petitioners in these cases until the said Court takes a final decision. This is because, if the High Court of Madras is to find in favour of the Annamalai University and the Madras University and to declare that they are entitled to conduct their Distance Education Programme even beyond their territories, then surely, the petitioners in these cases will be at liberty to approach the Universities in Kerala for Equivalency Certificates, which may have to be considered de hors any restriction that may have been issued by the UGC as at present.
8. That said, however, since the disposal of the matters before the High Court of Madras might take time and cannot be predicted to a particular termini, I am of the view that the petitioners are required to be protected until such time as it is done.
9. I notice that in most of these cases, interim orders have been issued by this Court to the effect that the petitioners shall not be terminated or thrown out from service or from their educational courses for the sole reason that they have not been able to obtain Equivalency Certificates qua their educational qualifications obtained from the Annamalai University or the Madras University. 10. In one of these matters, namely W.P.
(C).No.26231/2022, the petitioner has sought that his promotion be directed to be considered by his employer without insisting on the Equivalency Certificate for the reasons afore sated.
11. As far as W.P.(C) No.16419/2022, no interim orders have been issued, though I am certain that the petitioners therein are also entitled to adequate protection.
