JUDGMENT

This is a classic case of a high handedness at the behest of the Cochin University of Science and Technology (CUSAT) in not recognizing the degree of the MBA obtained by the petitioner from the Sikkim Manipal University.

2. The facts leading to the filing of the writ petition is that the petitioner secured MBA (Master of Business Administration) degree from Sikkim Manipal University. The said University is approved by the University Grants Commission and also a Distance Education Council. Certificate to this effect is Ext.P1. Petitioner submitted an application for a recognition certificate from the Cochin University. As per Circular No.46/2015 dated 16.11.2015 of the Registrar of Co-operative Societies, if an employee having MBA, MCA, or CA would be entitled for increments. Petitioner received a letter in reply from the Registrar, Cochin University that the academic council of the University on 28.3.2014 decided to recognize the Distance Education Degrees recognized by UGC only for the purpose of education/employment in the University with effect on 8.5.2019, therefore, the certificate could not be issued.

3. Petitioner joined the MBA course in May 2013. Cochin University passed a resolution dated 28.3.2014 that the Distance Education degree e was recognized by Cochin University only for the purposes aforementioned. Petitioner, since, was seeking an increment in the employment asked for recognition of the degree but the same was rejected vide Ext.P6 dated 21.5.2020.

4. Learned counsel appearing on behalf of the petitioner submitted that the reasoning given by the 3rd respondent in Ext.P6 is highly illegal and arbitrary as the resolution of the syndicate now placed on record R2(a) and R2(b) r/w Ext.P4 recognition in 2001 was meant only for education/employment. Petitioner sought the employment in Co-operative Society on the basis of recognized degree. All the benefits which the person would be entitled to in course of employment are also admissible and separate certificate of recognition is not required though the Registrar Co-operative Society ought not to have asked for it but the same was applied which has erroneously been rejected.

5. Learned counsel appearing on behalf of the 2nd respondent, CUSAT opposed the aforementioned writ petition by submitting that the writ petition is not maintainable in the absence of challenge to R2(a) and R2(b); the decision of the academic council as well as of the Syndicate whereby the MBA degree obtained by the candidate through distance education recognized by the University is only for the purpose of employment and education, thus, the increment cannot be equated with the aforementioned decision, therefore, the action cannot be said to be illegal or arbitrary in the issuance of Ext.P6. There is no representation on behalf of the Co-operative Societies. Petitioner rebutted the aforementioned counter by submitting that there is no need to challenge R2(a) and R2(b). Ext.P6 has been challenged by the petitioner. Exts.R2(a) and R2(b) are consequential.

6. I have heard the learned counsel for the parties and appraised the paper book. The facts that the petitioner obtained the degree of MBA from Sikkim Manipal University which is also recognized in distance education and as per Ext.P4 dated 18.7.2011 issued by the Cochin University of Science and Technology whereby one Harihara Bhrahma Mohanan V.Anjanam, Kuthirappanthy Wardm, Alappuzha-2 on his request was issued recognition. The relevant contents of the same reads as under:

COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY No.Ac.C3/Recog/11/iii dated 18.7.2011 CERTIFICATE This is to certify that all degrees/diplomas and other academic distinctions specified by the UGC under Section 22 of the UGC Act, awarded by Statutory Institutions approved by the University Commission, stand recognised by Cochin University of Science and Technology for the purpose of employment and higher education on a reciprocal basis.

Sikkim Manipal University, Gangtok is a