IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 19521 OF 2022
PETITIONER:
NIJILA DAS C.M., AGED 33 YEARS
W/O.DILEEP P., PALATHINGAL HOUSE,
OTTAPALAM P.O., PALAKKAD - 679 103.
BY ADVS.
K.I.SAGEER
MUHAMMED YASIL
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY , REPRESENTED BY ITS
VICE CHANCELLOR, PRIYADARSINI HILLS,
ATHIRAMPUZHA,KOTTAYAM - 686 560.
2 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS
REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA,
KOTTAYAM - 686 560.
3 UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS
SECRETARY, UNIVERSITY GRANTS COMMISSION,
BAHADUR SHAH ZAFER MARG, NEW DELHI - 110 001.
4 L.B.S.CENTRE FOR SCIENCE & TECHNOLOGY
REPRESENTED BY ITS DIRECTOR, NANDAVANAM,
PALAYAM, THIRUVANANTHAPURAM - 695 033.
5 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, THULASI HILLS,
PATTAM PALACE P.O., THIRUVANANTHAPURAM - 695 004.
6 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDINGS, SHANTHI NAGAR
THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SRI.S.KRISHNAMOORTHY - CGC
SMT.SHAMEENA SALAHUDHEEN - SC
WPC 19521/22
2
SRI SURIN GEORGE IPE-SC
SMT.PARVATHY K. - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 19521/22
3
JUDGMENT
The petitioner impugns Ext.P6 order of the 2 nd respondent
- Mahatma Gandhi University, declining issuance of an Equivalency Certificate to her degree of Master of Arts in Journalism and Mass Communication, which she obtained from the Sikkim Manipal University, through distance education.
2. The petitioner asserts that the course in question has been approved by the Distance Education Council (DEC) of the Indira Gandhi National Open University (IGNOU) and therefore, that the M.G. University could not have rejected her application for equivalency. She alleges that on account of the illegal stand of the M.G. University, she has not been able to get certificates from the competent Authority of the Government of Kerala, which has denied her employment under it. She, therefore, prays that Ext.P6 be set aside and the M.G. University be directed to reconsider the matter, taking into account the fact that the course in question has been approved by the DEC of WPC 19521/22 4 IGNOU.
3. On hearing Sri.Sageer Ibrahim - learned counsel for the petitioner as afore, I asked Sri.S.Krishnamoorthy - learned Standing Counsel for the University Grants Commission (UGC), whether the Degree of the petitioner has been approved by the DEC of the IGNOU. He submitted that he does not have specific instructions about this, but added that if such recognition has been granted, then certainly, the M.G. University may have to reconsider their decision.
4. Sri.Surin George Iype - learned Standing Counsel for the M.G. University, submitted that Ext.P6 has been issued because the petitioner has not been able to produce any evidence before the University to show that the course in question has been approved by the DEC of the IGNOU or by the UGC for that manner. He added that if the petitioner is able to do so, then certainly, the matter can be reconsidered.
Taking note of the afore submissions, I order this Writ Petition to the limited extent of leaving liberty to the petitioner to approach the M.G. University with any document to show WPC 19521/22 5 that the degree which she has obtained, has been recognised by the DEC of the IGNOU or by the UGC; and if so, its competent Authority will reconsider the matter de hors Ext.P6 and issue a fresh order in terms of law.
For an expeditious compliance of the afore directions, I direct the petitioner to produce the aforementioned order of recognition before the M.G. University within a period of two weeks from the date of receipt of a copy of this judgment; in which event, the said University will complete the exercise as ordered above; thus culminating in an appropriate order, which shall be communicated to the petitioner within a period of two weeks thereafter.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 19521/22
6
APPENDIX OF WP(C) 19521/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEGREE CERTIFICATE
ISSUED BY THE SIKKIM MANIPAL
UNIVERSITY.
Exhibit P2 A TRUE COPY OF THE APPLICATION DATED
07/04/2022.
Exhibit P3 A TRUE COPY OF THE PUBLIC NOTICE DATED
23/02/2018 OF THE UNIVERSITY GRANTS COMMISSION.
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 26/05/2022 IN WP(C) NO.15750/2022 OF THIS HON'BLE COURT.
Exhibit P5 A TRUE COPY OF THE ELIGIBILITY CERTIFICATE DATED 07/06/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P6 A TRUE COPY OF THE ORDER DATED 07/06/2022 ISSUED ON BEHALF OF THE 2ND RESPONDENT.
Exhibit P7 A TRUE COPY OF THE COMMUNICATION DATED 13/06/2022 ISSUED BY THE DEPUTY REGISTRAR OF SIKKIM MANIPAL UNIVERSITY TO THE PETITIONER.