Nijila Das C.M vs Mahatma Gandhi University
2022 Latest Caselaw 7077 Ker

               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

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

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


               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.