Harisankar S vs Mahatma Gandhi University
2023 Latest Caselaw 11516 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                       WP(C) NO. 29572 OF 2023
PETITIONER:

          HARISANKAR S.
          AGED 45 YEARS
          S/o.SANKARANUNNI.P.P,
          LPST, GOVERNMENT U.P. SCHOOL, KOODASSERY, KUTTIPPURAM
          SUB DISTRICT, KURUMBATHUR P.O., MALAPPURAM, PIN -
          676301

          BY ADVS.
          P.MOHANDAS (ERNAKULAM)
          K.SUDHINKUMAR
          SABU PULLAN
          GOKUL D. SUDHAKARAN
          R.BHASKARA KRISHNAN
          BHARATH MOHAN



RESPONDENTS:

    1     MAHATMA GANDHI UNIVERSITY
          REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS P.O.,
          KOTTAYAM, PIN - 686560

    2     THE REGISTRAR
          MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O.,
          KOTTAYAM - 686560

          SRI. SURIN GEORGE IPE, SC.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29572 OF 2023             2


                            T.R. RAVI, J.
            --------------------------------------------
                   W.P.(C)No.29572 of 2023
                --------------------------------------------
          Dated this the 8th day of November, 2023

                           JUDGMENT

The prayer in the writ petition is to quash Ext.P4

certificate dated 14.11.2021, issued by the 2nd respondent.

Ext.P4 is an Eligibility Certificate whereby it has been

certified that the degree of Master of Arts in Gandhi and

Peace Studies (Distance Education) awarded by Indira

Gandhi National Open University, Delhi, to the petitioner has

been recognised by the University. The grievance of the

petitioner is that the petitioner had sought for an equivalency

certificate for the purpose of getting employment as HSST

and the request has been been rejected by Exts.P4 and P6.

Ext.P6 is a memo issued by the Assistant Registrar of the

University stating that the Master of Arts in Gandhi and

Peace Studies (Distance Education) from the Indira Gandhi

National Open University cannot be granted equivalence to

the Degree of Master of Arts in Gandhian Studies from the

Mahatma Gandhi University. The memo, however, says that

the degree from the IGNOU has been recognised by the

University for the purpose of employment and as a

qualification for higher studies. The memo further says that

since equivalency has already been rejected by an order

dated 05.07.2021, the same can be reconsidered only after a

syllabus revision. Ext.P7 produced is the order which was

issued on an application for equivalency earlier. The order

specifically says that the Master of Arts in Gandhi and Peace

Studies (Distance Education) Degree from the IGNOU need

not be treated as equivalent to the Degree of Master of Arts

in Gandhian Studies from the Mahatma Gandhi University

but the same can be recognised for the purpose of

employment and for higher studies. In view of a decision

which has already been taken regarding equivalency, this

Court cannot go into it and direct a re-consideration which

will not be in accordance with the University Statues.

However, while considering the question of equivalency, the

University has considered the question of recognition and

recognised the degree granted by IGNOU for certain specific

purposes. One such purpose is employment. As such, the

University ought to have issued a certificate regarding the

recognition of the degree for the purpose of employment and

higher studies as has been decided in Ext.P7.

In the above circumstances, this writ petition is

allowed. There will be a direction to the respondents to issue

the petitioner a fresh certificate in terms of Ext.P7,

recognising the degree granted by the IGNOU for the

purpose of employment and higher studies. Necessary orders

shall be issued within three weeks from the date of receipt of

a copy of this judgment.

Sd/-

T.R.RAVI JUDGE LEK

APPENDIX OF WP(C) 29572/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VICE CHANCELLOR OF INDIRA GANDHI NATIONAL OPEN UNIVERSITY DATED 15-02-2019

Exhibit-P2 TRUE COPY OF THE PROVISIONAL CERTIFICATE ISSUED TO THE PETITIONER BY THE REGISTRAR, INDIRA GANDHI NATIONAL OPEN UNIVERSITY DATED 14-07-2023

Exhibit-P3 TRUE COPY OF THE CERTIFICATE OF STATE ELIGIBILITY TEST -JULY -2021 ISSUED BY THE DIRECTORATE OF GENERAL EDUCATION TO THE PETITIONER

Exhibit-P4 TRUE COPY OF THE ELIGIBILITY CERTIFICATE NO. 71389 DATED 14-11-2021 ISSUED BY THE 2ND RESPONDENT

Exhibit-P5 TRUE COPY OF THE REPLY OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT FROM THE OFFICE OF THE DIRECTOR OF GENERAL EDUCATION DATED 10-01-2023

Exhibit-P6 TRUE COPY OF THE MEMO NO. 100907/AC A8-

1/2023/AC A8 DATED 10-08-2023 GIVEN FROM THE OFFICE OF THE 1ST RESPONDENT

Exhibit-P7 TRUE COPY OF THE ORDER NO. 3051/AC D/2021/M.G.U. DATED 5-7-2021 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 1ST RESPONDENT

Exhibit-P8 TRUE COPY OF THE JUDGMENT DATED 13-07-

2021 IN W.P.(C)NO. 11386/2020

Exhibit-P9 TRUE COPY OF THE JUDGMENT DATED 22-09-

2021 IN W.A. NO.1190/2021