Kerala High Court
Jiji G vs State Of Kerala, Rep By Secretary To ... on 28 May, 2024
WPC.No.2867/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 2867 OF 2024
PETITIONER:
JIJI G.,
AGED 43 YEARS,
W/O.SHIBU M, THANAL HOUSE, PANTHAPPULLY, PALLASANA
P.O, PALAKKAD., PIN - 678 505.
BY ADV.S.SACHITHANANDA PAI
RESPONDENTS:
1 STATE OF KERALA, REP BY SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR,
DIRECTORATE OF GENERAL EDUCATION, GOVERNMENT OF
KERALA, JAGATHY, TH IRUVANANTHAPURAM,
PIN - 695 014.
3 GOVERNMENT OF INDIA,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DEPARTMENT
OF EDUCATION), NEW DELHI, REPRESENTED BY ITS
DIRECTOR, CENTRAL SECRETARIAT, PIN - 110 001.
4 UNIVERSITY GRANTS COMMISSION,
REPRESENTED BY ITS SCRETARY, BEHADUR SHAH ZAFAR
MARG, NEW DELHI, PIN - 110 002.
BY ADV S.Krishnamoorthy S
SRI.PREMCHAND R NAIR, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.2867/24 2
JUDGMENT
The petitioner is a High School Teacher (HST) (Hindi) at
Velayudhan Memorial Higher Secondary School, Vadavannur,
Palakkad. She was appointed as a teacher in the said school on
12.12.2011. After joining the service, the petitioner joined a
graduation course (Distance education) in Hindi conducted by
the Dakshina Bharat Hindi Prachar Sabha, and Ext.P2 is the
certificate issued by the Dakshina Bharat Hindi Prachar Sabha to
that effect. Thereafter, the petitioner appeared for the State
Eligibility Test (SET) conducted by the 1st and 2nd respondents.
2. Even though the petitioner became qualified in the
said examination, as evidenced by Ext.P3, the certificate in this
regard has not been issued to the petitioner. It is the case of the
petitioner that the certificate of the SET has not been issued to
the petitioner on the ground that, the Postgraduate degree
obtained by the petitioner from the Dakshina Bharat Hindi
Prachar Sabha is not recognized. This writ petition is submitted
by the petitioner in such circumstances seeking the following
reliefs:
i) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the 2 nd respondent to
issue certificate of Ext.P3 to the petitioner.
ii) Issue such other writ, order or direction as this
Hon'ble Court deems fit and proper in the nature and
circumstances of the case.
3. Heard Sri.Sachithananda Pai, theblearned counsel for
the petitioner, Sri.Premchand R.Nair, the learned Government
Pleader and Sri.S.Krishnamoorthy, the learned Standing Counsel
for the 4th respondent.
4. The specific contention put forward by the learned
counsel for the petitioner is by placing reliance on Ext.P4, which
is a public notice issued by the 4 th respondent, wherein it has
been mentioned that, as per Section 22(1) of the UGC Act, 1956,
the Dakshina Bharat Hindi Prachar Sabha is one of the
institutions for the purpose of conferring or granting degrees as
specified by the Commission. Therefore, it was clearly specified
that the degrees awarded by the said Sabha can be recognized
for all purposes including higher education and employment.
5. The learned standing counsel appearing for the 4 th
respondent reiterated that the degree obtained by the petitioner
is a recognized one for all practical purposes. In the light of
Ext.P4 public notice published by the 4 th respondent and also the
stand taken by the 4 th respondent in this case, I am of the view
that the petitioner is entitled to succeed, as she is eligible to get
the certificate of the SET issued to her.
In such circumstances, this writ petition is disposed of
directing the 2nd respondent to issue a certificate of SET to the
petitioner, treating the postgraduate degree of the petitioner, as
evidenced by Ext.P2, obtained from the Dakshina Bharat Hindi
Prachar Sabha, as a recognized and valid qualification. The
certificate in this regard shall be issued by the 2 nd respondent
within a period of one month from the date of receipt of a copy of
this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/31.5.24
APPENDIX OF WP(C) 2867/2024
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE CERTIFICATE IN DIPLOMA IN
LANGUAGE EDUCATION ISSUED TO THE
PETITIONER.
Exhibit P2 COPY OF THE CERTIFICATE OF MASTER OF
ARTS ISSUED BY DAKISHNA BHARAT HINDI
PRACHAR SABHA TO THE PETITIONER
Exhibit P3 RESULT OF THE PETITIONER OF THE STATE
ELIGIBILITY TEST PUBLISHED ON 29.01.2022
Exhibit P4 PUBLIC NOTICE DATED 05.08.2021 OF THE
4TH RESPONDENT
