Kerala High Court

Anu Alphonsa Augustine vs Kerala Agricultural University on 24 June, 2025

Author: D. K. Singh

Bench: D. K. Singh

                                                           2025:KER:45390
WP(C) NO. 1950 OF 2025

                                    1
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE D. K. SINGH

         TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947

                         WP(C) NO. 1950 OF 2025


PETITIONER/S:

            ANU ALPHONSA AUGUSTINE
            AGED 30 YEARS
            D/O AUGUSTINE C.T, CHERADIYIL, THOMATTUCHAL, VADUVANCHAL
            P.O, WAYANAD DISTRICT, PIN - 673581


            BY ADVS.
            SRI.JOSEPH GEORGE
            SHRI.P.A.REJIMON
            SMT.NIKITA NAIR C.S.
            SHRI.VIVEKJOS PUTHUKULANGARA
            SHRI.SAJEEV JOHN T.
            SMT.MAHIMA MERINE REJI




RESPONDENT/S:

     1      KERALA AGRICULTURAL UNIVERSITY
            REPRESENTED BY ITS REGISTRAR, KAU MAIN CAMPUS, MANNUTHI,
            VELLANIKKARA KAU P.O, THRISSUR, PIN - 680656

     2      THE REGISTRAR
            KERALA AGRICULTURAL UNIVERSITY, KAU MAIN CAMPUS, MANNUTHI,
            VELLANIKKARA KAU P.O, THRISSUR, PIN - 680656

     3      THE ASSOCIATE DIRECTOR
            KERALA AGRICULTURAL UNIVERSITY, REGIONAL AGRICULTURAL
            RESEARCH STATION, PILICODE P.O, KASARGOD, PIN - 671310

     4      INDIAN COUNCIL OF AGRICULTURAL RESEARCH (ICAR),
                                                                2025:KER:45390
WP(C) NO. 1950 OF 2025

                                    2
            REPRESENTED BY DIRECTOR GENERAL (ICAR), KRISHI BHAVAN, NEW
            DELHI PIN-110001

     5      STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
            HIGHER EDUCATION, GOVERNMENT SECRETARIATE,
            THIRUVANANTHAPURAM PIN-695001.ADDL R4 & ADDL R5 ARE
            IMPLEADED AS PER THE ORDER DATED 14/02/2025 IN I.A NO
            1/2025 IN WP(C)1950/2025

     6      THE UNIVERSITY GRANTS COMMISSION (UGC) ( SOUGHT TO BE
            IMPLEADED )
            REPRESENTED BY ITS SECRETARY, BAHADURSHAH ZAFAR MARG,NEW
            DELHI ( SOUGHT TO BE IMPLEADED )


            BY ADVS.
            SHRI.M.V.ANANDAN
            SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
            SRI.S.KRISHNAMOORTHY
            SMT.I.SHEELA DEVI



     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
24.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                       2025:KER:45390
WP(C) NO. 1950 OF 2025

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                            JUDGMENT

The petitioner has obtained a Master's Degree in Agronomy

(M.Sc-Agronomy) from Hemwati Nandan Bahuguna Garhwal

University (A Central University), Sree Nagar, Uttarakhand.

Initially, this university was established by the Uttar Pradesh State

Government under the provisions of the Uttar Pradesh State

Universities Act, 1973. However, by an Act of Parliament i.e., the

Central Universities Act 2009, the said university got converted

into Central University on 15.01.2009.

2.The petitioner has obtained her Master's Degree in

Agronomy after the said University became the Central University,

i.e., in the year 2021.

3.The petitioner has applied for the post of Assistant

Professor in the department of Agronomy in the Kerala

Agricultural University (KAU) in pursuance of the applications

invited by the said University for the appointment of Assistant

Professor from the eligible candidates. The petitioner was selected 2025:KER:45390 WP(C) NO. 1950 OF 2025

for the said post in pursuance of the selection conducted on

12.12.2024. The petitioner approached the University to join the

duty, in pursuance to the selection made, and her certificates were

verified. However, she was not permitted to join duty as she was

directed to produce an equivalency certificate of M.Sc- Agronomy

secured from the Hemwati Nandan Bahuguna Garhwal University

(A Central University), Sree Nagar, Uttarakhand.

4.The learned counsel for the petitioner submits that the

petitioner has obtained her degree in Agronomy from Central

University, and no equivalency certificate for her degree in M.Sc

Agronomy is required from a State University.

5.The learned counsel for the ICAR as well as the University

Grants Commission (UGC) submit that a degree obtained from a

Central University does not require an equivalency certificate

from any other University.

6.Heard Mr. Joseph George, the learned counsel for the

petitioner, Adv. I, Sheela Devi for the 4th respondent, Mr. S.

Krishnamoorthy for the 6th respondent and Adv. M.V Anandan for 2025:KER:45390 WP(C) NO. 1950 OF 2025

respondents No.1,2 and 3.

7.A similar view has been taken by this court in respect of the

degrees granted by IGNOU, and this court unequivocally has held

that no equivalency certificate is required for a degree obtained

from the National Institutions, such as like Indian Institutes of

Technology (IITs), Indian Institute of Science (IISs), National

Institutes of Technology (NITs), Indian Institutes of Science

Education and Research (IISERs) or other institutions recognized

by UGC.

8.This court in the case of Harisankar S v. State of Kerala

[2025 KHC OnLine 637] in paragraphs 5 and 6 would read as

under :-

"5. I have considered the submissions advanced by the learned Standing Counsel for the 2nd respondent and the learned Government Pleader but find little substance in these arguments. The IGNOU is a University of National importance established by the Central Government to offer open studies through correspondence for the first time in the University system and also it offers regular courses. The Central University is recognized by the University Grants Commission (UGC) and its courses are approved by the UGC. If the courses approved by the UGC offered by a Central University are required to have the equivalence certificate from the State University, it would be the end of the education system.

2025:KER:45390 WP(C) NO. 1950 OF 2025

6. Even the State Government has understood this aspect and, therefore, vide the Government Order; G.O.(Ms) No. 272/2018/HEDN dated 13.11.2018 in Exhibit P-6 it has been clarified that no equivalency/recognition shall be insisted upon for degrees obtained from National Institute like Indian Institutes of Technology (IITs), Indian Institute of Science (IISs), National Institutes of Technology (NITs), Indian Institutes of Science Education and Research (IISERs) or other institutions recognized by UGC. Despite this understanding of the State Government itself, insistence upon the equivalence certificate is wholly unjustified and such clauses in the prospectus run contrary to the Government Order in Exhibit P-6 dated 13.11.2018 as well as the National Education Policy and it is declared as ultra vires of the University Grants Commission Act, 1956 and Regulations framed thereunder. No insistence for equivalence certificate can be made in respect of the Degrees obtained from the National Institutions such as National Institute like Indian Institutes of Technology (IITs), Indian Institute of Science (IISs), National Institutes of Technology (NITs), Indian Institutes of Science Education and Research (IISERs) or other institutions recognized by UGC."

Thus, the issue involved in this writ petition is already

covered by the judgment of this court in Harisankar S(supra)

therefore, the present writ petition is allowed. It is declared that

no equivalency certificate is required to be produced by the

petitioner for her degree in M.Sc Agronomy, obtained by her from

the Hemwati Nandan Bahuguna Garhwal University (A Central

University), Sree Nagar, Uttarakhand. The KAU is directed not to

insist upon an equivalency certificate and to treat the petitioner's 2025:KER:45390 WP(C) NO. 1950 OF 2025

degree in M.Sc Agronomy obtained from Hemwati Nandan

Bahuguna Garhwal University (A Central University), Sree Nagar,

Uttarakhand as a valid degree in M.Sc. Agronomy.

In view thereof, the present writ petition is allowed.

Sd/-

D. K. SINGH JUDGE SJ 2025:KER:45390 WP(C) NO. 1950 OF 2025

PETITIONER EXHIBITS

Exhibit P-1 TRUE PHOTOCOPY OF DEGREE CERTIFICATE DATED 16- 02-2021 ISSUED BY HEMWATI NANDAN BAHUGUNA GARHWAL UNIVERSITY (A CENTRAL UNIVERSITY) SREE NAGAR, UTTARAKHAND Exhibit P-2 TRUE PHOTOCOPY OF NOTIFICATION NO: B1-4376/2024 DATED 22-11-2024 OF KERALA AGRICULTURAL UNIVERSITY REGIONAL AGRICULTURAL RESEARCH STATION PILICODE Exhibit P-3 TRUE PHOTOCOPY OF RANK LIST NO:B1-4376/2024 (XII) DATED 16-12-2024 Exhibit P-4 TRUE PHOTOCOPY OF G.O (MS) NO: 272/2018 HEDN DATED THIRUVANANTHAPURAM 13-11-2018 RESPONDENT EXHIBITS

Exhibit R2(a) A true copy of the order no. B1- 4376/2024 dated 27.01.2025