Kerala High Court
Aathika Mariyam Bindu Nowfal vs The University Of Kerala on 24 June, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 2585 OF 2024
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"C.R."
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. 2585 OF 2024
PETITIONER/S:
AATHIKA MARIYAM BINDU NOWFAL
AGED 18 YEARS
D/O NOWFAL SALAM, PATTATHIL HOUSE AYATHIL.P.O, KOLLAM., PIN - 69102
BY ADVS.
SRI.P.M.SANEER
SHRI.TONY GEORGE KANNANTHANAM
SHRI.BIBIN B. THOMAS
RESPONDENT/S:
1 THE UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM .., PIN -
695034
2 THE REGISTRAR
UNIVERSITY OF KERALA, PALAYAM, THRIUVANANTHAPURAM., PIN - 695034
3 THE REGIONAL DIRECTOR
EDEXCEL, 7TH FLOOR, KNOWLEDGE BOULEVARD, A-8(A) SECTOR 62, NOIDA., PIN -
201309
4 ADDL.R4. THE ASSOCIATION OF INDIAN UNIVERSITY
REPRESENTED BY ITS SECRETARY, AIU HOUSE 16, COMRADE INDRAJIT GUPTA MARG,
OPPOSITE NATIONAL BAL BHAVAN, NEAR I.T.O, NEW DELHI, DELHI 110 002. [IS
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IMPLEADED AS PER ORDER DATED 09.06.2025 IN I.A.1/2025 IN WP(C)2585/2024].
5 ADDL.R5. THE UNIVERSITY GRANTS COMMISSION
(UGC), BHAHADUR SHAH ZAFAR MARG, NEW DELHI 110 002. [IS IMPLEADED AS PER
ORDER DATED 09.06.2025 IN WP(C)2585/2024].
BY ADVS.
SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
SHRI.S.KRISHNAMOORTHY, SC, S.KRISHNAMOORTHY, SC, UNIVERSITY GRANTS
COMMISSION - UGC
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 24.06.2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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JUDGMENT
"C.R."
The petitioner is a student who completed her schooling (+2) from
Peace Public School, Kollam. The School is recognised by the parent
body of Edexcel in the United Kingdom (U.K.), which issues educational
course certificates. It is further submitted that the examinations
conducted after the said course (Pearson International Advanced Level)
are recognised by the Association of Indian Universities (AIU) and other
Universities in Kerala.
2. The petitioner joined S N College for Women, Kollam, for her
Degree Course (B.A. Literature). But, the University of Kerala/ 2nd
respondent is not registering her admission, and thereby the petitioner
apprehends that she may not be permitted to appear for her university
examinations.
3. The petitioner has filed the present writ petition for a
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direction to the respondent University to recognise the petitioner's
certificate in Ext.P4 as equivalent to +2 of the Indian Boards, giving
access to Degree Programs in the University.
4. The learned Counsel for the respondent University submits
that the courses recognised by the University of Kerala for admission in
Degree course are IGCSE, GCE 'O' level and 'A' level examination of
Edexcel conducted in India based on the recognition of Higher
Secondary Education of Kerala. However, the course title in the
certificate of the petitioner is 'International Advanced Level' Examination
of Edexcel, which is not a recognised course of higher studies under the
University. Granting recognition of 'International Advanced Level'
examinations of Edexcel by the University is subject to the approval of
the Academic Council of the University of Kerala, based on the remarks
from the Higher Secondary Directorate. The Higher Secondary
Directorate has not provided any reply on the recognition status of the
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course studied by the petitioner.
5. The learned Counsel for the petitioner submits that the
petitioner had initially completed her 10th standard under the CBSE
stream and thereafter 5 Advanced Level passes from Edexcel. The
Edexcel "Pearson" had issued her the mark/grade score for her
examination conducted in January 2023, and a formal notification has
been issued. Thereafter, a fresh certificate was issued certifying that
the petitioner had appeared and passed the Edexcel International
Advanced Level (A-level) examination.
5.1 Further, it is submitted that the Association of Indian
Universities has already certified that the qualification acquired by the
petitioner is equated with the +2 of the Central Board of Secondary
Education (CBSE), which is evident from the Ext.P4 Equivalence
Certificate issued by the Association of Indian Universities dated
08.08.2023, which reads as under:
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"EQUIVALENCE CERTIFICATE
NAME MR./MS. : AATHIKA MARIAM BINDH NOWFAL
SCHOOL LEVEL : 12th
SCHOOL/BOARD NAME : Secondary School Certificate Examination
and Advanced' Level
AWARDING : Central Board of Secondary Education, Delhi
UNIVERSITY/INSTITUTE & Edexcel (Pearson) UK
SCORE/GRADE : As Shown on the Academic Transcript
EVALUATION OF EDUCATIONAL CREDENTIALS
AATHIKA MARIAM BINDH NOWFAL has passed 10 Year Secondary School
Certificate Examination from Central Board of Secondary Education, Delhi and has
also obtained 5(FIVE) 'Advanced Level Passes from Edexcel, an approved British
Examining Body in UK this qualification is EQUATED with 12 Year Senior School
Certificate of Central Board of Secondary Education, Delhi/Other Boards in India.
(THE ORIGINAL CERTIFICATES AND SUBJECT-WISE ELIGIBILITY WILL BE VERIFIED
BY THE ADMISSION GIVING UNIVERSITY/INSTITUTE)
5.2 Furthermore, no further equivalence is required from any
other authority in view of the equivalence granted by the Association of
Indian Universities.
6. The learned Counsel for the Association of Indian Universities
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has also supported the contention of the petitioner.
7. The learned Counsel appearing for the University Grants
Commission has submitted that the issue is no longer res integra since the
said issue is comprehensively decided by the Division Bench of this Court
in University Grants Commission v. Anand J Illickan1, in which it has been
held that the Association of Indian Universities is a body which is
entitled to declare equivalence for appearing in NET Examination, which
is contemplated in the notification issued by the University of Grants
Commission. The authority of the Association of Indian Universities to
grant Equivalence Certificate is statutorily recognised by the UGC
Regulations on Minimum Qualifications for Appointment of Teachers
and Other Academic Staff in Universities and Colleges and measures for
the Maintenance of Standards in Higher Education. The submission is
that once the Association of Indian Universities recognises a
2015 (3) KLT SN 20
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qualification to be equivalent, there is no further requirement for an
Equivalence Certificate from any other authority.
8. I have considered the submissions advanced on behalf of the
parties and perused the records.
9. The respondent University has not disputed the Equivalence
Certificate in Ext.P4 granted by the Association of Indian Universities in
respect of the petitioner's certificate to be equivalent to a 2-year Senior
School Certificate of the Central Board of Secondary Education. In view
of the judgment of the Division Bench of this Court in University Grants
Commission v. Anand J Illickan, the Equivalence Certificate granted by
the Association of Indian Universities is sufficient for the qualification
for admission to a bachelor's degree. Paragraph 45, which is the
concluding paragraph of the said judgment, is extracted hereunder:
"45. From the discussions as above, the following conclusions are arrived
at:
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I. The Association of Indian Universities is a body, which is entitled to
declare equivalence for appearing in NET Examination, which is
contemplated in the notification issued by the University Grants
Commission.
II. The authority to grant equivalence by the Association of Indian
Universities is statutory recognised by UGC Regulations on Minimum
Qualifications for Appointment of Teachers and Other Academic Staff in
Universities and Colleges and Measures for the Maintenance of Standards
in Higher Education, 2010.
III. The All India Council for Technical Education has never declared the
Post Graduate Diploma course obtained by the petitioner in the year
1996-98 as equivalent to MBA.
IV. The All India Council for Technical Education having come up with
the case that it accepts the opinion of the Association of Indian
Universities regarding diploma and degree it is not necessary for us to
examine the entitlement of AICTE to grant equivalence of Post Graduate
Diploma any further.
V. The communication issued by the University Grants Commission to
the petitioner, Exhibit P13 as stated above, was in accordance with law
and the petitioner has rightly been declared disqualified to undertake the
NET Examination, 2012, his Post Graduate Diploma (1996-98) have never
been held to be equivalent to MBA Degree. The learned Single Judge in its
judgment has observed that since the Post Graduate Diploma granted to
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the petitioner is recognised by the AICTE, it will be deemed to be
recognised by the UGC cannot be approved. The observation of the
learned Single Judge that when a course is approved by the AICTE, the
question of equivalence from University does not arise in so far as
determination of equivalence of that course is concerned cannot be
approved."
10. Considering the aforesaid facts and the judgment of this
Court, the present writ petition is allowed. The respondent University
is directed to treat the petitioner's Equivalence Certificate issued by the
Association of Indian Universities in Ext.P4 as equivalent to 10 + 2 for
admission to Bachelor's Degree programs of the University. All
Interlocutory Applications as regards interim matters stand closed. No
order as to costs.
Sd/-
D. K. SINGH
JUDGE
jjj
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APPENDIX OF WP(C) 2585/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE PROVISIONAL RESULTS ISSUED TO THE PETITIONER.
Exhibit P2 A COPY OF THE CERTIFICATE DATED 26-7-2023 ISSUED IN THE NAME
OF THE PETITIONER.
Exhibit P3 A COPY OF THE CERTIFICATE DATED 27-7-2023 ISSUED IN THE NAME
OF THE PETITIONER.
Exhibit P4 A COPY OF THE EQUIVALENCE CERTIFICATE NO. AATH07236456 DATED
8-8-2023, ISSUED BY THE AIU.
Exhibit P5 A COPY OF THE LETTER NO.AC.C/ 11951/ 2011 DATED 27-7-2011 ISSUED
BY THE KERALA UNIVERSITY TO THE 3RD RESPONDENT.
Exhibit P6 A COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER.
Exhibit P7 A COPY OF THE MEMO NO.AC.C/077993/2023 DATED 26-7-2023 ISSUED
BY THE UNIVERSITY.
Exhibit P8 A COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE VICE
CHANCELLOR.
Exhibit P9 A COPY OF THE REPLY NO AC.C/47374/2023 DATED 30-11-2023 GIVEN
BY THE UNIVERSITY.
RESPONDENT ANNEXURES
ANNEXURE R1(a) The true copy of the letter No.Ac.C/47374/2023 Aathika Mariyam Bindu
Nowfal dated 07/09/2023
PETITIONER EXHIBITS
Exhibit P10 THE COMMUNICATION NUMBER EF 111/4/2025-2024 DATED 5/03/2024
ISSUED BY THE UNIVERSITY.
RESPONDENT EXHIBITS
EXHIBIT R1(a) THE TRUE COPY OF THE LETTER DATED 30/11/2023
