Remanded

Seena M. v. State of Kerala

Kerala HC2 Nov 2016WP(C)/21078/2016

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking declaration that the petitioner, holding an M.Sc in Physiology, is entitled to a pass certificate in SET for Zoology based on an equivalency certificate issued by the University of Calicut. The court directed the Education Department to decide the matter after securing clarification from the University.

What did the court decide?

The writ petition is disposed of. The representation is to be decided by the 1st respondent after clarification from the University and opportunity of hearing within three months.

Seena M. Vs State of Kerala — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938

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WP(C).No. 21078 of 2016 (H)

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PETITIONER(S) :

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SEENA M., W/O. SAGAR V., PUNIYANCODE, M.M.BAZAR P.O, KANNUR- 670 306.

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BY ADVS. SRI.KALEESWARAM RAJ KUM.A.ARUNA

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

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2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695 001.

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3. LAL BEHADUR SASTRI CENTRE FOR SCIENCE & TECHNOLOGY, REPRESENTED BY THE DIRECTOR, LAL BEHADUR SASTRI CENTRE FOR SCIENCE & TECHNOLOGY, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM-695 033.

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4. THE DIRECTOR,

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LAL BEHADUR SASTRI CENTRE FOR SCIENCE & TECHNOLOGY, NANDAVANAM, PALAYAM

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THIRUVANANTHAPURAM-695 033.

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5. UNIVERSITY OF CALICUT, REPRESENTED BY THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., CALICUT-673 635.

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6. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., CALICUT-673 635.

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..2/-

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..2..

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WP(C).No. 21078 of 2016 (H)

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7. VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., CALICUT-673 635.

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R1 & R2 BY SR. GOVERNMENT PLEADER SRI. T.K.ARAVIND KUMAR BABU R3 & R4 BY ADV. SMT.K.K.RAZIYA, S.C R5 TO R7 BY ADV. SRI.P.C.SASIDHARAN, S.C

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 21078 of 2016 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT AWARDING THE PETITIONER M.SC. PHYSIOLOGY DEGREE.

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P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KANNUR UNIVERSITY AWARDING THE PETITIONER BACHELOR OF EDUCATION DEGREE.

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P3 TRUE COPY OF THE PROSPECTUS ISSUED BY THE 1ST RESPONDENT.

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P4 TRUE COPY OF THE COUNTER FOIL ISSUED TO THE PETITIONER.

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P5 TRUE COPY OF THE REPRESENTATION DATED 01.07.2009 FILED BEFORE THE 7TH RESPONDENT.

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P6 TRUE COPY OF THE CERTIFICATE DATED 01.07.2009.

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P7 TRUE COPY OF THE CERTIFICATE DATED 18.03.2016.

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P8 TRUE COPY OF THE REPRESENTATION DATED 05.05.2015 FILED BEFORE THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

SHAJI P. CHALY, J.

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W.P.(C). No.21078 of 2016 ----------------------------------------------Dated this the 2^nd day of November, 2016

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JUDGMENT

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This writ petition is filed by the petitioner seeking to declare that petitioner is entitled to get pass certificate in SET for Zoology and consequential direction to the 2^nd respondent to issue pass certificate in SET, for Zoology to the petitioner and further to declare that as per Exts.P6 and P7 certificates M.Sc Physiology degree awarded by the University of Calicut is equivalent to M.Sc Zoology degree awarded by the same University for the purpose of SET and for other related reliefs.

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Material facts for the disposal of the writ petition are as follows; petitioner is a P.D. Teacher in Government Higher Secondary School, Mathamangalam, Kannur. She appeared for SET examination conducted in the year 2008. Petitioner is a holder of M.Sc Physiology with First Class from the Department of Life Sciences, University of Calicut and B.Ed. in Natural Science from Kannur University, evident from

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W.P.(C). No.21078 of 2016

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Ext.P1 and P2 certificates. As per Note to Clause 3 of Ext.P3, a candidate possessing qualification in subjects other than those mentioned therein need to produce an equivalency certificate from any of the Universities in Kerala. According to the petitioner, petitioner is having Post Graduate Degree in Physiology, which is equivalent to Zoology as per Clause 13 of Ext.P3. Petitioner's application was accepted and Ext.P4 counterfoil was issued. Ext.P4 would show that, petitioner appeared for SET and her roll number was 63390036 and subject was Zoology. It is the contention of the petitioner that, petitioner appeared for the written test and she could secure pass.

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However, there is no pass certificate issued to the petitioner. It is the petitioner's case that, petitioner was made to run asking her to produce equivalency certificate which is no longer required. Anyhow as directed by the 4^th respondent, petitioner approached the 7^th respondent for equivalency certificate, evident from Ext.P5. In Ext.P5, petitioner stated that her certificate is withheld for the reason

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W.P.(C). No.21078 of 2016

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that degree certificate issued by the University does not mention M.Sc Physiology is coming under Life Sciences. Fifth respondent issued Ext.P6 certificate dated 1.7.2009 to the petitioner, wherein it is stated, Physiology is the subject coming under Life Sciences and a holder of M.Sc degree of the University of Calicut in Physiology is to be treated as eligible for SET certificate in Zoology as per the prospects for SET 2008. Petitioner submitted Ext.P6 before respondents 1 to 4 and requested for issuance of pass certificate along with eligibility certificate. However, the same is refused to the petitioner. Thereafter, petitioner continuously approached the respondents but with no result. It is also stated, respondents are objecting the contents of Ext.P6 by stating that, same is only an eligibility certificate and not an equivalency certificate. Therefore, according to the petitioner, respondents 1 and 2 ought to have accepted Ext.P6 certificate and the SET certificate should have been issued to the petitioner. However, in spite of the earnest efforts of the petitioner, the same could not be secured. Consequent to

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W.P.(C). No.21078 of 2016

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which, petitioner submitted Ext.P8 representation dated 5.5.2015 before the 1^st respondent. But it was also not considered and remaining idle with the 1^st respondent. It is in this background seeking appropriate direction this writ petition is filed.

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Respondents 5 to 7 have filed a statement contending that Ext.P6 certificate issued to the petitioner shows that M.Sc Physiology is coming under Life Sciences and the same is not an equivalency certificate to M.Sc Zoology. Later 3^rd respondent sought clarification as to whether M.Sc Physiology is equivalent to M.Sc Zoology or not, and on the said query, it has been clarified to the LBS that, M.Sc Physiology is not equivalent to M.Sc Zoology. That apart it is contended, University has strict norms for equivalency of courses. One of the conditions is that, 65% of the syllabi must be equal for the courses to be declared as equivalent. As per the norms, M.Sc Physiology is not equivalent to M.Sc Zoology of the 5^th respondent University. It is also submitted, recently on a query from the Education Department, University again

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W.P.(C). No.21078 of 2016

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forwarded a clarification on 4.7.2016 that “M.Sc Physiology/Biochemistry/Microbiology are coming under the group of Life Science but are not equivalent to M.Sc in Botany/Zoology, since university has strict norms for granting equivalence.” Petitioner approached the 5^th respondent in March, 2016 for a certificate to show that, M.Sc Physiology is coming under Life Sciences and the same has been granted as per Ext.P7. That apart, it is stated M.Sc Physiology is coming under the field of Life Sciences but not equivalent to M.Sc Zoology. Therefore, it is the contention of the said respondents that, petitioner is not entitled to get any relief as sought for in the writ petition.

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Petitioner has filed a reply to the statement filed by the said respondents contending that, after having issued Ext.P6 certificate, 5^th respondent is estopped from taking a stand that M.Sc Physiology is not equivalent to M.Sc Zoology and therefore, equivalency cannot be issued. Other contentions raised in the statement are denied by the petitioner. Therefore, it is the contention of the petitioner

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W.P.(C). No.21078 of 2016

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that, petitioner is entitled to get the relief sought for in the writ petition .

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Heard learned counsel for petitioner, learned Standing Counsel appearing for respondents 5 to 7, learned Senior Government Pleader and perused the documents on record and the pleadings put forth by the respective parties.

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The issue to be decided in this writ petition centers around Ext.P6 certificate dated 1.7.2009 issued by the 5^th respondent to the petitioner which reads as follows:

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“ UNIVERSITY OF CALICUT

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01.07.2009

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CERTIFICATE

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This is to certify that Microbiology, Biochemistry and Physiology are subjects that come under Life Sciences. Holders of Msc degrees of this University in any of these subjects are to be treated as eligible for SET certificate in Botany or Zoology as per the prospects for SET 2008.

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Sd/REGISTRAR ”

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W.P.(C). No.21078 of 2016

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On a reading of Ext.P6, apart from saying, Microbiology, Biochemistry and Physiology are subjects that come under Life Sciences, it is further stated, holders of M.sc degree of this university in any of these subjects are to be treated as eligible for SET certificate in Botany or Zoology as per the prospects for SET 2008. Petitioner is a Post Graduate in Physiology. She appeared for SET exam choosing her subject as Zoology. There is no dispute in that. Both Physiology and Zoology come under Life Sciences. The thrust of the dispute raised by respondents 5 to 7 is that, the same cannot be treated as equivalent. The said argument could have been countenanced and accepted if the certificate was contained with the first limb. However the second limb shows that the subjects specified in the first limb are to be treated as eligible for SET certificate in Botany or Zoology as per the prospects for SET 2008.

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On a perusal of Ext.P3 prospects and a reference to Clause 3 therein would show, 39 subjects are prescribed for

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W.P.(C). No.21078 of 2016

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SET, however Physiology is not included. But a note provided thereunder reads as follows:

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“Note: Candidates possessing qualification in the subjects other than those mentioned above should furnish an Equivalency Certificate obtained from any one of the Universities in Kerala. In the absence of these certificates the application will be rejected summarily .”

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Therefore, going by the prospects itself, a candidate holding post graduate degree other than those subjects mentioned under clause 3 should furnish an equivalency certificate secured from any one of the Universities in Kerala to the effect that the Post Graduate Degree attained is equivalent to any of those subjects mentioned under Clause 3. So much so, Clause 5.1 which deals with eligibility criteria also takes care of such a situation. According to the petitioner, it is thereupon that on the application submitted by the petitioner, Ext.P6 is issued to the petitioner.

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Taking note of the respective submission made across the Bar, and the stiff resistance put forth by

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W.P.(C). No.21078 of 2016

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respondents 5 to 7 to the effect that Ext.P6 is not an equivalency certificate but only an eligibility certificate, I think a clarification from the 5^th respondent University is required since I find Ext.P6 is a contradictory document to the statements made by respondents 5 to 7 in this writ petition.

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In that view of the matter, I am of the considered opinion, Ext.P8 representation submitted by the petitioner before the 1^st respondent seeking issuance of SET certificate as per Ext.P8, can be directed to be disposed of, after securing necessary clarification from the 5^th respondent in respect of Ext.P6 certificate issued by the 5^th respondent dated 1.7.2009. A decision shall be finally taken by the 1^st respondent after providing an opportunity of hearing to the petitioner, within three months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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Sd/-

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smv 03.11.2016

Seena M. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Seena M. v. State of Kerala

Case brief

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What did the court decide?

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