Dismissed

Dilsha P.M v. State of Kerala

Kerala HC18 Aug 2016WP(C)/4309/2013

Case brief

AI extract

What is this about?

Petitioners challenged universities denying equivalency certificates for Diploma in Computer Application and Business Management, claiming equivalence to BBA based on a Government Order and past precedents. The Court held the Government Order applied only to government posts and Universities can deny equivalence based on curriculum differences.

What did the court decide?

Writ petitions dismissed; no direction to University or State to issue equivalency certificate.

Dilsha P.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 A.M.SHAFFIQUE

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THURSDAY, THE 18TH DAY OF AUGUST 2016/27TH SRAVANA, 1938

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WP(C).No. 4309 of 2013 (K)

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PETITIONER(S):

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1. DILSHA P.M., 'BINDU NIVAS', P.O. KADIRUR, KANNUR-670 642.

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2. DEEPA V.P., AALULLATHL PARAMBATH HOUSE, MOOZHIKKARA, KANNUR - 670 103.

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3. VIPINA M., KUNHIPARAMBATH HOUSE, P.O.KADIRUR, KANNUR - 670 642.

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4. SOORYA M., MANAPPOYIL HOUSE, P.O. KAPPAD, KANNUR-670 006.

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5. VIBISHA N., NIRAPPIL HOUSE, KANNAVAM P.O., KANNUR-670 650.

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BY ADV. SRI.KALEESWARAM RAJ

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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. CONTROLLER OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM- 695 001.

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3. JOINT CONTROLLER OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM- 695 001.

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4. KANNUR UNIVERSITY, REPRESENTED BY THE REGISTRAR, KANNUR UNIVERSITY, KANNUR-670 001.

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WP(C).No. 4309 of 2013 (K)

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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. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM -686 560.

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7. COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, REPRESENTED BY THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN UNIVERSITY P.O., KOCHI - 682 022.

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8. KERALA UNIVERSITY, REPRESENTED BY THE REGISTRAR, KERALA UNIVERSITY, THIRUVANANTHAPURAM - 695 001.

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R1 TO R3 BY GOVT. PLEADER SMT.LILLY K.T. R4 BY ADVS. SRI.VIJU THOMAS, SC, SRI.V.A.MUHAMMED, SC. R5 BY ADV. SRI.SANTHOSH MATHEW, SC. R6 BY ADVS. DR.P.LEELAKRISHNAN, SC, SRI.VARUGHESE M.EASO, SC. R7 BY ADVS. SRI.P.M.A.KALAM,SC, SRI.MILLU DANDAPANI, SC. R8 BY ADVS. SRI.GEORGE POONTHOTTAM, SC. SRI.BECHU KURIAN THOMAS, SC.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-08-2016, ALONG WITH WP(C).NO.3694 OF 2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 4309 of 2013 (K)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1 COPY OF THE CERTIFICATE DATED 03/03/2010 AND MARK LIST DATED 02/03/2010 OF THE 1ST PETITIONER.

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EXT.P2 COPY OF THE CERTIFICATE DATED 11/08/2009 AND MARK LIST DATED 11/08/2009 OF THE 2ND PETITIONER.

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EXT.P3 COPY OF THE CERTIFICATE DATED 28/10/2009 AND MARK LIST DATED 28/10/2009 OF THE 3RD RESPONDENT.

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EXT.P4 COPY OF THE CERTIFICATE DATED 16/12/2011 AND MARK LIST DATED 16/12/2011 OF THE 4TH RESPONDENT.

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EXT.P5 COPY OF THE CERTIFICATE DATED 16/12/2009 AND MARK LIST DATED 16/12/2009 OF THE 5TH PETITIONER.

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EXT.P6 COPY OF THE CERTIFICATE DATED 18/05/2009 ISSUED TO SMT.RASIYA V.P.

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EXT.P7 COPY OF THE APPLICATION DATED 11/05/2012 SUBMITTED BY PETITIONER NO.1.

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EXT.P8 COPY OF THE APPLICATION DATED 20/07/2012 SUBMITTED BY PETITIONER NO.1.

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EXT.P9 COPY OF THE ORDER DATED 11/08/1997 ISSUED BY THE UNIVERSITY OF CALICUT.

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EXT.P10 COPY OF THE NEWS REPORT WHICH APPEARED IN MALAYALA MANORAMA DAILY DATED 09/10/2012.

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EXT.P11 COPY OF THE ORDER DATED 26/04/2007.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

A.M. SHAFFIQUE, J.

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W.P.(C).Nos.4309 of 2013 & 3694 of 2014 --------------------------------------------------------Dated this, the 18^th day of August, 2016

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J U D G M E N T

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The petitioners challenge the action initiated by the Calicut and Kannur Universities in declining the grant of equivalency certificate for Diploma in Computer Application and Business Management Courses undertaken by the petitioners from the Kerala University. They claim equivalence to Bachelor of Business Administration Degree. According to the petitioners, in earlier instances the Calicut University as well as the Kannur University had granted such equivalence. That apart, the Government as per Government Order dated 22.09.2012 had treated Diploma holders in CABM to the posts of Government/Public Sector Undertakings/Cooperative Sector where other Diploma holders and BBA holders are considered. In the light of the said Government Order, the Universities ought to have granted equivalence for the aforesaid courses as stated therein. Petitioners, therefore, seek for direction to the 1^st respondent State of Kerala to issue executive orders holding that the Diploma in Computer Application and Business Management obtained by the petitioners are equivalent to BBA/B.Com Degree issued by the respective Universities and such other competent bodies and for a direction to the Universities to issue equivalency certificate to the petitioners holding that the certificates possessed by them is equivalent to BBA/B.Com Degree.

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W.P.(C).Nos.4309 of 2013 & 3694 of 2014

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According to the petitioners, when the Government had taken a view in terms of Government Order dated 22.09.2012 and earlier also similar certificates have been issued by the Calicut University, there was no reason for the University to have denied equivalence to the above courses by issuing Ext.P7 dated 14.01.2010 by the University of Calicut and Ext.P8 dated 26.04.2007 issued by the Kannur University.

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Counter/statements have been filed by the Universities inter alia stating that University can grant equivalence with reference to courses only if the said courses are available in the said University. As far as the Cochin University of Science and Technology is concerned, it is submitted that they don't have similar courses and therefore, the question of equivalence being issued by the said University does not arise at all.

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As far as the Kerala University, MG University, Calicut University and Kannur University are concerned, it is submitted that the equivalence has to be considered by the Academic Council. It is submitted on behalf of the Calicut and Kannur Universities that equivalence was granted earlier but later the Academic Council had considered whether these two courses are equivalent and it was found that the courses are not equivalent. It is in the said circumstances that orders had been issued by the Kannur University on 26.04.2007 (Ext.P8) and the Calicut University on 14.01.2010 (Ext.P7). Of course, earlier there might be instances where

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W.P.(C).Nos.4309 of 2013 & 3694 of 2014 3

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equivalence had been granted, but when the academic council had reconsidered the entire issue and decided not to grant equivalence, the petitioners cannot insist that the Universities should grant equivalence for the said courses.

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Having regard to the aforesaid submissions, the first question to be considered is whether the Universities are bound by the Government Order dated 22.09.2012. The said Government Order reads as under :

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“As per letter read as 1^st paper above, the Senior Joint Director of Technical Education has recommended Government to consider Diploma holders in CABM to the posts in Government/Public Sector Undertaking/Cooperative Sector where other diploma holders and BBA holders are considered.

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Government have examined the matter in detail and order that Diploma in Computer Application and Business Management shall be accepted as an alternative qualification for the Technical posts in Government/Public Sector Undertakings/Co-operative Sector wherein the qualifications are fixed as Diploma/Diploma in Commercial Practice/BBA/B.Com/Graduation.”

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Mere perusal of the said Government Order would indicate that it is issued by the Principal Secretary to Government, Higher Education Department to enable candidates having Diploma in Computer Application and Business Management to be treated as having alternative qualification for the Technical posts in Government/Public Sector Undertakings/Co-operative Sector wherein the qualifications are fixed as Diploma/Diploma in

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W.P.(C).Nos.4309 of 2013 & 3694 of 2014

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Commercial Practice/BBA/B.Com/Graduation. It applies only to such technical posts of Government/Public Sector Undertakings and Cooperative Sectors and cannot have any relationship to the equivalence certificate to be issued by the Universities concerned. That apart, Ext.P6 is not an order which the University is bound to take note off.

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As far as the Universities are concerned, they have to consider whether a particular course is equivalent to another course being conducted by another University or the same University on the basis of the curriculum, the method of teaching, the qualification for undertaking the course, etc. It is pointed out that for the Diploma courses, the basic qualification is SSLC and for a BBA Degree Course it is Pre-Degree or Plus Two. It is also pointed out that the course, syllabus and scheme are entirely different and therefore, the Universities cannot consider these two courses as equivalent.

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Under the above circumstances, I don't think that the petitioners are entitled for any relief as sought for. The writ petitions are, therefore, dismissed.

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Sd/-

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A.M. SHAFFIQUE, JUDGE

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Dilsha P.M v. State of Kerala

Case brief

What is this about?

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Dilsha P.M v. State of Kerala

Case brief

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