Allowed

Preetha T v. University of Kerala

Kerala HC12 Oct 2020WP(C)/29990/2019

Case brief

AI extract

What is this about?

The petitioner sought a writ to ensure her admission to an M.Ed. course, challenging the University of Kerala's refusal based on the alleged non-equivalence of her IGNOU B.Ed degree. The Court noted Government Orders and University regulations listed IGNOU B.Ed as equivalent, rejecting the University's claim of non-equivalence and allowing the petition. The Court noted a previous order allowing pr

What did the court decide?

Petitioner allowed to continue studies and proceed with M.Ed course; result of examination to be declared.

Preetha T Vs University of Kerala — Education and Admissions | Kerala HC (2020)

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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 AMIT RAWAL

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MONDAY, THE 12TH DAY OF OCTOBER 2020 / 20TH ASWINA, 1942

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WP(C).No.29990 OF 2019(W)

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PETITIONER/S:

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PREETHA T AGED 40 YEARS W/O.S.A.CLEETUS, M.ED STUDENT, BUDHA COLLEGE OF TEACHER EDUCATION, MUTHUKULAM P.O., KAYAMKULAM, ALAPPUZHA DISTRICT-690 506, RESIDING AT SHALOM, ERUVA (EAST) P.O., KAYAMKULAM, ALAPPUZHA-690 572.

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BY ADVS. SRI.C.V.MANUVILSAN SMT.K.VIDYA SMT.SREELEKSHMI SANALKUMAR SRI.O.A.ANJU SHRI. SYAM JESAN

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RESPONDENT/S:

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1 UNIVERSITY OF KERALA PALAYAM, THIRUVANANTHAPURAM-695 034, REPRESENTED BY THE REGISTRAR.

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2 THE VICE CHANCELLOR, UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPOURAM-695 034.

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3 THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPOURAM695 034.

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4 BUDHA COLLEGE OF TEACHER EDUCATION, MUTHUKULAM P.O., KAYAMKULAM, ALAPPUZHA DISTRICT-690 506.

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5 INDIRA GANDHI NATIONAL OPEN UNIERSITY, MAIDAN GARHI, NEW DELHI-110 068.

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6 INDIRA GANDHI NATIONAL OPEN UNIVERSITY, REGIONAL CENTRE, KALOOR, KADAVANTHARA ROAD, KALOOR, KOCHI, KERALA-682 017.

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WP(C).No.29990 OF 2019(W)

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7 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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R1-3 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

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R5-6 BY ADV. SRI.K.MOHANAKANNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.9.2020, THE COURT ON 12-10-2020 DELIVERED THE FOLLOWING:

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WP(C).No.29990 OF 2019(W)

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JUDGMENT

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Dated this the 12^th day of October 2020

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The petitioner through the instant writ petition has sought the intervention of this Court regarding the purported action of the University denying her admission in M.Ed course on the premise that the petitioner's B.Ed degree from Indira Gandhi National Open University (IGNOU) is not equivalent for pursuing the M.Ed course under Kerala University.

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In support of the aforementioned grievance, it has been averred that the petitioner has passed the State Eligibility Test (SET) and secured the Certificate in the year 2011 vide Certificate No.329, issued by the Directorate of Higher Secondary Education, Government of Kerala, Ext.P1, which is stated to be Eligibility criteria for the post of Higher Secondary School Teacher (H.S.S.T) and an equivalent qualification of M.Ed., for Higher Secondary Promotion. Petitioner secured B.Ed. Certificate from IGNOU in the year 2012 dated 3.2.2012, Ext.P2. Vide

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WP(C).No.29990 OF 2019(W)

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Ext.P3 dated 28.6.2019 University of Kerala certified that the B.Ed certificate from IGNOU is recognized by Kerala University for the purpose of M.Ed. course. The petitioner is now under leave without pay and allowances to pursue M.Ed course in the academic year 2019-2021 at 4th respondent, Budha College of Teacher Education, Muthukulam, Alappuzha District, affiliated to the University of Kerala and recognized by the National Council of Teacher Education, NCTE. The petitioner was informed by the 4th respondent that her admission to the M.Ed course would be cancelled as her B.Ed certificate from IGNOU is not recognized/equivalent. Faced with the situation, the petitioner submitted a representation before the 1st respondent, University of Kerala dated 30.9.2019, Ext.P4 and also furnished a copy of the Government Order dated 13.11.2018, Ext.P5 clearing all the doubts with regard to the recognition of the degrees of other Universities.

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Learned counsel appearing on behalf of the petitioner submits that non issuance of hall-ticket to the

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petitioner despite holding all required eligibility is not only unjust, unfair but unreasonable and irrational as Ext.P5 dated 13.11.2018, Government Order of Addl. Secretary, Department of Higher Education, particularly, clause 7 and 8 clearly removes all doubts, if at all any, in the alleged confusion. Petitioner had paid the required tuition fee of Rs.13,000/-. Attention of this Court was drawn to Ext.P7 regulations of University of Kerala relation to recognition of examinations and degrees of other Universities which include the B.Ed degree of IGNOU. Vide Ext.P9, Prospectus for admission to the M.Ed degree Course 201820 (Two Year Programme) also reflect that the B.Ed degree of IGNOU is recognized by the Kerala University.

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On the other hand, learned counsel on behalf of the respondents 1 to 3 raised the objection qua maintainability of the writ petition on the premise that the question involved in this writ petition is not with regard to the recognition of the degree but its 'Equivalence'. As per amendment No.4 of Regulations, all degrees/Examination taken after regular course of study awarded by Statutory

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Universities/Institutions is recognized as equivalent to the corresponding Degrees/examinations of Universities of Kerala subject to satisfying conditions like adherence to 10+2+3 scheme, approval of the concerned regulatory bodies etc. The petitioner had undertaken a distance education course and therefore the degree awarded is not equivalent. The eligibility certificate has been issued under general format but cannot be treated at par with an equivalent certificate. All affiliated institutions have been instructed to make admission of candidates possessing degrees awarded by institutions other than the University of Kerala only upon production of eligibility certificate. For the purpose of admission to M.Ed Programme, specific equivalence is required. As per M.Ed Regulations (2018 Scheme), candidates seeking admission to M.Ed. Programme must possess a B.Ed degree of the University of Kerala or of any other B.Ed degree recognized as equivalent thereto by the University of Kerala, with a minimum of 55% marks in aggregate. In other words, it was submitted that Principal of the concerned College

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should have verified the eligibility certificate before giving admission to the candidate. The B.Ed degree of IGNOU, New Delhi is ‘Recognized’ but not ‘Equated’ to B.Ed degree of University of Kerala. The Academic council of the University considered the issue of B.Ed degree awarded by IGNOU and consistently maintained that the B.Ed degree of IGNOU can neither be granted specific equivalence nor can be recognized for any specific purpose as the certificate of IGNOU does not specify the subject concerned, whereas degree awarded by the University of Kerala are against specific subjects. IGNOU is a distance education programme and the University of Kerala, as a policy, does not conduct any professional programmes under distance mode. The M.Ed programme of the University of Kerala is a full time regular programme, specifies equivalence with B.Ed in the specific branch and admission shall be granted to students who produce degress from other Universities only on presentation of due Eligibility Certificate a precondition laid upon all Institutional Heads/Principals by the University.

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“Eligibility Certificate” as a nomenclature does not presuppose equivalence and urged this Court for dismissal of the writ petition.

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I have heard the learned counsel for the parties and appraised the paper book. For determining the controversy raised in the present writ petition, it would be apt to extract certain paragraphs of the Annexures as well as the eligibility certificate. Ext.P3 is a certificate of eligibility dated 28.6.2019 issued by the University of Kerala. The relevant portion of the same is read as under:

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“CERTIFIED that the B.Ed. Degree of the Indira Gandhi National Open University, New Delhi is recognized by the University of Kerala.

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The recognition of the Degree/Examination does not preclude the eligibility conditions prescribed in the regulations for admission to higher studies or for employment.”

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Order of 13^th November 2018 issued by the

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Higher Education (B) Department, pertains to norms and guidelines where clause 7 and 8 are relevant for adjudication, as it specifies that

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Universities/HEIs/Employment Agencies/Employers shall approve/ recognize Degrees acquired through Open and

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Distance Learning complying with the latest University Grants Commission Open and Distance Learning Regulations. Similarly, Equivalency/Recognition of

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Degrees acquired through Open and Distance Learning before the promulgation of the UGC Open and Distance Learning Regulations, 2017 shall be decided by the University concerned.

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There is no rebuttal to the aforementioned notification in any of the paragraph of the counter. It is settled law that specific pleadings in the corresponding paragraph of the writ petition, if not denied, are deemed to be admitted. In order to overcome the alleged objection in the counter, the petitioner through interim application palced on record Ext.P7 regulations, relating to recognition of examinations and degrees of other Universities. Under

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chapter II dealing with Eligibility and Individual Recognition, which mentions that the examination has been recognized by the Academic Council as equivalent to the Examination of this University prescribed as the qualifying examination for admission to the Course or

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registration for Research or Examination concerned. Chapter III prescribes the procedure relating to recognition of examinations, degrees, etc. of other Universities or Authorities, which empowering the Academic Council to decide the examination degrees of the Universities/Authorities. Under Chapter IV, University of Kerala has come out with the list of Universities recognized by University of Kerala where, B.Ed Degree obtained by University of IGNOU is equivalent to B.Ed of University of Kerala and same reads as under:

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INDIRA GANDHI NATIONAL OPEN UNIVERSITY, NEW DELHI

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CORRESPONDING DEGREES

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xxxx xxxxx
xxxx xxxxx
xxxx xxxxx
xxxx xxxxx
B.Ed. B.Ed.
xxxx xxxxx
xxxx xxxxx

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The aforementioned documents when confronted by

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the counsel for the University, could not in law refute. Thus as an upshot of my finding, the stand of University making out a case of non equivalence, viz-a-viz, the eligibility has

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no legs to stand. No material has been placed on record in support of the averments reflecting that the eligibility certificate equivalence of B.Ed degree obtained from IGNOU is not recognized or equivalent to the B.Ed degree of University of Kerala for the purpose of pursuing a Higher course ie., M.Ed.

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For the reason aforementioned, this writ petition is allowed. This Court vide order dated 8.11.2019 had directed the respondents to allow the petitioner to take examination to the M.Ed course by issuing Hall Ticket provisionally subject to further orders from this Court. Since this Court had already permitted the petitioner to take examination of M.Ed course, the result of the same shall be declared and informed to the petitioner. Petitioner shall be permitted to continue for further studies of M.Ed, if not already completed.

Sd/-

AMIT RAWAL

sab

JUDGE

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE PHOTOCOPY OF THE STATE ELIGIBILITY TEST- CERTIFICATE OF THE PETITIONER DATED 30.01.2012.
EXHIBIT P2	A TRUE PHOTOCOPY OF THE B.ED CERTIFICATE DATED 03.02.2012 ISSUED BY THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY.
EXHIBIT P3	A TRUE PHOTOCOPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 28.06.2019.
EXHIBIT P4	A TRUE PHOTOCOPY OF A REPRESENTATION PREFERRED BY THE PETITIONER ON 30.09.2019 BEFORE THE 1ST RESPONDENT, UNIVERSITY OF KERALA WHO ISSUED EXHIBIT P3 ELIGIBILITY CERTIFICATE.
EXHIBIT P5	A TRUE PHOTOCOPY OF THE GOVERNMENT ORDER VIDE G.O.(MS) NO.272/2018/HEDN DATED 13.11.2018 ISSUED BY THE ADDL.SECRETARY, DEPARTMENT OF HIGHER EDUCATION.
EXHIBIT P6	A TRUE PHOTOCOPY OF THE TIME TABLE OF THE 1ST SEMESTER MED (2 YEARS PROGRAMMED-2018 SCHEME REGULAR & SUPPLEMENTARY) DEGREE EXAMINATION, NOVEMBER, 2019 PUBLISHED BY THE 1ST RESPONDENT.
EXHIBIT P7	A TRUE COPY OF THE ABSTRACT AS PER UNIVERSITY OF KERALA REGULATION RELATING TO RECOGNITION OF EXAMINATION AND DEGREES OF OTHER UNIVERSITY
EXHIBIT P8	THE TRUE COPY OF THE PROSPECTUS AND APPLICATION FORM FOR ADMISSION TO BACHELOR DEGREE OF INDIRA GANDHI NATIONAL OPEN UNIVERSITY (IGNOU)
EXHIBIT P9	A TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO M.ED COURSE IN THE KERALA UNIVERSITY

Preetha T v. University of Kerala

Case brief

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Preetha T v. University of Kerala

Case brief

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