Allowed

Sreedev P.S, v. the Deputy Director

Kerala HC1 Nov 2022WP(C)/15992/2022

Case brief

AI extract

What is this about?

The Court allowed the writ petition directing the University of Calicut to consider granting a Certificate of Equivalency for the petitioner's distance education qualification from Annamalai University, subject to conditions regarding the pending judgment of the High Court of Madras on the university's competence.

What did the court decide?

Direct the third respondent to consider the grant of equivalency to the petitioner's certificate based on legal criteria, subject to further orders from the High Court of Madras.

Sreedev P.S, Vs the Deputy Director — Education and Admissions | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

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WP(C) NO. 15992 OF 2022

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PETITIONER:

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SREEDEV P.S, AGED 22 YEARS, S/O. SANTHOSH P.K, RESIDING AT PANACHAYIL HOUSE, NARAYANAMANGALAM, KODUNGALLUR P.O, THRISSUR, KERALA 680 664.

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BY ADV T.H.ARAVIND

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RESPONDENTS:

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1 THE DEPUTY DIRECTOR , DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM 695 033.

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2 THE UNIVERSITY GRANTS COMMISSION (UGC), BAHADUR SHAH ZAFAR MARG, NEW DELHI 110 002.

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3 THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, TIRUR- CALICUT ROAD, THENHIPALAM, KERALA 673 635.

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4 ADDL.R4. LEAD COLLEGE OF MANAGEMENT REPRESENTED BY ITS DIRECTOR, DHONI, PALAKKAD – 678 009 (IMPLEADED AS PER ORDER DATED 01.11.2022 IN I.A.NO.3/2022)

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SRI.S.KRISHNAMOORTHY, CGC SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY SRI.JOSHY THANNICKKAMATTAM-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15992 OF 2022

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JUDGMENT

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It is without doubt – it being admitted – that the issues impelled in this case have already been noticed and answered by this Court in the judgment in W.P.(C) No.16419 of 2022 and connected cases.

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The petitioner seeks that the University of Calicut be directed to issue him a Certificate of Equivalency with respect to the qualification obtained by him from the Annamalai University, which is opposed by the former University saying that the Distance Education Programme of the latter University is not recognised by the University Grants Commission (UGC).

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As I have already said above, in the aforementioned judgment in W.P.(C) No.16419 of 2022 and connected cases, this Court had noticed that the question of competence of the Annamalai University to issue certificates pursuant to Distance Education Course, is still pending consideration of the High Court of Madras; and that a final judgment therein has not been delivered, though interim orders enabling the said University in doing so is in force. On such basis, this Court had granted the reliefs sought for by the petitioner therein, however, subject to the decision of the High Court of Madras.

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WP(C) NO. 15992 OF 2022

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I am certain that the petitioners herein are also entitled to similar reliefs, since the facts involved are analogous.

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In the afore circumstances, I allow this writ petition

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and direct the third respondent to consider the grant of equivalency to Ext.P1 certificate of the petitioner, based on Ext.P2 and P3, if all other legal criteria and qualifications are satisfied, de hors the question whether the UGC has recognised the Annamalai University in issuing the certificates through the Distance Education Programme; however, clarifying that any such certificate to be issued will be subject to further orders from the High Court of Madras in the pending matter.

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Needless to say, I clarify that should the High Court of Madras find against the Annamalai University, the benefits of this judgment will stand withdrawn and the petitioner will not obtain any right - either in law or in equity – to thereafter hold on to the equivalency certificate issued.

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Sd/- DEVAN RAMACHANDRAN

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JUDGE

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stu

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WP(C) NO. 15992 OF 2022

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APPENDIX OF WP(C) 15992/2022

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PETITIONER EXHIBITS

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Exhibit	P1	THE TRUE COPY OF THE PROVISIONAL CERTIFICATE AWARDED BY THE ANNAMALAI UNIVERSITY.
Exhibit	P2	THE TRUE COPY OF THE CONSOLIDATED MARKED LIST ISSUED BY THE ANNAMALAI UNIVERSITY.
Exhibit	P3	THE TRUE COPY OF THE WEBPAGE OF THE THIRD RESPONDENT SHOWING REJECTION OF THE APPLICATION FILED BY THE PETITIONER.
Exhibit	P4	THE TRUE COPY OF THE GAZETTE NOTIFICATION DATED 25.07.2015 ISSUED BY THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT.
Exhibit	P5	THE TRUE COPY OF THE GOVERNMENT ORDER DATED 13.11.2018 ISSUED BY THE GOVT. OF KERALA.
Exhibit	P6	THE TRUE COPY OF THE COMMUNICATION DATED 14.10.2013 ISSUED BY THE UGC.
Exhibit	P7	THE TRUE COPY OF THE PUBLIC NOTICE DATED 23.02.2018 ISSUED BY THE SECOND RESPONDENT.
Exhibit	P8	THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT ON 25.10.2021.
Exhibit	P9	THE TRUE COPY OF THE TIME TABLE PUBLISHED BY THE THIRD RESPONDENT IN ITS OFFICIAL WEBSITE.
RESPONDE	NT EXH	IBITS
Exhibit	R3(a)	TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE UGC DATED 25/03/2022.

Sreedev P.S, v. the Deputy Director

Case brief

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Sreedev P.S, v. the Deputy Director

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