Disposed

Dia Therese Jose v. University of Kerala

Kerala HC29 Nov 2022WP(C)/6906/2018

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a declaration that her IGNOU Psychology degree is equivalent to the University of Kerala's PG degree. The single-judge bench disposed of the petition by directing the University to consider the equivalence request within two months, following the observations of the Division Bench in Writ Appeal No. 765 of 2021.

What did the court decide?

The University is directed to consider the petitioner's application for equivalency and pass orders within two months, after giving the petitioner an opportunity of hearing.

Dia Therese Jose Vs University of Kerala — Education and Admissions | Kerala HC (2022)

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WP(C) NO. 6906 OF 2018

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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 RAJA VIJAYARAGHAVAN V TUESDAY, THE 29^TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944 WP(C) NO. 6906 OF 2018

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PETITIONER/S:

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DIA THERESE JOSE AGED 33 YEARS D/O. MR.JOSE,RESIDING AT T.C. 66/208(8) H.S NAGAR,THIRUVALLAM, THIRUVANANTHAPURAM.P.O.- 695 027

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BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU KIZHAKKANELA SRI.C.UNNIKRISHNAN KOLLAM

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RESPONDENT/S:

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1 UNIVERSITY OF KERALA REPRESENTED BY THE VICE CHANCELLOR,PALAYAM, THIRUVANANTHAPURAM-34

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2 THE REGISTRAR UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM- 34.

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BY ADV SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6906 OF 2018

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JUDGMENT

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The petitioner has approached this Court seeking a declaration that

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Exhibit P1 certificate issued by Indira Gandhi National Open University is equivalent to the PG degree in Psychology offered by the Kerala University and for a further direction to the respondents to issue a certificate recognizing

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Exhibit P1 certificate as equivalent to PG in Psychology offered by the University of Kerala.

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The petitioner asserts that she has secured about 75% marks in MA Psychology from Indira Gandhi National Open University, New Delhi. She has

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also passed B.Sc Nursing as well as M.Sc Nursing from Dr. NTR University of

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Health Sciences, Vijayawada. The petitioner states that she proposes to appear for the competitive examinations conducted by the Kerala Public Service Commission for the post of Assistant Professor in Psychology in various Government Colleges. However, she was informed that the special rules for the post of Assistant Professor prescribe that the candidate should possess an

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WP(C) NO. 6906 OF 2018

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educational qualification in the nature of a PG in Psychology recognized by any

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of the Universities in the State of Kerala. In the said circumstances, she filed an application requesting the University to issue an equivalency certificate certifying that MA in Psychology is equivalent to the PG degree offered by the respondent University. The petitioner asserts that the Public Information Officer has informed the petitioner that the application for equivalency certificate is under consideration by the academic body of the University. Being aggrieved by

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the delay in consideration of the application, the petitioner is before this Court

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seeking directions.

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A statement has been filed by the University in which paragraphs 6

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and 7 it has stated thus:

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“6. Accordingly, the matter was placed before the annual meeting of the Faculty of Science held on 23.03.2018 and the Faculty recommended not to recognize MA Psychology Degree (Distance) awarded by Indira Gandhi National Open University, New Delhi. The Academic Council at its meeting held on 6th April, 2018 approved the above recommendation. A memo No.Ac.C/026527/2016, dated 18.06.2018, intimating the above decision of the Academic Bodies was sent to the Petitioner.

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WP(C) NO. 6906 OF 2018

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It is humbly submitted that the 1st respondent University is not offering MA/MSC Psychology course in the Distance mode considering the fact that the course warrants a regular mode of imparting education and the subjects “Counselling”, Psychodiagnostics and Testing”, “Training and Practice” etc. are included in the syllabus of the course of this University.”

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The learned counsel appearing for the petitioner points out that the

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Division Bench of this Court, in Judgment dated 22.03.2021 in Writ Appeal No.765 of 2021, after considering the case of a candidate who was similarly

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placed as the petitioner herein, has observed thus in paragraph 47 of the

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judgment:

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“47. Accordingly, we partly allow the appeal filed by the University, vacate the directions contained in the judgment, and consequently, direct the academic council to consider the applications submitted by the writ petitioner in respect of the post graduate M.Sc degree awarded by the IGNOU and the M. Sc Psychology (distance) awarded by the University of Madras, taking into account the proposition of law laid down by the Apex Court and this Court in the judgments referred to above and any others, UGC Regulations, Circulars or orders, and the State Government Order extracted above, at the earliest and at any rate, within two months from the date of receipt of a copy of this judgment, after providing an opportunity of hearing and participation to the writ petitioner.”

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According to the learned counsel, the observations and directions

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WP(C) NO. 6906 OF 2018

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issued by the Division Bench would squarely apply to the case of the petitioner

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herein. It is also submitted that since the University has not taken a decision

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one way or the other, on the application for equivalency certificate submitted by

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the petitioner, she would be satisfied if directions are issued to the University to

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consider her request and to take a decision in the light of the observations and

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directions issued by the Division Bench in Writ Appeal No.765 of 2021.

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I have heard the learned Standing Counsel appearing for the

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University.

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I have considered the submissions advanced.

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Having regard to the facts and circumstances and the submissions made

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across the Bar, this writ petition is disposed of directing the competent among

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the respondents to take up, consider and pass appropriate orders on the

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request made by the petitioner in the light of the observations and directions in

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Writ Appeal No.765 of 2021 rendered by the Division Bench, in so far as it

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applies to the petitioner. Before passing orders, an opportunity of being heard

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shall be extended to the petitioner herein. A decision shall be taken

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WP(C) NO. 6906 OF 2018

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expeditiously, in any event, within two months from the date of receipt of a

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certified copy of this judgment. The petitioner shall produce a copy of the writ

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petition along with the judgment before the competent among the respondents

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to ensure compliance.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 6906 OF 2018

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APPENDIX OF WP(C) 6906/2018

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PETITIONER(S) EXHIBITS :

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EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 13.2.2015 ISSUED BY THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE PROGRAM GUIDE ISSUED BY INDIRA GANDHI NATIONAL OPEN UNIVERSITY REGARDING THE MASTERS DEGREE PROGRAM IN PSYCHOLOGY EXHIBIT P3 A TRUE COPY OF THE UGC REGULATIONS FOR APPOINTMENT TO THE POST OF ASSISTANT PROFESSOR. EXHIBIT P4 A TRUE COPY OF THE LETTER NUMBER 0634/R.T.I 2/2017 DATED 8.9.2017

Dia Therese Jose v. University of Kerala

Case brief

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Dia Therese Jose v. University of Kerala

Case brief

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