Allowed

Rohit Menon v. the Joint Director

Kerala HC13 Dec 2023WP(C)/33565/2023

Case brief

AI extract

What is this about?

This writ petition directed an engineering college to admit the petitioner without insisting on a State equivalency certificate for his NIOS Senior Secondary certificate, as the affiliated University already recognized NIOS qualifications.

What did the court decide?

Direction to admit student without equivalency certificate and forward eligibility documents to the University within one month.

Rohit Menon Vs the Joint Director — Education and Admissions | Kerala HC (2023)

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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 T.R.RAVI

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WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA, 1945

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WP(C) NO. 33565 OF 2023

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PETITIONER:

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ROHIT MENON

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AGED 19 YEARS
S/O ASHOK KUMAR, RESIDING AT 'F 1405, PURVA ETERNITY,
ATHANI, KAKKANAD, ERNAKULAM DISTRICT, PIN – 682030.

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BY ADVS.
JACOB CHACKO
B.V.JOY SANKAR
R.RAJA RAJA VARMA
MATHEWS JOSEPH

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RESPONDENTS:

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1 THE JOINT DIRECTOR OFFICE OF THE DIRECTOR HIGHER SECONDARY DIVISION, HOUSING BOARD, SANTHINAGAR, THIRUVANANANTHAPURAM, PIN – 695001.

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2 NATIONAL INSTITUTE OF OPEN SCHOOLING (NIOS) KSHB BUILIDING, PANAMPILLY NAGAR, KOCHI, REPRESENTED BY REGIONAL DIRECTOR, PIN – 682036.

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3 ABDUL KALAM TECHNICAL UNIVERSITY CET CAMPUS, ALATHARA RD, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA,REPRESENTED BY VICE CHANCELLOR, PIN – 695016.

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4 THE PRINCIPAL

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SCMS SCHOOL OF ENGINEERING AND TECHNOLOGY, VIDYA NAGAR, KARUKUTTY, ERNAKULAM, PIN – 683582.

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5 THE SECRETARY MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF ELEMENTARY EDUCATION AND LITERACY, NEW DELHI, PIN – 110001.

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SMT. NISHA BOSE. SR.GP.

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SRI. ELVIN PETER, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 33565 OF 2023

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C) No.33565 of 2023

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Dated this the 13^th day of December, 2023

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JUDGMENT

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The prayer in the writ petition is for a direction to respondents 3 and 4 to accept Exts.P1 and P2 certificates as qualifying certificate for admission to B.Tech course conducted by the 4^th respondent affiliated to the 3^rd respondent. It is also prayed that Ext.P11 order whereby an equivalency certificate was refused by the 2^nd respondent may be quashed. The 3^rd prayer is for a declaration that the higher secondary course conducted by the 2^nd respondent is eligible for admission to the course conducted by the 4^th respondent affiliated to the 3^rd respondent. The petitioner has taken admission in the 4^th respondent Engineering College for B.Tech course for the year 2023-24 under the NRI quota. The 4^th respondent College has insisted for an equivalency certificate from the 1^st respondent before submitting the certificates to the 3^rd respondent University. The petitioner approached the 1^st respondent for an

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WP(C) NO. 33565 OF 2023

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equivalency certificate, which has been rejected. The petitioner had completed his Senior Secondary School examination from the National Institute of Open Schooling, where he has studied the Science subject along with one language English. Equivalency is denied for the reason that the petitioner has not studied two languages as is required under the State syllabus.

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The DSGI on behalf of the 2^nd respondent has filed a statement, wherein it is stated that the National Institute of Open Schooling is one of the three national level Boards and at par with other national level boards CBSE and ICSE. It is also stated that the Secondary and Senior Secondary certification of NIOS are recognised by the Government of Kerala and all State Boards across India. It is further stated that the Association of Indian Universities has granted equivalence to the courses conducted by the NIOS with those examinations of recognised Boards for purpose of admission to higher studies in the Indian Universities. The Government of India in its Ministry of Human Resource Development through Resolution dated 14.09.1990 vested in NIOS, the authority to examine and certify students

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WP(C) NO. 33565 OF 2023

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upto pre-degree level.

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The 3^rd respondent University recognises NIOS certification for purpose of admission to B.Tech course. In such situation there is no necessity for insistence or an equivalency certificate from the State Government. The right of the student to pursue higher education, for which he is otherwise entitled, cannot be affected by such unnecessary technicalities.

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The writ petition is allowed. There will be a direction to the 4^th respondent to admit the student without insisting on an equivalency certificate and forward the eligibility documents to the 3^rd respondent. The 3^rd respondent on receipt of the documents shall verify if the documents are sufficient for the petitioner to continue the course and grant its approval. Necessary orders shall be issued within one month from today.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 33565 OF 2023

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APPENDIX OF WP(C) 33565/2023

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PETITIONER’S EXHIBITS

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`Exhibit P1`	`TRUE A COPY OF THE MARKS STATEMENT -CUM` `CERTIFICATE OF SENIOR SECONDARY SCHOOL` `EXAMINATION ISSUED BY THE SECOND RESPONDENT` `DATED 20.01.2023 ISSUED BY THE 2ND` `RESPONDENT.`
`Exhibit P2`	`A TRUE COPY OF THE MIGRATION CUM TRANSFER` `ISSUED BY THE SECOND RESPONDENT DATED` `20.01.2023 SUBMITTED TO 4TH RESPONDENT.`
`Exhibit P3`	`A TRUE COPY OF THE ADMISSION SLIP DATED` `05.08.2023 ISSUED BY THE 4TH RESPONDENT.`
`Exhibit P4`	`A TRUE COPY OF THE CERTIFICATE ISSUED TO` `THE PETITIONER BY THE 2ND RESPONDENT DATED` `09.08.2023 WHICH IS SUBMITTED TO 4TH` `RESPONDENT.`
`Exhibit P5`	`A TRUE COPY OF THE PROSPECTUS OF HIGHER` `SECONDARY COURSE CONDUCTED BY SECOND` `RESPONDENT DATED 11.12.2002 ISSUED BY THE` `5TH RESPONDENT WHICH IS SUBMITTED TO 4TH` `RESPONDENT.`
`Exhibit P6`	`A TRUE COPY OF RELEVANT GAZETTE` `NOTIFICATION DATED 12.12.1990 ISSUED BY 5TH` `RESPONDENT WHICH IS SUBMITTED TO 4TH` `RESPONDENT.`
`Exhibit P7`	`A TRUE COPY OF COMMUNICATION ISSUED BY` `ASSOCIATION OF INDIAN UNIVERSITIES TO THE` `2ND RESPONDENT DATED 25.07.1991 WHICH IS` `SUBMITTED TO 4TH RESPONDENT.`
`Exhibit P8`	`A TRUE COPY OF THE NOTIFICATION DATED` `22.02.2019 ISSUED BY THE 2ND RESPONDENT TO` `THE 4TH RESPONDENT.`
`Exhibit P9`	`A TRUE COPY OF THE LETTER DATED 14.09.2012` `ISSUED BY THE MEDICAL COUNSEL OF INDIA` `AFFIRMING THAT CLARIFICATION REGARDING NIOS` `CERTIFICATES.`
`Exhibit P10`	`A TRUE COPY OF THE LETTER DATED 10.07.2015` `ISSUED BY THE PHARMACY COUNSEL OF INDIA` `REGARDING ELIGIBILITY NIOS CERTIFICATES FOR` `PHARMACY COURSES.`

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WP(C) NO. 33565 OF 2023

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Exhibit P11A TRUE COPY OF REJECTION OF THE EQUIVALENCY
CERTIFICATE ISSUED BY THE 1ST RESPONDENT TO
THE PETITIONER DATED 20.09.2023.

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RESPONDENTS’ ANNEXURES

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ANNEXURE R2(A)TRUE COPY OF GO (RT) NO. 1768/2011/G. EDN.
DATED 12/05/2011 ISSUED BY NIOS.

Rohit Menon v. the Joint Director

Case brief

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Rohit Menon v. the Joint Director

Case brief

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