Dismissed

Nijila Das C.M. v. Mahatma Gandhi University

Kerala HC1 Mar 2024WA/2239/2023

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a writ appeal seeking an equivalency certificate for a distance-mode MA Journalism degree from Sikkim Manipal University, holding that Supreme Court precedent bars recognition of open and distance learning courses from franchises outside the state, and the course duration differed from the university's own program.

What did the court decide?

Appeal dismissed; application for condonation of delay also dismissed.

Nijila Das C.M. Vs Mahatma Gandhi University — Education and Admissions | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA FRIDAY, THE 1^ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 WA NO. 2239 OF 2023

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AGAINST THE JUDGMENT IN WP(C) NO.27945 OF 2022 OF HIGH COURT OF KERALA

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APPELLANT(S)/PETITIONER:

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NIJILA DAS C.M. AGED 33 YEARS

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W/O DILEEP P, PALATHINGAL HOUSE OTTAPALAM P.O, PALAKKAD-679103., PIN - 679103

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BY ADVS. MUHAMMED YASIL K.I.SAGEER

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RESPONDENTS/RESPONDENTS:

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1 MAHATMA GANDHI UNIVERSITY 1. MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS VICE CHANCELLOR PRIYADARSINI HILLS, ATHIRAMPUZHA KOTTAYAM-686560. (DELETED) IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 25.08.2022 IN IA 1/2022 IN WPC FILING NO. 26880/2022., PIN - 686560

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2 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR PRIYADARSINI HILLS, ATHIRAMPUZHA KOTTAYAM-686560., PIN - 686560

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3 UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFER MARG, NEW DELHI-110001., PIN - 110001

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4 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SHANTHI NAGAR THIRUVANANTHAPURAM - 695001., PIN - 695001

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5 INDIRA GANDHI NATIONAL OPEN UNIVERSITY (IGNOU) REPRESENTED BY ITS REGISTRAR, MAIDAN GARHI, NEW DELHI, PIN - 110068

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OTHER PRESENT:

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SRI SURIN GEORGE IYPE SRI K MOHANAKANNAN SRI S KRISHNAMOORTHY SR GP SRI T K VIPINDAS

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THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA NO. 2239 OF 2023

JUDGMENT

Amit Rawal, J.

Present appeal is directed against the judgment of the Single Bench whereby the claim of the appellant, petitioner for issuance of equivalency certificate for the course Master of Arts course in Journalism and Mass Communication program (distance mode) from Sikkim Manipal University has been rejected.

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The appellant, petitioner completed the aforementioned course in 2013 and had approached the Mahatma Gandhi University for granting equivalency certificate, which was rejected. The grievance of the appellant, petitioner in short was that in the year 2013, there was no restriction either by the UGC or by any authority governing the education programe prohibiting any student to undertake open and distance learning from franchise of the University situated outside the State.

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Learned counsel for the Mahatma Gandhi University and Indira Gandhi National Open University (IGNOU)

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WA NO. 2239 OF 2023

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submitted that the academic council of the University had decided not to grant equivalency certificate to the courses undertaken by the petitioner and the decision is binding in view of the law laid by the Supreme Court in Guru Nanak Dev University v. Sanjay Kumar Katwal and Another (2009(1)SCC 610) . The decision of the Board of Studies had already been reflected in paragraph 4, 5 and 6 of the statement, which has been extracted in the impugned judgment. Even the duration of the course was also not similar and urged this Court for dismissal of the writ appeal.

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We have heard the learned counsel for the parties and appraised the paper book. Supreme Court in Godwin Samraj D.P (Dr.) and Another v. Dr. M. Abdul Salam and Others (2015 (2) KHC 551 (DB) has held that the Open and Distance Learning course from an institutions / franchise of University situated outside the State would not be recognized. Even the circular of 2018 as referred to in the memorandum of appeal ie., 23.2.2018 pertains to granting of recognition of distance education programme within the State but not outside the State. The duration of the course which the appellant/ petitioner had undertaken was also different with regard to the similar courses

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WA NO. 2239 OF 2023

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imparted by the Mahatma Gandhi University. Even the University of Kerala has also not granted equivalency. All these factors weighed in the mind of the Single Bench. No ground for interference is made out. Appeal is dismissed. Consequently, the application for condonation of delay is also dismissed.

Sd/-

AMIT RAWAL JUDGE

sab

Sd/C.S. SUDHA JUDGE

Nijila Das C.M. v. Mahatma Gandhi University

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Nijila Das C.M. v. Mahatma Gandhi University

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