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Josephshandrin vs State Of Kerala

High Court Of Kerala|18 November, 2014
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JUDGMENT / ORDER

The petitioner has obtained Diploma in Engineering Course offered by the State Board of Technical Education and Training, Department of Technical Education, Chennai in the year 2010. This, according to the petitioner, is a two year diploma through lateral entry course recognised by the AICTE. Ext.P3 Government Order dated 17.7.1965 the recognition was accorded to the above diploma course for the purpose of employment in Kerala. However, the Government has issued another Government Order, Ext.P4, dated 31.1.2014 and took a decision not to recognise the qualification awarded by any institution or Boards including other State Boards through lateral entry (two year course) as an approved qualification in the State of Kerala. It is also mentioned in the order that any appointment already granted/done so far on the strength of the Government WP(C).No.30514/2014-L.
2 Order in the year 1965 shall however be treated as valid. The petitioner's case is that the petitioner is entitled for the recognition in terms of Ext.P3 Government Order as Ext.P5 order can only have a prospective application. This issue is covered in favour of the petitioner as per the judgment of this Court in WP(C).No.24123 of 2914. This Court held that Ext.P1 would have only prospective application and cannot take away the right of the petitioner to have recognition to the course based on the Government Order issued in the year 1965. In view of the above, this writ petition is allowed. Therefore, there shall be a direction to the second respondent to issue equivalency certificate to the petitioner on the strength of Ext.P1 certificate. Needful shall be done within a period of six weeks.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-
// true copy //
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Title

Josephshandrin vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
18 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri