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Lakshmanan Kaiprathu vs State Of Kerala

High Court Of Kerala|21 November, 2014
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JUDGMENT / ORDER

The Writ Petition is filed praying, inter alia, for a direction to the 3rd respondent to issue equivalency certificate to the petitioners certifying that the M.Sc. Degree in Geography (Distance Education) of the University of Madras, Tamil Nadu acquired by them has been recognized as equivalent to the M.Sc./MA degree in Geography of Kannur University. Since the learned counsel for the petitioners submitted that he is not pressing the other reliefs relating to the selection and appointment to the post of HSSTs, I am taking up the matter and disposing of the same. The learned counsel also submitted that the 1st petitioner has already crossed the retirement age and therefore relief is required in the case of the 2nd petitioner alone. 2. I heard the learned Counsel appearing for all the parties. The grievance of the petitioners is that the University of W.P(c) No.1711 of 2011-L 2 Kannur issued equivalency certificates Ext.P8 and P8(a) to the petitioners, certifying that the M.Sc. in Geography (Distance Education) of the University of Madras, Tamil Nadu (acquired by them) has been recognized by the University for the purpose of higher studies alone. In fact the petitioners' requirement for equivalency certificates is for the purpose of employment.
3. The learned counsel for the University of Madras which is the 6th respondent in this Writ Petition, submitted that they have filed a counter affidavit to the effect that the M.Sc. Degree in Geography awarded by the Institute of Distance Education of Madras University has been recognized as equivalent to M.Sc. Degree in Geography course offered in the regular course of Madras University, since the duration of the course, syllabus and the award of classification are one and the same. Both are institutions for regular courses of the University.
4. The petitioners have produced Ext.P16 order issued by the University Grants Commission on 14.10.2013, along with I.A.No.14602 of 2014, paragraph 6 of which reads as follows:
“6. Accordingly, the Degrees/ Diplomas/ Certificates awarded for programmes conducted by the ODL institutions, recognized by DEC (erstwhile) and UGC, in conformity with UGC Notification on specification of Degrees should be treated as W.P(c) No.1711 of 2011-L 3 equivalent to the corresponding awards of the Degree/Diploma/Certificate of the traditional Universities/institutions in the country.”
The certificates Ext P8 and P8(a) are seen issued on 24.09.2008 and 09.12.2010 respectively to the petitioners. The University of Kannur has not considered the question of equivalency in the background of Ext.P16 order issued by the U.G.C. Therefore, I am of the view that the grievances of the petitioners will be redressed in the event of a re-consideration by the University in the light of Ext.P16.
Therefore, there will be a direction to the Kannur University to reconsider the issue regarding the equivalency in respect of the M.Sc. Degree in Geography (Distance Education) of the University of Madras, Tamil Nadu acquired by the 2nd petitioner, in the light of Ext.P16 order issued by the UGC and to pass orders within a period of two months from the date of receipt of a copy of this judgment.
This Writ Petition is disposed of accordingly.
rtr/ Sd/-
(P.V.ASHA, JUDGE)
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Title

Lakshmanan Kaiprathu vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
21 November, 2014
Judges
  • P V Asha
Advocates
  • Sri