The Kerala High Court has recently ruled that insisting on equivalent certificates for degrees of Central universities recognised by the University Grants Commission (UGC) in the prospectus of the State Eligibility Test (SET) is ultra vires under the UGC Act.
A single bench of Justice D K Singh passed the order while hearing a Writ Petition filed by a Primary school Teacher, challenging the decision taken by the LBS Centre for Science and Technology with respect to the petitioner’s eligibility in the SET.
The petitioner, who has been working as a primary school teacher since 2007, got his graduation degree from the University of Calicut in Sociology and thereafter, Masters Degree in Gandhi & Peace Studies from Indira Gandhi National Open University (IGNOU).
The petitioner appeared and passed in the SET. But the 2nd respondent (the LBS Centre for Science and Technology) is insisting for an equivalency certificate for his Master Degree from a state University in Kerala. The 2nd respondent relied on Clause 2.2 and 5.6(a) of Exhibit P-3 Prospectus of SET to state the same. The Government Pleader also took a similar stand and stated that as per the Special Rules of the State Government made under the Kerala Education Act, 1958, equivalency certificate is required.The 2nd respondent is responsible for conducting the SET.
After considering the submissions before him, the single bench of Justice DK Singh said IGNOU is a Central University of National Importance and it has been recognised by the UGC. Therefore, it is not necessary to have an equivalence certificate for the courses from the IGNOU.
“The IGNOU is a University of National importance established by the Central Government to offer open studies through correspondence for the first time in the University system and also it offers regular courses. The Central University is recognized by the University Grants Commission (UGC) and its courses are approved by the UGC. If the courses approved by the UGC offered by a Central University are required to have the equivalence certificate from the state University, it would be the end of the education system,” the court said.
The court also referred to G.O.(Ms) No. 272/2018/HEDN dated 13.11.2018 issued by the state government wherein it has been clarified that no equivalency/recognition shall be insisted upon for degrees obtained from National Institutes.
The court further held that the clauses in the prospectus of the SET are ultra vires the aforesaid Government Order and the National Education Policy.
“…insistence upon the equivalence certificate is wholly unjustified and such clauses in the prospectus run contrary to the Government Order in Exhibit P-6 dated 13.11.2018 as well as the National Education Policy and it is declared as ultra vires of the University Grants Commission Act, 1956 and Regulations framed there under,” the court said
The court allowed the Writ Petition and directed the 2nd respondent to issue to the petitioner the certificate of pass in SET.