Equivalency Certificate From State Universities Not Required If Degree Obtained From National Institutions like IGNOU: Kerala High Court
The Kerala High Court has held that if the courses approved by the UGC and 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.
A Writ Petition was filed against the authority responsible for conducting the State Eligibility Test (SET), for refusing to issue the certificate of SET as the Petitioner does not have a state equivalency certificate of a Master’s Degree.
The Bench of Justice D.K. Singh observed, “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.”
Advocate R.K. Muraleedharan represented the Petitioner, while Advocate Shameena Salahudheen appeared for Respondents.
Case Brief
The Petitioner had pursued his Master’s Degree in Gandhi & Peace Studies from Indira Gandhi National Open University (IGNOU). An application was made by the Petitioner to participate in the State Eligibility Test for promotion to the post of Higher Secondary School Teacher in the Gandhian Studies.
However, the LBS Centre for Science and Technology, which is responsible for conducting the State Eligibility Test (SET), refused to issue the Petitioner the certificate for having been qualified in SET as the Petitioner is required to have equivalency certificate issued for his Master’s Degree from a State University of Kerala.
It was also contended that, as per the Special Rules made by the State Government under the Kerala Education Act, 1958 equivalency certificate is a must.
Court’s Reasoning
The Kerala High Court emphasised that 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.
While referring to an Order of the State Government, the Court highlighted that it has been clarified by the concerned State Government that no equivalency/recognition shall be insisted upon for degrees obtained from National Institute like Indian Institutes of Technology (IITs), Indian Institute of Science (IISs), National Institutes of Technology (NITs), Indian Institutes of Science Education and Research (IISERs) or other institutions recognized by UGC.
“Despite this understanding of the State Government itself, 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 thereunder”, the Court observed.
Accordingly, the Petition was allowed by the Kerala High Court, and it was directed to issue the certificate of pass in SET to the Petitioner.
Cause Title: Harisankar S. V. State of Kerala & Ors. (2025:KER:43507)
Appearance:
Petitioner: Advocates R.K. Muraleedharan, Athira A. Menon, Harisankar K.V.
Respondents: Advocate Shameena Salahudheen for Respondent No. 2, Advocate V. Venugopal (Government Pleader)
