## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR. JUSTICE GOPINATH P.`**
```
TUESDAY, THE 30[TH] DAY OF MAY 2023 / 9TH JYAISHTA, 1945
```
## **`WP(C) NO. 27945 OF 2022`**
## **`PETITIONER/WRIT PETITIONER:`**
```
NIJILA DAS C.M.
AGED 33 YEARS
W/O DILEEP P,
PALATHINGAL HOUSE,
OTTAPALAM P.O, PALAKKAD-679103.
BY ADVS.
K.I.SAGEER
MUHAMMED YASIL
```
## **`RESPONDENTS/RESPONDENTS :`**
- `*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.`
- `2 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM-686560.`
- `3 UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFER MARG, NEW DELHI-110001.`
- `4 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SHANTHI NAGAR, THIRUVANANTHAPURAM - 695001.`
- `5 *ADDL.R5. INDIRA GANDHI NATIONAL OPEN UNIVERSITY (IGNOU) REPRESENTED BY ITS REGISTRAR, MAIDAN GARHI, NEW DELHI-110068`
```
IS IMPLEADED AS PER THE ORDER DATED 25.4.2023 IN IA
NO.3/2022 IN WPC
```
```
BY ADVS.
SHRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY
SRI.S.KRISHNAMOORTHY, CGC
```
WPC No.27945 of 2022
2
```
SRI. SUNIL V K (GP)
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```
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
```
WPC No.27945 of 2022
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## **J U D G M E N T**
The petitioner has essentially approached this Court seeking a declaration of equivalence in respect of the Master of Arts course in Journalism and Mass Communication program (Distance Mode) completed by the petitioner in the Sikkim Manipal University (Directorate of Distance Education). The petitioner is stated to have successfully completed the same in the month of July 2013.
2. According to the petitioner, the declaration of equivalence by the Mahatma Gandhi University is necessary for the petitioner to apply to the post of Higher Secondary School Teacher through a selection to be conducted by the Public Service Commission. The petitioner has, therefore, approached this Court contending that the refusal of the Mahatma Gandhi University to issue Equivalency Certificate is arbitrary and illegal and is against Ext.P3 Regulations namely the University Grants Commission (Open and Distance Learning) Regulations, 2017.
3. It is contended that the Sikkim Manipal University is recognized and approved by the UGC as is evident from the UGC is approved Universities list and therefore, there is no rhyme or reason to deny Equivalency Certificate to the petitioner. It is
WPC No.27945 of 2022
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also contended that the University Grants Commission has made clear that Degrees/Diplomas/Certificates awarded for programmes conducted by the Open and Distance Learning (ODL) institutions recognized by the UGC and in conformity with the UGC Notification on specification of Degrees should be treated as equivalent to the corresponding awards of the Degree/Diploma/Certificate of other Universities/Institutions in the country.
4. The learned Standing Counsel appearing for the Mahatma Gandhi University would submit that the question of granting equivalence is something that should be done by the University after reference to all attendant factors and such Equivalency Certificate cannot be issued as a matter of course. It is submitted that the decision by academic bodies either to grant or refuse Equivalency Certificate cannot be interfered with in proceedings under Article 226 of the Constitution of India going by the law laid down by the Supreme Court in **Guru Nanak Dev University v. Sanjay Kumar Katwal and Another** [2009 (1) SCC 610]. It is submitted that in paragraph nos.4, 5 and 6 of the statement filed in this Court, the University has set out the reasons as to why the course undertaken by the petitioner in the Sikkim
WPC No.27945 of 2022
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Manipal University cannot be granted with the certificate of equivalence.
5. The learned counsel appearing for the University Grants Commission would submit that the Sikkim Manipal University could not have conducted the course undertaken by the petitioner in ODL mode. It is submitted that the University could only have conducted the course in regular mode and that too within the territory of Sikkim. It is submitted that this issue is also covered against the petitioner by the judgment of this Court in **Godwiin Samraj D.P.(Dr.) and Another v. Dr.M.Abdul Salam and Others** [2015 (2) KHC 551 (DB)].
6. Having heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Mahatma Gandhi University and the learned counsel appearing for the University Grants Commission, I am of the view that the petitioner has not made out any case for interference. Paragraph Nos.4, 5 and 6 of the statement filed by the learned Standing Counsel for the Mahatma Gandhi University reads as follows:
“4. The Board of studies had unanimously recommended not to offer course equivalency because all of the requirements listed in the UO. No. 5922/AcD/3/2243/12 dated 05.10.2017 for granting course equivalency were not satisfied. After reviewing the scheme, syllabus, and U.O.No.5922/AcD/3/2243/12
WPC No.27945 of 2022
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dated 05.10.2017, the Board of Studies made the following observations:
(i) The MA Journalism and Mass Communication programme of Mahatma Gandhi University has considerable practical training modules like Lab Journal production, Dissertation, Viva and various semester-ending practical projects.
(ii) As the Master of Arts in Journalism and Mass Communication (MAJM) (Distance Education) programme of SIKKIM MANIPAL UNIVERSITY does not have similar practical inputs, it would be unfair to give course equivalency.
(iii) The Board considered the aspect that Journalism and Mass Communication is a professional discipline where hands-on training and practical inputs are very crucial.
(iv) Also, it is found that 4 core courses, 3 practical papers, Dissertation, Lab Journal production and Viva and 4 electives are missing in the Master of Arts in Journalism and Mass Communication (MAJM) (Distance Education) programme of SIKKIM MANIPAL UNIVERSITY, which cannot be undermined during the course content comparison.
(v) The eligibility conditions for admission to the equating programme are not the same.
(vi) The syllabus provided with the application does not have any reference about the practical training/inputs and project/dissertation as part of the programme.
The Board of studies, (Journalism & Mass Communication) had recommended that the Master of
WPC No.27945 of 2022
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Arts in Journalism and Mass Communication (MAJM) (Distance Education) programme of SIKKIM MANIPAL UNIVERSITY not be recognised by providing equivalency with the Master of Arts in Journalism and Mass Communication programme of Mahatma Gandhi University, after considering the schemes, syllabus, and the respective U.O. Further the Dean of Faculty of Social Sciences had remarked that
" _A detailed comparative examination of the syllabus and course content of both Sikkim Manipal University and Mahatma Gandhi University shows that there is a considerable difference in core and elective courses. 70% similarity in content, therefore, cannot be found between two, which is a necessary criterion to equate_ two courses as per the rules of Mahatma Gandhi University. Likewise, the Master of Arts in Journalism and Mass Communication (Distance) programme of Sikkim Manipal University has no practical components like lab journal production, dissertation, viva voce etc, which are essential for such a programme to be equated with Master of Arts in Journalism and Mass Communication being offered by Mahatma Gandhi University. It is, therefore, recommended not to grant equivalency in this case. However, eligibility for higher education and employment can be given considering the presence of certain similar core and elective courses in the syllabus of both".
5. Parameters to equate one degree with the other or to declare two courses similar are 4 in number. Petitioners Mass Communication & Journalism, degree
WPC No.27945 of 2022
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from Sikkim University Gangtok (Distance Education) failed to meet the following criteria which determines the degrees similar.
i. The eligibility conditions for Admin to the equating programme should be similar
ii. Duration of the course should be the same. iii. Number of papers/courses/viva/dissertation/project in both programmes should have a match.
iv. Contents should be similar to at least 74%
6. It is submitted that the petitioner had underwent the course through distance mode from a franchise at Palakkad. As stipulated by the UGC it is clarified that _“Study Centres: The distance Education Bureau (DEBUGC) does not give approval to the study centres of any University/Institution either directly or through franchise as they are established by the University/Institution concerned as per the provisions available in their Acts and Statutes.”_ Further it is also pointed out that the University of Kerala by order dated 26.04.2022 had declined to grant equivalency to Mass Communication & Journalism, degree from Sikkim University Gangtok (Distance Education) on the application submitted by the petitioner.”
In **Guru Nanak Dev University’s** case (Supra), the Supreme Court is clearly held that where the grant or refusal of Equivalency Certificate is on the basis of specified guidelines, the Court cannot direct the grant of Equivalency Certificate as a
WPC No.27945 of 2022
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decision is by an academic body on the basis of specified guidelines.
7. The decision of the Division Bench of this Court in **Godwiin Samraj’s** case (Supra) also indicates that the contention taken by the learned counsel appearing for the University Grants Commission that the Sikkim Manipal University could not have conducted the course in the ODL mode beyond the State is only to be accepted. Therefore, the question of grant of Equivalency Certificate does not arise.
This writ petition, therefore, fails and it is, accordingly, dismissed.
Sd/- **GOPINATH P., JUDGE**
rkj
WPC No.27945 of 2022
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## **`APPENDIX OF WP(C) 27945/2022`**
|`PETITIONER EXHIBITS`||
|---|---|
|`Exhibit P1`|`A TRUE COPY OF THE DEGREE CERTIFICATE`|
||`ISSUED BY THE SIKKIM MANIPAL UNIVERSITY.`|
||`DT.1-10-2013`|
|`Exhibit P2`|`A TRUE COPY OF THE APPLICATION DATED`|
||`07.04.2022.`|
|`Exhibit P3`|`A TRUE COPY OF THE PUBLIC NOTICE DATED`|
||`23.02.2018 OF THE UNIVERSITY GRANTS`|
||`COMMISSION.`|
|`Exhibit P4`|`A TRUE COPY OF THE JUDGMENT DATED`|
||`26.05.2022 IN W.P(C) NO. 15750/2022 OF`|
||`THIS HON'BLE COURT.`|
|`Exhibit P5`|`A TRUE COPY OF THE ELIGIBILITY`|
||`CERTIFICATE DATED 07.06.2022 ISSUED BY`|
||`THE 2ND RESPONDENT TO THE PETITIONER.`|
|`Exhibit P6`|`A TRUE COPY OF THE ORDER DATED 07.06.2022`|
||`ISSUED ON BEHALF OF THE 2ND RESPONDENT.`|
|`Exhibit P7`|`A TRUE COPY OF THE COMMUNICATION DATED`|
||`13.06.2022 ISSUED BY THE DEPUTY REGISTRAR`|
||`OF SIKKIM MANIPAL UNIVERSITY TO THE`|
||`PETITIONER.`|
|`Exhibit P8`|`A TRUE COPY OF THE JUDGMENT DATED`|
||`17.06.2022 IN WP(C) NO.19521/2022 OF THIS`|
||`HON'BLE COURT.`|
|`Exhibit P9`|`A TRUE COPY OF THE JUDGMENT DATED`|
||`27.07.2022 IN COC NO.1388/2022 OF THIS`|
||`HON'BLE COURT.`|
|`Exhibit P10`|`A TRUE COPY OF THE ORDER DATED 02.08.2022`|
||`ISSUED ON BEHALF OF THE 2ND RESPONDENT.`|
|`Exhibit P11`|`A TRUE COPY OF THE EXTRACT OF GAZETTE OF`|
||`INDIA PART-I SEC 1 DATED 25.07.2015`|
||`DEPARTMENT OF HIGHER EDUCATION UNDER THE`|
||`MINISTRY OF HUMAN RESOURCES DEVELOPMENT`|
|`Exhibit P12`|`A TRUE COPY OF THE LETTER DATED 22/9/2022`|
||`OF THE DEPUTY REGISTRAR OF THE SIKKIM`|
||`MANIPAL UNIVERSITY`|
|`Exhibit P13`|`A TRUE COPY OF THE LETTER DATED`|
||`14/10/2013 ISSUED BY THE UNIVERSITY`|
||`GRANTS COMMISSION`|
WPC No.27945 of 2022
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```
Exhibit P14
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A TRUE COPY OF THE PUBLIC NOTICE DATED
2/9/2022 OF THE UNIVERSITY GRANTS
COMMISSION
```
