Vipin Kunjachan v L.B.S Centre for Science & Technology and The Director of Higher Secondary Education

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI** ## **FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936** ## **WP(C).No. 29336 of 2012 (N)** **----------------------------** **PETITIONER(S) :** **--------------** **VIPIN KUNJACHAN, KALLOOR HOUSE, KOONAMMAVU P.O., ERNAKULAM - 683 518.** **BY ADVS.SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI.** **RESPONDENT(S):** **--------------** **1. L.B.S. CENTRE FOR SCIENCE & TECHNOLOGY, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM - 695 033, REP. BY ITS DIRECTOR.** **2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SHANTHI NAGAR THIRUVANANTHAPURAM - 695 001.** **R1 BY ADV. SRI.P.B.SURESH KUMAR (SR.) R1 BY SRI.LEO GEORGE, SC,LBS CENTRE FOR SCIENC BY GOVERNMENT PLEADER SMT. SUNITHA VINOD.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2015, THE COURT ON 30/01/2015 DELIVERED THE FOLLOWING:** **rvs.** _**WP(C).No. 29336 of 2012 (N)**_ ## **APPENDIX** ## **PETITIONER(S) EXHIBITS :** **------------------------** |**EXT.P1:**|**TRUE COPY OF THE CERTIFICATE ISSUED BY ANNAMALAI**| |---|---| ||**UNIVERSITY ON 22/12/2009 TO THE PETITIONER.**| |**EXT.P2:**|**TRUE COPY OF THE RELEVANT EXTRACT OF THE PROSPECTUS**| ||**RELATING TO SET 2011.**| |**EXT.P3:**|**TRUE COPY OF THE ADMISSION CARD ISSUED TO THE PETITIONER**| ||**BY THE IST RESPONDENT.**| |**EXT.P4:**|**TRUE COPY OF THE COMMUNICATION ISSUED BY THE IST**| ||**RESPONDENT TO THE PETITIONER.**| |**EXT.P5:**|**TRUE COPY OF THE COMMUNICATION DTD 24/8/2012 ISSUED TO**| ||**THE PETITIONER BY THE IST RESPONDENT UNDER THE RIGHT TO**| ||**INFORMATION ACT.**| |**EXT.P6:**|**TRUE COPY OF THE COMMUNICATION DTD 17/5/2012 ISSUED TO**| ||**THE PETITIONER BY THE UNIVERSITY OF KERALA.**| |**EXT.P7:**|**TRUE COPY OF THE COMMUNICATION DTD 16/4/2012 ISSUED TO**| ||**THE PETITIONER BY THE CALICUT UNIVERSITY.**| |**EXT.P8:**|**TRUE COPY OF THE COMMUNICATION 21/9/2012 ISSUED TO THE**| ||**PETITIONER FROM ANNAMALAI UNIVERSITY.**| **RESPONDENT(S)' EXHIBITS : ------------------------** **NIL.** **/TRUE COPY/** **P.A.TO JUDGE** **RVS.** ## **A.V.RAMAKRISHNA PILLAI, J** --------------------------------------------- WPC No.29336 of 2012 --------------------------------------------Dated this the 30[th] day of January, 2015 ## **JUDGMENT** Aggrieved by the non-issuance of pass certificate of state eligibility test by the first respondent, the petitioner has come up before this Court. 2. The petitioner, after acquiring post graduation in Chemistry from Annamalai university through distant education, applied for the state eligibility test 2011 conducted by the first respondent. The petitioner alleges that he appeared for the examination and he qualified in the examination. His grievance is that pass certificate has not so far been issued to the petitioner for the reason that the post graduation acquired by the petitioner through distant education has to be recognised by one of the universities in Kerala. The petitioner alleges that the Calicut University as well as the University of Kerala has approved the post graduate degree (regular) WPC No.29336/2012 2 conducted by the Annamalai University and there can be no distinction between a regular course and a course attended through distant education, in view of the decision of this Court in _**Osmania University**_ v _**Ramana**_ (1992(1) KLT S.N.36) and _**Benoy Thomas**_ v _**University of Kerala**_ (1982 KLT 598). 3. In the statement filed by the first respondent, they would contend that as the petitioner has passed his Post Graduate Degree from a University outside Kerala, going by the provisions of Ext.P2 prospectus, he has to produce an equivalency certificate and recognition certificate from any of the universities in Kerala in respect of P.G.Courses undergone by him. According to them, though the petitioner was declared passed by the first respondent, the required documents were not produced by him for verification. It is further stated that the petitioner has been informed as per Ext.P5 that the pass certificate would be issued subject to the production of the equivalency certificate regarding the post graduate course from WPC No.29336/2012 3 any of the universities in Kerala. 4. Arguments have been heard. 5. It is an admitted fact that the post graduate degree obtained by the petitioner is through distant education from the Annamalai University. The first respondent is conducting the eligibility test on behalf of the Government of Kerala as authorised by the State Government. A pass in the state eligibility test is stipulated as a mandatory requirement for appointment as higher secondary school teachers in the State as per the special rules in force. As per clause 5(1) of Ext.P2 prospectus, only those candidates who have acquired Masters Degree in the concerned subject in second class with not less than 50% marks and B.Ed Degree from any one of the universities in Kerala or have acquired these qualifications from any other university recognised as equivalent thereto are eligible to apply. Clause-5.7 of Ext.P2 prospectus states that candidates who have acquired their qualification through correspondence WPC No.29336/2012 4 course/open university which was not recognised by any one of the universities in Kerala are not eligible to appear for the SET. It is also specified in the prospectus that candidates who have acquired their qualifications through recognised correspondence course/open universities should obtain and furnish certificates of recognition and equivalency from any one of the universities in Kerala. As per clause-16 of the prospectus, the candidates, who are eligible to be declared as successful, shall have to produce the required documents for verification and the pass certificate would be issued only thereafter. The petitioner has appeared for the examination fully knowing the aforesaid conditions. As the first respondent is only conducting the state eligibility test subject to the conditions in the prospectus, they are not in a position to deviate from the conditions. As the petitioner has taken post graduate degree from Annamalai University in Tamilnadu through correspondence course, he has to produce the WPC No.29336/2012 5 documents mentioned in clause-17 of the prospectus. 6. The dictum relied on by the petitioner in _**Osmania University**_ v _**Ramana and Benoy Thomas**_ v _**State of Kerala**_ are not applicable to the facts and circumstances of this case. Having conceded to the prospectus and signing the declaration in the application, the petitioner is not entitled to challenge the prospectus on any grounds whatsoever. Therefore, the only course is to approach any one of the universities in Kerala for an equivalency certificate. 7. The learned counsel for the petitioner would submit that the Annamalai University is recognised by the Central University Grants Commission and therefore, the degree secured by him has to be accepted as equivalent to the degree issued by the Universities in Kerala. It is open for the petitioner to make this argument before the University to which he makes an application for equivalency certificate, in the event of denial of equivalency certificate to the WPC No.29336/2012 6 petitioner by the said university. In the result, this writ petition is disposed of directing the petitioner to approach any one of the universities in Kerala for equivalency certificate and in the event of producing such equivalency certificate by any of the universities in Kerala, the first respondent shall issue pass certificate of state eligibility test to the petitioner. **sd/-A.V.RAMAKRISHNA PILLAI JUDGE** css/ true copy **P.S.TO JUDGE**