IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 2814 of 2009(I) -------------------------------- PETITIONERS : --------------------- 1. S.SIVAPRASAD, HSA, HINDI, GOVERNMENT MODEL HIGHER SECONDARY SCHOOL, THIRUVANANTHAPURAM. 2. ANILKUMAR N.S, JUNIOR HINDI TEACHER GOVERNMENT UPPR PRIMARY SCHOOL, MULLUR, PANAVILA, THIRUVANANTHAPURAM. 3. MONYLAL .R., HSA MALAYALAM, GOVERNMENT HIGHER SECONDARY SCHOOL, MEDICAL COLLEGE, KUMARAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------------------- 1. MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS PO, KOTTAYAM 686 560. 2. REGISTRAR, MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS PO, KOTTAYAM 686 560. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 2814 of 2009 ------------------------------------ Dated this the 3rd day of March, 2009 JUDGMENT The first petitioner is a High School Assistant (Hindi), the Second petitioner is a junior Hindi Teacher, and the third petitioner is a High School Assistant (Malayalam). All these petitioners possess post graduate degree in Communication and Journalism (MCJ) under the Distance Education Programme of Madurai Kamaraj University. 2. It is stated that in terms of the special rules framed by the Government, for the post of HSST Junior, qualification prescribed is Master Degree in the subject concerned from any of the Universities in the State of Kerala or any qualification recognized as equivalent thereto by a University in Kerala. It is stated that Director of Higher Secondary Education issued notification dated 30/9/2008 for filling up the post of HSST Journalism, by transfer from those categories to which, the petitioners belong. 3. It is stated that thereupon they applied to the respondent University for granting equivalency certificate in W.P.(C) No. 2814 /2009 2 respect of Degree of Master of Journalism and Communication held by them from the Madurai Kamaraj University. The University thereupon issued Exhibit P2, certifying that MCJ possessed by the petitioners have been recognised by them as qualification for higher studies in Journalism and Mass Communication. Since Exhibit P2 did not meet their requirements, petitioners made Exhibit P3 representation to the Vice Chancellor. They got Exhibit P4 reply informing that the Academic Council of the University at its meeting held on 12/03/2008 resolved not to grant recognition for M.A. Degree in Journalism and Mass Communication (Distance Education) of Madurai Kamaraj University for employment purpose and hence Exhibit P3 was rejected. 4. It was thereupon, that they filed this writ petition praying to quash Exhibit P4 and to direct the respondents to issue the petitioners an equivalency certificate as requested by them in Exhibit P3. Petitioners are also referring to Exhibit P1, an equivalency certificate issued by the respondent University to one Shri. Santhosh Mathew on 4th July, 2007, certifying that the W.P.(C) No. 2814 /2009 3 very same post graduate degree held by him from the very same University under the Distance Education Programme has been recognised as equivalent to the post graduate degree awarded by the respondent University, for employment purpose, as a special case. 5. University has filed counter affidavit. According to them, Exhibit P1 certificate was issued as a special case subject to the condition of production of at least one year’s experience certificate from a media firm of good standing. It is stated that the very same benefit was not extended thereafter to any other applicant. According to them, in terms of Section 25(xii) of the M.G. University Act, 1958 the Academic Council is the competent authority invested with the power to “decide what examinations of other Universities may be accepted as equivalent to those of the University.” It is stated that exercising these powers, the Academic Council, in their meeting held on 12/03/2008 resolved not to grant recognition to the post graduate degree possessed by the petitioners for employment purposes. 6. Thus the stand of the University is that the Academic W.P.(C) No. 2814 /2009 4 Council is the competent body to take a decision in the matter of recognition and equation of courses and degrees and that the said competent body has resolved to recognise the post graduate degree of Mass Communication and Journalism held by the petitioners only for the employment purposes. It is the correctness of this stand of the University that calls for examination. 7. Section 25 of the M.G. University Act deals with the powers and duties of the Academic Council. Section 25(2) provides that Academic Council shall have the power to decide what examination of other University may be accepted as equivalent to those of the University. Therefore, statute confers power on the Academic Council to decide what examinations of other universities may be accepted as equivalent to those of the University. In this case, evidently the Academic Council has recognised the course in question, but however such recognition is not granted for employment purpose. 8. In my view, once the power of recognition conferred on the Academic Council has been exercised and it is decided to W.P.(C) No. 2814 /2009 5 grant equivalency as contemplated under Section 25, equivalency granted should enure for all purposes. That apart in my view the stand of the University that it will recognise the course for one purpose and not for other purposes, is also contradictory. If going by the course undergone by the students, equivalency is granted for higher studies, there is absolutely no reason why such recognition should not be granted for employment purposes. This is for the reason that the power conferred is to grant equivalency for any specified purposes. Therefore, in my view, power of the Academic council is only to recognise a course as equivalent and once recognition is granted, it enure to all purposes. 9. Therefore, I dispose of this writ petition declaring that the decision of the Academic Council of the respondent University to grant equivalency to Master of Communication and Journalism obtained by the petitioners from Madurai Kamaraja University exercising its power under section 25(xii) will enure for all purposes and on that basis direct the respondents to issue equivalency certificate to the petitioners certifying that the Post W.P.(C) No. 2814 /2009 6 Graduate Degree of Mass communication and Journalism obtained by the petitioner from the Madurai Kamaraj University, has been recognized as equivalent to what is awarded by it. Petitioner shall produce a copy of this judgment before the respondents for compliance who shall pass orders within four weeks of production of copy of this judgment. ANTONY DOMINIC, JUDGE scm