IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 11337 of 2009 (J) -------------------------- PETITIONER: ------------------ DR.N.RAVEENDRAN, SREE RAGAM, CHATHANOOR.PO, KOLLAM-691572. BY ADV. SRI.RAJU K.MATHEWS RESPONDENTS: ----------------------- 1. UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY,NEW DELHI. 2. THE SECRETARY,NATIONAL COUNCIL FOR TEACHER EDUCATION, NEW DELHI. 3. THE REGISTRAR, BHARTHIYA SIKSHA PARISHATH, UTTAR PRADESH,BHARAT BHAVAN,MATIYARI,CHINHAT, FAIZABAD ROAD,LUCKNOW,U.P.-227105. 4. UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR,THIRUVANANTHAPURAM. 5. THE PRINCIPAL/CENTRE SUPERINTENDENT, NATIONAL INSTITUTE OF PROFESSIONAL EDUCATION, BHARATIYA SIKSHA PARISHAD, MASS TOWER,18-VEERALAM, ATTINGAL PO, KERALA, TRIVANDRUM. 6. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF HIGHER EDUCATION,GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 7. UNION OF INDIA REPRESENTED BY ITS SECRETARY TO THE MINISTRY OF HUMAN RESOURCES DEVELOPMENT,SASTHRI BHAVAN, NEW DELHI. R1 BY ADV. SRI.S.KRISHNAMOORTHY, CGC R2 BY ADV. SRI.V.M.KURIAN, SC, SRC-NCTE R4 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC. R6 BY GOVERNMENT PLEADER, SRI.K.SANILKUMAR R7 BY ADV. SRI.T.P.M.IBRAHIM KHAN, ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.10.2010 , THE COURT ON 12/10/2010 DELIVERED THE FOLLOWING: vk WP(C).No. 11337 of 2009 (J) ----------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS. ------------------------------------- EXT.P1. COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EVIDENCING PASSING OF THE M.ED DEGREE COURSE. EXT.P2. COPY OF THE LIST OF FAKE UNIVERSITIES PUBLISHED IN THE WEB SITE OF THE 1ST RESPONDENT. EXT.P3. COPY OF THE LETTER NO.AC.F1/2006 DATED 27.2.2006 OF THE 1ST RESPONDENT. RESPONDENTS EXHIBITS : NIL P.A. TO JUDGE / TRUE COPY / VK T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.11337 Of 2009 ----------------------------------------------------- DATED THIS THE 12th DAY OF OCTOBER, 2010 J U D G M E N T This Writ Petition is filed by the petitioner seeking the following reliefs. (i) to issue a writ of mandamus or other appropriate writ, direction or order directing respondents 1 and 2 to recognise M.Ed.courses offered by the 3rd respondent. ii) to issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to recognise the M.Ed.Degrees awarded by the 3rd respondent as equivalent to the degrees awarded by the Universities of Kerala and on that basis to consider the petitioner for appointment in suitable post in B.Ed.Colleges under the University. 2. The petitioner is having Ph.D and D.Lit in Social Science. The 3rd respondent is conducting an Off Campus Centre at Attingal and the 5th respondent is the Principal of the said Centre. They have been offering M.Ed.Degree and accordingly the petitioner also joined the course and passed the same with W.P.(C)No.11337/09 -2- first class. Exhibit P1 is the certificate showing the same. According to the petitioner, the standard of the courses offered, papers taught, the course content and the duration of the course offered by the University of Kerala and the 3rd respondent through its Centre are identical in every respects. The 3rd respondent is one constituted under the Societies Registration Act, unlike the Kerala University, which is formed under the Act of Legislature. 3. Earlier, the first respondent had published a list of fake Universities in the Websites and the 3rd respondent was not included therein. It is in these circumstances that the petitioner approached this Court seeking various reliefs. The learned counsel for the petitioner submitted that in the light of the decision of the Apex Court in Prof.Yashpal and another v. State of Chhattisgarh and others (2005(5) SCC 420), the institutions formed under the enactment that was declared invalid by the Hon'ble Supreme Court will be granted affiliation by the State University. The welfare of the students should get appropriate attention by the Universities. W.P.(C)No.11337/09 -3- 4. The University Grants Commission has filed a counter affidavit. With regard to the status of the 3rd respondent, it is averred in paragraph No.9 that the 3rd respondent is not a University either established or incorporated by or under the Central Act, a provincial Act or a State Act. Further, it is also not a Deemed University within the meaning of Section 3 of the UGC Act, 1956. In the circumstances, it is pointed out that the 3rd respondent is not entitled to award degree in view of the provisions contained in Section 22 of the UGC Act, 1956. In paragraph No.12, it is stated that the 3rd respondent misrepresented itself as a University to mislead the students. There were complaints before the Commission in the matter and it appears that the 3rd respondent has filed civil suits also. 5. The learned Standing Counsel for the University also submitted that so far as the Norms for Recognition of Degrees and Examinations of other Universities are concerned, such Degrees/Examinations taken after regular course of study awarded by Statutory Universities/Institutions be recognised as equivalent to the corresponding Degrees/Examinations of the Kerala University. W.P.(C)No.11337/09 -4- 6. That the 3rd respondent is not a statutory University is beyond dispute. It is established only under the Societies Registration Act, In the light of the stand taken by the University Grants Commission, they are not entitled to award Degrees also. Therefore, there will not be any purpose in directing the University to consider the grant of recognition. In that view of the matter, nothing survives in the Writ Petition and the same is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE. dsn