KERALA HIGH COURT: IGNOU DEGREE DOESN’T REQUIRE EQUIVALENCE CERTIFICATE FROM STATE UNIVERSITY:

The Kerala High Court has ruled that requiring an equivalency certificate from candidates holding degrees from Central Universities recognized by the University Grants Commission (UGC) is ultra vires the UGC Act. This ruling came in response to a writ petition challenging the decision of the LBS Centre for Science and Technology, which conducts the State Eligibility Test (SET) in Kerala, regarding a petitioner's eligibility.

The petitioner, a Primary Teacher employed since 2007, had completed his graduation in Sociology from the University of Calicut and later obtained a Master's degree in Gandhi and Peace Studies from the Indira Gandhi National Open University (IGNOU). Although the petitioner appeared for and passed the SET, the LBS Centre insisted that he furnish an equivalency certificate for his postgraduate degree from a State University in Kerala. This demand was based on Clauses 2.2 and 5.6(a) of the SET prospectus. The State Government, represented by the Government Pleader, supported this position by referring to the Special Rules made under the Kerala Education Act, 1958, which purportedly require such equivalency certification.

However, Justice D.K. Singh, who presided over the case, rejected this insistence. The Court noted that IGNOU is a Central University established by the Government of India and designated as an institution of national importance. It is duly recognized by the UGC, and its courses are also approved by the same authority. The Judge held that requiring equivalency certification for degrees from such a nationally recognized institution would undermine the very framework of the Indian education system. He emphasized that IGNOU was established to pioneer open and distance learning within the university system, and it also offers regular academic programs. Therefore, demanding a state-level equivalency certificate for a UGC-approved course from a Central University is both unnecessary and legally untenable.

In its judgment, the Court also referenced Government Order (Ms) No. 272/2018/HEDN dated November 13, 2018, which clarified that no equivalency or recognition should be insisted upon for degrees from national institutions. The Court held that the conditions in the SET prospectus, which required such certification, were in direct contradiction to this government order as well as the objectives of the National Education Policy. It declared these clauses to be ultra vires of the UGC Act, 1956, and the regulations framed under it.

Conclusively, the Court ruled that equivalency certificates cannot be demanded from candidates who have obtained degrees from national institutions recognized by the UGC. Accordingly, the writ petition was allowed, and the LBS Centre was directed to issue the petitioner his SET pass certificate without insisting on an equivalency certificate.