Kerala High Court: In a writ petition challenging the decision of LBS Centre for Science and Technology mandating an equivalency certificate for petitioner’s Master’s degree from Indira Gandhi National Open University (‘IGNOU’), to be obtained from Kerala State University as per the State Eligibility Test (‘SET’) Prospectus., the Single Judge Bench of D. K. Singh, J. held that insisting on an equivalency certificate for degrees obtained from Central Universities recognized by the University Grants Commission (‘UGC’), as required in the prospectus of the State Eligibility Test (‘SET’), is ultra vires the University Grants Commission Act, 1956. The Court emphasized that such a condition undermines the authority of nationally recognized institutions and runs contrary to both the UGC Regulations and the National Education Policy.
Background
The petitioner holds a graduation degree in Sociology from the University of Calicut and a Master’s degree in Gandhi & Peace Studies from IGNOU. He has been employed as a Primary Teacher since 13-06-2007. The petitioner applied to participate in the SET for promotion to the post of Higher Secondary School Teacher in Gandhian Studies.
Mahatma Gandhi University, Kerala, has recognised the petitioner’s Master’s degree from IGNOU. However, the LBS Centre for Science and Technology, responsible for conducting the SET, has stated that an equivalency certificate from Kerala State University is mandatory as per Clauses 2.2 and 5.6(a) of the SET Prospectus. Despite the petitioner qualifying in SET, the certificate cannot be issued without this equivalency certificate.
The Government Pleader supported this position, emphasising that under the Special Rules framed pursuant to the Kerala Education Act, 1958, obtaining an equivalency certificate is mandatory.
Analysis and Decision
The Court said that IGNOU is a Central University of national importance, established by the Central Government, offering both open and regular courses. It is recognised and approved by the UGC. Requiring an equivalency certificate from a State University for courses approved by the UGC and offered by a Central University would undermine the entire education system.
The Court emphasised that the State Government itself has acknowledged this through Government Order dated 13-11-2018, which clarifies that no equivalency or recognition shall be insisted upon for degrees obtained from national institutes like IITs, IISc, NITs, IISERs, or other UGC-recognized institutions. Therefore, insisting on an equivalency certificate is wholly unjustified and such clauses in the prospectus are contrary to the Government Order, the National Education Policy, and are declared ultra vires of the University Grants Commission Act, 1956 and its regulations.
Accordingly, the Court held that no equivalency certificate can be mandated for degrees obtained from such national institutions.
In view of the above, the writ petition was allowed, and the LBS Centre for Science and Technology was directed to issue the SET pass certificate for July 2021 to the petitioner forthwith.
[Harisankar v. State of Kerala, WP(C) No. 15672 of 2025, decided on 17-06-2025]
Advocates who appeared in this case:
For Petitioners: R. K. MURALEEDHARAN, ATHIRA A. MENON, HARISANKAR K. V
For Respondents: SHAMEENA SALAHUDHEEN — SC , V. VENUGOPAL — GP
