IGNOU Degree Not Required To Have Equivalence Certificate From State University : Kerala High Court
If courses offered by Central Universities are required to have equivalence certificate from State Universities, it will be the end of education system, the Court said.;
The Kerala High Court has recently held that insisting on equivalency certificate from Central Universities that are recognised by the University Grants Commission (UGC) in the prospectus of the State Eligibility Test (SET) is ultra vires the UGC Act.Justice D.K. Singh passed the judgment while considering a Writ Petition that challenged the decision taken by the LBS Centre for Science...
The Kerala High Court has recently held that insisting on equivalency certificate from Central Universities that are recognised by the University Grants Commission (UGC) in the prospectus of the State Eligibility Test (SET) is ultra vires the UGC Act.
Justice D.K. Singh passed the judgment while considering a Writ Petition that challenged the decision taken by the LBS Centre for Science and Technology (2nd respondent) with respect to the petitioner's eligibility in the SET.
The petitioner is a Primary Teacher, who has been working since 2007. He got his graduation degree from the University of Calicut in Sociology and thereafter, Masters Degree in Gandhi & Peace Studies from Indira Gandhi National Open University (IGNOU). The 2nd respondent is responsible for conducting the SET.
The petitioner appeared and passed in the SET but the 2nd respondent is insisting for an equivalency certificate for his Master Degree from a State University of Kerala. The 2nd respondent relied on Clause 2.2 and 5.6(a) of Exhibit P-3 Prospectus of SET to state the same. The Government Pleader also took a similar stand and stated that as per the Special Rules of the State Government made under the Kerala Education Act, 1958, equivalency certificate is required.
After considering the submissions before him, the learned Single Judge was of the opinion that IGNOU is a Central University of National Importance and it has been recognised by the UGC. Therefore, it is not necessary to have equivalence certificate for the courses from IGNOU.
It observed:
“The IGNOU is a University of National importance established by the Central Government to offer open studies through correspondence for the first time in the University system and also it offers regular courses. The Central University is recognized by the University Grants Commission (UGC) and its courses are approved by the UGC. If the courses approved by the UGC offered by a Central University are required to have the equivalence certificate from the State University, it would be the end of the education system.”
The Court also referred to G.O.(Ms) No. 272/2018/HEDN dated 13.11.2018 issued by the State Government wherein it has been clarified that no equivalency/recognition shall be insisted upon for degrees obtained from National Institutes.
The Court further held that the clauses in the prospectus of the SET is ultra vires the aforesaid Government Order and the National Education Policy. It opined:
“…insistence upon the equivalence certificate is wholly unjustified and such clauses in the prospectus run contrary to the Government Order in Exhibit P-6 dated 13.11.2018 as well as the National Education Policy and it is declared as ultra vires of the University Grants Commission Act, 1956 and Regulations framed thereunder.”
The Court clarified that equivalence certificate cannot be insisted from National Institutions other institutions recognized by UGC. Thus, the Writ Petition was allowed and the 2nd respondent was directed to issue to the petitioner the certificate of pass in SET.
Case No: WP(C) No. 15672 of 2025
Case Title: Harisankar S. v. State of Kerala & Ors.
Citation: 2025 LiveLaw (Ker) 353
Counsel for the Petitioner: R. K. Muraleedharan, Athira A. Menon, Harisankar K. V.
Counsel for the Respondents: Shameena Salahudheen – SC – LBS Centre For Science and Technology, V. Venugopal - GP