UGC-Recognised Degrees Cannot Be Devalued By State Rules | Kerala High Court Says No Equivalency Certificate Needed For IGNOU Postgraduate To Qualify SET
Safiya Malik
The High Court of Kerala Single Bench of Justice Dinesh Kumar Singh declared that the requirement for an equivalency certificate from a State University for degrees obtained from national institutions recognized by the University Grants Commission (UGC) is unjustified and ultra vires. The Court directed the concerned authority to issue the State Eligibility Test (SET) certificate to the petitioner without further delay. The directive was issued on 17 June 2025, mandating compliance by the second respondent responsible for conducting the SET.
The petitioner, aged 46, is a Primary Teacher at UP School, Koodassery, Kuttipuram, Malappuram District. He completed his undergraduate degree in Sociology from the University of Calicut and later obtained a Master’s Degree in Gandhi & Peace Studies from Indira Gandhi National Open University (IGNOU). The petitioner has been employed as a teacher since 13 June 2007.
The petitioner applied to appear for the State Eligibility Test (SET) for promotion to Higher Secondary School Teacher in Gandhian Studies. Despite passing the SET held in July 2021, the petitioner was denied the certificate of qualification by the LBS Centre for Science and Technology (the second respondent), citing the absence of an equivalency certificate from a State University in Kerala for his IGNOU degree.
The petitioner argued that Mahatma Gandhi University, a State University in Kerala, had already recognized his IGNOU degree via a certificate dated 14 November 2021 (Exhibit P-5). Furthermore, he pointed to a Government Order (G.O.(Ms) No. 272/2018/HEDN dated 13 November 2018) that clarified that no equivalency or recognition was needed for degrees obtained from national institutions recognized by the UGC, including IGNOU.
Represented by Shri R. K. Muraleedharan, Smt. Athira A. Menon, and Shri Harisankar K. V., the petitioner relied on this order and contended that the insistence on an additional equivalency certificate violated the terms set by the government and undermined the recognition granted to IGNOU.
Respondents included the State of Kerala (represented by Shri V. Venugopal, Government Pleader), the LBS Centre for Science and Technology (represented by Smt. Shameena Salahudheen), and the Director of General Education. The respondents argued that as per Clause 2.2 and Clause 5.6(a) of the SET Prospectus (Exhibit P-3), an equivalency certificate from a State University was mandatory.
They contended that the requirement was aligned with the Special Rules under the Kerala Education Act, 1958. Despite the petitioner passing the SET, the absence of this certificate allegedly precluded the issuance of his qualification.
The petitioner also submitted Exhibits P1 to P9 supporting his academic credentials, eligibility certificates, results, relevant government orders, and communication with the SET conducting body. The respondents submitted Annexure R2(A), a judgment from a related case.
Justice D. K. Singh recorded several key observations in the judgment, relying heavily on the nature and authority of IGNOU as a Central University established under an Act of Parliament.
"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 Court stated that IGNOU’s courses are recognized by the UGC, and therefore should not be subject to additional equivalency requirements:
"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 further noted that the Government Order dated 13.11.2018 (Exhibit P-6) clarified that degrees from national institutions such as IITs, IISs, NITs, IISERs, and other institutions recognized by the UGC do not require separate recognition or equivalency certificates.
"Despite this understanding of the State Government itself, 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."
In light of the above, the Court held that the insistence on an equivalency certificate for a degree from IGNOU, a nationally recognized university, lacked legal justification. The requirement violated both state policy and national regulatory frameworks.
"No insistence for equivalence certificate can be made in respect of the Degrees obtained from the National Institutions such as National Institute like Indian Institutes of Technology (IITs), Indian Institute of Science (IISs), National Institutes of Technology (NITs), Indian Institutes of Science Education and Research (IISERs) or other institutions recognized by UGC."
The Court concluded by allowing the writ petition and issuing a categorical directive:
"In view thereof, the present writ petition is hereby allowed, and the 2nd respondent is hereby directed to issue the certificate of pass in SET, July 2021 to the petitioner forthwith."
Advocates Representing the Parties:
For the Petitioners: Shri. R. K. Muraleedharan, Smt. Athira A. Menon, Shri. Harisankar K. V.
For the Respondents: Smt. Shameena Salahudheen – Standing Counsel for 2nd Respondent; Shri. V. Venugopal – Government Pleader
Case Title: Harisankar S. v. State of Kerala & Others
Neutral Citation: 2025: KER:43507
Case Number: WP(C) No. 15672 of 2025
Bench: Justice Dinesh Kumar Singh
[Read/Download order]
