ADITHYA VINOD NAYAR v. STATE OF KERALA

SRI. SURIN GEORGE IPE, SC. SRI VENUGOPAL, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.11.2023, THE COURT ON 02.02.2024 DELIVERED THE FOLLOWING: W.P.(C)No.27057/2023 2 T.R. RAVI, J. -------------------------------------------- W.P.(C)No.27057 of 2023 -------------------------------------------- Dated this the 2nd day of February, 2024 JUDGMENT The petitioner had his Secondary School Education in Dubai up to 10th standard at Gems Westminster School, Sharjah, affiliated with the International General Certificate of Secondary Education. He returned to India and joined Global Public School, Thiruvaniyoor, for his Plus Two Course and stated that he completed the same during 2022-23. It appears that he did not take the examination and instead enrolled with the Board of Open Schooling and Skill Education (BOSSE), Sikkim, for Senor Secondary, and he passed the examination conducted by the Board. Ext.P7 gives the details of the marks cum certificate issued by the 3rd respondent, and it is seen that he has passed the examination held in April 2023, and a certificate was issued on

31.05.2023. On the basis of the above certificate, he sought admission for B.Voc. in Sports Nutrition and Physiotherapy at St. Albert's College, Ernakulam. The petitioner was directed by the College authorities to produce an eligibility certificate indicating W.P.(C)No.27057/2023 3 that the certificate granted by the 3rd respondent is sufficient for joining the degree course in St.Albert's College, affiliated with the 4th respondent University. The petitioner approached the University. By Ext.P12 order dated 20.07.2023, the 4th respondent rejected the request of the petitioner for an eligibility certificate, stating that instead of going through the regular mode of studying 10+2, the petitioner has undergone a one-time sitting in the examination conducted by the 3rd respondent and hence eligibility certificate cannot be granted for the purpose of continuing studies under the Colleges affiliated to the 4th respondent University. It is stated in the order that the University is granting eligibility only for private/open school examinations, which are conducted in the regular mode of 10+2. It is in the above circumstances that the petitioner has approached this Court.

2. The Standing Counsel for the 4th respondent University has filed a statement stating that since the petitioner had undergone the examination on a single sitting mode, it cannot be considered for the purpose of eligibility. It is further stated that open school examinations are recognised and granted eligibility certificate, provided the candidate undergoes the examinations under the 10+2 mode. It is also stated that the only exception is W.P.(C)No.27057/2023 4 the one year programme under the National Institute of Open Schooling (NIOS), which is conducted by the Ministry of Human Resource Development, Government of India and has been duly recognised by the Academic Council of the 4th respondent University. It is further stated that one-year programmes conducted by the Bihar Board Examinations is not recognised.

3. The petitioner has thereafter filed reply affidavits producing documents to show that the 3rd respondent is a Board that has been recognised by the Ministry of Education, Government of India. Documents are also produced to show that the 3rd respondent has been granted recognition by the Department of School Education and Literacy, Ministry of Education, Government of India, and has been granted membership of COBSE on 05.01.2023. The petitioner has also produced the notification issued by the Government of India on

15.11.2021, which states that equivalence granted by the Association of Indian Universities will be automatically considered as inter se parity between the Boards in India, permitting smooth inter-school Education Board Migrations. The Association of Indian Universities has included the 3rd respondent in the list of recognised Boards. The National Institute of Open Schooling has, W.P.(C)No.27057/2023 5 in a reply under the Right to Information Act, given information that the Senior Secondary Course conducted by the 3rd respondent is treated as equivalent to the Senior Secondary Course conducted by the NIOS. However, the above-said documents may not be sufficient to state that the 4th respondent is bound by recognition granted by the NIOS or the Association of Indian Universities. The grant of equivalence or eligibility are matters governed by the University Statutes and Regulations, and this Court cannot, in its exercise of power under Article 226 of the Constitution of India, direct the University to follow a different procedure than what is available in the Statutes. It is for the University to consider whether the certificate granted by the 3rd respondent should be treated as equivalent or as an eligibility for pursuing courses under the University. As stated in the statement of the Standing Counsel for the 4th respondent, the Academic Council has, on 06.03.2021, decided to recognise the Senior Secondary/Higher Secondary Programmes private/open of two-year duration under 10+2 mode conducted by various Boards, which are members of the Council of Board of School Education. The above decision does not apply to a course which is not undergone under the 10+2 mode with two year duration. It is settled law that equivalance is a technical W.P.(C)No.27057/2023 6 matter which has to be decided by the Academic Body [See Guru Nanak Dev University v. Sanjay Kumar Katwal & Anr. (2008 KHC 6967)] The petitioner is hence not entitled to the reliefs prayed for. The writ petition fails and is dismissed. Sd/- T.R. RAVI JUDGE W.P.(C)No.27057/2023 7 PETITIONER EXHIBITS APPENDIX OF WP(C) 27057/2023 Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE CAMBRIDGE ASSESSMENT INTERNATIONAL EDUCATION FOR THE INTERNATIONAL GENERAL CERTIFICATE OF SECONDARY EDUCATION FOR THE EXAMINATION SERIES HELD IN JUNE 2021 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA CRICKET ASSOCIATION DATED 08.08.2022 TO THE PETITIONER FOR HIS HAVING PARTICIPATED 'UNDER 19' (SOUTH ZONE), HELD AT THIRUVANANTHAPURAM TRUE COPY OF THE CERTIFICATE TO THE PETITIONER DATED 04.05.2023 CERTIFYING THAT THE PETITIONER HAS REPRESENTED 'UNDER 19' PATHANAMTHITTA DISTRICT TEAM AND WAS SELECTED FOR KERALA SOUTH ZONE TEAM 2023-24 TRUE COPY OF THE RELEVANT PORTIONS OF THE PROSPECTUS PUBLISHED BY BOSSE ISSUED BY THE 3RD RESPONDENT GRANTING ADMISSION TO ELIGIBLE CANDIDATES Exhibit P5 TRUE COPY OF THE CERTIFICATE OF ACCREDITATION ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 28.10.2021 Exhibit P6 TRUE COPY OF THE IDENTITY CARD BEARING ENROLLMENT NO. 2022 3002 031ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE CERTIFICATE-CUM-MARK SHEET FOR HAVING PASSED THE SENIOR SECONDARY EXAMINATION CONDUCTED BY THE 3RD RESPONDENT DATED 31.05.2023 Exhibit P8 TRUE COPY OF THE MIGRATION CUM TRANSFER CERTIFICATE DATED 31.05.2023 TO THE PETITIONER Exhibit P9 TRUE COPY OF THE ALLOTMENT MEMO NO. 5647 DATED 22.06.2023 ISSUED BY THE ST. ALBERT'S COLLEGE, ERNAKULAM Exhibit P10 TRUE COPY OF THE PAYING SLIP ISSUED BY THE ST. ALBERT'S COLLEGE DATED 22.06.2023 TO THE PETITIONER Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 27.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE VICE CHANCELLOR OF THE 4TH RESPONDENT W.P.(C)No.27057/2023 8 Exhibit P12 TRUE COPY OF THE LETTER BEARING NO. 14779/AC D- 2/2022/ACAD DATED 20.07.2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P13 TRUE COPY OF THE INFORMATION PUBLISHED BY THE 4TH RESPONDENT IN ITS WEBSITE WITH REGARD TO THE RECOGNIZED COURSES TREATED AS ELIGIBLE EDUCATIONAL QUALIFICATION FOR DEGREE COURSES CONDUCTED BY THE 4TH RESPONDENT Exhibit P14 TRUE COPY OF THE LETTER DATED 09.04.2021 ISSUED BY THE NATIONAL INSTITUTE OF OPEN SCHOOLING GOVT. OF INDIA, DELHI (NIOS) TO THE 3RD RESPONDENT Exhibit P15 TRUE COPY OF THE LETTER DATED 20.03.2023 ISSUED BY THE JOINT, REGISTRAR, CUSAT TO THE VICE CHAIRPERSON OF THE 3RD RESPONDENT Exhibit P16 TRUE COPY OF THE LETTER DATED 02.08.2022 ISSUED BY REGISTRAR, MANGALAYATAN, UNIVERSITY, ALIGARH, U.P. TO THE VICE CHAIRPERSON OF THE 3RD RESPONDENT Exhibit P17 TRUE COPY OF THE LETTER DATED 30.06.2022 ISSUED BY THE CONTROLLER OF EXAMINATIONS, TEZPUR UNIVERSITY (CENTRAL UNIVERSITY), ASSAM TO THE VICE CHAIRPERSON OF THE 3RD RESPONDENT Exhibit P18 TRUE COPY OF THE LETTER DATED 11.04.2022 ISSUED BY THE REGISTRAR OF CENTRAL UNIVERSITY OF KASHMIR TO THE VICE CHAIRPERSON OF THE 3RD RESPONDENT Exhibit P19 TRUE COPY OF COMMUNICATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT, 2005 FROM THE NATIONAL LAW INSTITUTE UNIVERSITY, MADHYA PRADESH, TO THE 3RD RESPONDENT Exhibit P20 TRUE COPY OF COMMUNICATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT, 2005 FROM THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY (IGNOU), NEW DELHI ON 01.06.2021 TO THE 3RD RESPONDENT Exhibit P21 TRUE COPY OF COMMUNICATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT, 2005 FROM THE ANNAMALAI UNIVERSITY, TAMIL NADU ON 28.01.2022 TO THE 3RD RESPONDENT Exhibit P22 TRUE COPY OF THE COMMUNICATION DATED 09.06.2021 ISSUED BY THE ASSOCIATION OF INDIAN UNIVERSITIES TO THE DIRECTOR, EDUCATION DEPARTMENT, W.P.(C)No.27057/2023 9 GOVERNMENT OF SIKKIM, TASHILING, GANGTOK-737101 Exhibit P23 TRUE COPY OF THE GAZETTE NOTIFICATION BEARING NO. F.11-3/2016-SCH.3 DATED 15.11.2021 IN THE GAZETTE OF INDIA PART I SESSION 1 ISSUED BY THE GOVERNMENT OF INDIA Exhibit P24 TRUE COPY OF THE MEMBERSHIP LIST PUBLISHED BY COBSE WITH THE NAME OF THE 3RD RESPONDENT AS ITS MEMBER Exhibit P25 TRUE COPY OF THE LATEST LIST OF SCHOOL EDUCATION BOARD IN INDIA PUBLISHED BY THE MINISTRY OF EDUCATION, GOVERMENT OF INDIA IN THEIR WEBSITE Exhibit P26 TRUE COPY OF THE LETTER DATED 14.10.2023 ISSUED BY THE 3RD RESPONDENT BOSSE TO THE PETITIONER Exhibit P27 TRUE COPY OF THE QUERY DATED 26.09.2023 ISSUED BY THE PETITIONER'S FRIEND CHARLIE PETER TO THE ASSOCIATION OF INDIAN UNIVERSITIES Exhibit P28 TRUE COPY OF THE REPLY DATED 10.10.2023 RECEIVED BY CHARLIE PETER TO THE QUERY RAISED BY HIM TO THE ASSOCIATION OF INDIAN UNIVERSITIES (AIU) Exhibit P29 TRUE COPY OF THE REQUEST SUBMITTED BY PETITIONER'S FRIEND UNDER THE RIGHT TO INFORMATION ACT BEFORE THE ASSOCIATION OF INDIAN UNIVERSITIES (AIU) DATED 25.10.2023 Exhibit P30 TRUE COPY OF THE REPLY DATED 02.11.2023 TO EXHIBIT P29 ISSUED BY PETITIONER'S FRIEND CHARLIE PETER UNDER THE RIGHT TO INFORMATION ACT Exhibit P31 TRUE COPY OF THE REQUEST FOR INFORMATION SUBMITTED BY PETITIONER'S FRIEND CHARLIE PETER BEFORE THE NATIONAL INSTITUTE OF OPEN SCHOOLING DATED 21.10.2023 Exhibit P32 TRUE COPY OF THE REPLY ISSUED BY THE NATIONAL INSTITUTE OF OPEN SCHOOLING REPLIED UNDER THE RIGHT TO INFORMATION ACT ON 10.11.2023