Plea Before Kerala High Court Challenges The Mandate Of Equivalency Certificate For Masters Obtained From Universities Outside State

A petition has reached the Kerala High Court challenging the condition under the Kerala Education Rules, 1959 mandating an Equivalency certificate for master's degrees obtained from universities outside Kerala arguing that it s violative of principles of equality. Justice Bechu Kurian Thomas admitted the plea recently and the respondents sought time to file a counter in the matter As per Chapter XXXII Rule 6 of the Kerala Education Rules, 1959, a Master's degree with not less than 50% marks from any University in Kerala or a qualification recognised as equivalent is the requirement to be appointed through by-transfer or direct recruitment in Zoology to the post of Higher Secondary School Teacher (Junior).The Rule also stipulates that M.Sc degrees obtained from outside the State should be accompanied by an equivalence certificate issued by any of the Universities in the State declaring that the degree is equivalent to the M.Sc Degrees offered in Kerala. The petitioners had acquired M.Sc in Zoology from Universities outside the State and thereby qualified for by-transfer appointment to the said post. They had obtained the said qualification from statutory Universities recognised by the University Grants Commission through distance education. However, when they approached various Universities in Kerala for an equivalency certificate, the Universities refused to issue the same citing that the State does not offer part-time MSc Zoology programs. This has led to a situation where petitioners and similarly placed candidates who have obtained their M.Sc degree from Universities outside Kerala become ineligible for appointment to the post of HSST (Junior) and also further post of HSST and Principal, contended the petitioners. They also pointed out that as per M. Mohanan Nair v. State of Kerala & Ors [(1994)2 KLT 537], it has been held that recognition of qualification by the Kerala University is not relevant for the recognition of qualifications by the Government. In the said decision, the High Court had ruled that distance education or continuing education is often erroneously considered inferior to technical formal education by the attendance of regular classes. It was found that the syllabus of distance education courses was carefully drawn by academicians to match the syllabus of formal degree courses so there is no reason to consider such degrees any less than a degree from formal courses.On these grounds, it was prayed that Rules 6(1) and (2) in Chapter XXXII mandating equivalency of Master's degree obtained from the Universities in the State is discriminative and violative of Articles 14, 15 and 21 of the Constitution. The petitioners' also argued that their degrees in Zoology obtained from Universities outside Kerala are no less than a degree obtained from a University in the State, and therefore liable to be considered as a valid qualification for promotion to the post of HSST (Junior), HSST and Principal. Case Title: Ranimol K.J. & Ors v. State of Kerala & Ors.

Plea Before Kerala High Court Challenges The Mandate Of Equivalency Certificate For Masters Obtained From Universities Outside State

Hannah M Varghese

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