WP(C) NO. 11602 OF 2025 1 2025:KER:24318 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 WP(C) NO. 11602 OF 2025 PETITIONER: VIJITH.V AGED 31 YEARS S/O.C.VIJAYAN, A.V.BHAVAN, KOKKOTTUKONAN, VENJARAMOODU.P.O., THIRUVANANTHAPURAM, PIN - 695607 BY ADVS. LINDONS C.DAVIS E.U.DHANYA N.S.SHAMILA CHINJU P. JOYIES SANJANA S ANAND RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMABALAM, THIRUVANANTHAPURAM, PIN - 695033 3 MANAGING DIRECTOR, KERALA WATER AUTHORITY JALA BHAVAN, VELLAYAMABALAM, THIRUVANANTHAPURAM, PIN - 695033 4 KERALA PUBLIC SERVICE COMMISSION , REPRESENTED BY ITS SECRETARY. THULASI HILLS, PATTOM. P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695004 WP(C) NO. 11602 OF 2025 2 2025:KER:24318 5 UNIVERSITY GRANTS COMMISSION (UGC) , REPRESENTED BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, NEW DELHI, PIN - 110011 SRI.P.M. JOHNY-SC, SRI.P.C. SASIDHARAN-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11602 OF 2025 3 2025:KER:24318 JUDGMENT The petitioner has been working as a Watchman in the Kerala Water Authority (KWA) since 12.08.2021 pursuant to the selection held for the said post. 2. The Kerala Public Service Commission (KPSC) issued a notification inviting applications for filling up three vacancies of the Lower Division Typist by way of ‘by transfer’. The qualifications prescribed for appointment to the post of LD Typist (by transfer) are as under: 1. Degree in any discipline. 2. Typewriting in (English) (KGTE) Lower or its equivalent. 3. Typewriting in (Malayalam) (KGTE) Lower or its equivalent. 4. Diploma in Computer Application (DCA) after undergoing a course of study of not less than 6 months from an institution run/recognised by the Government of Kerala or quasi-Government institution in Kerala. 3. The petitioner has obtained a degree from Annamalai University, Chennai, which is a Statutory University established by WP(C) NO. 11602 OF 2025 4 2025:KER:24318 an Act of the Tamil Nadu State Legislature. The degree obtained by the petitioner (Bachelor of Arts) was under Distance Education Programme of the University travelling beyond the boundary of the State of Tamil Nadu. 4. The University Grants Commission (UGC) issued a Public Notice on the Examination Centres for Distance Education Programme dated 19.07.2016, stating therein that it has come to the notice of the UGC that some institutions/Universities/institutions Deemed to be Universities conducting examinations for their Open and Distance Learning (ODL) Programmes outside the State of their location or beyond their territorial jurisdiction. Such examinations are wholly illegal. With respect to the territorial jurisdiction and off-campuses/study centres, the matter had been clearly articulated by the University Grants Commission in its Public Notice dated 27.06.2023, which is available on the UGC website as ‘www.ugc.ac.in’. The University Grants Commission directed all institutions to follow the UGC Policy on Open and Distance Learning Programme norms and territorial jurisdiction on setting up examination centres for distance WP(C) NO. 11602 OF 2025 5 2025:KER:24318 education. 5. The submission of the learned counsel for the petitioner is that the UGC for the first time in 2017, has said that the Distance Learning Programme offered by the State Universities outside their territorial jurisdiction or beyond the boundaries of the State of their location would not be valid. However, the said policy was in vogue since 2013 itself. Thus, the degree obtained by the petitioner through the Distance Learning Programme of Annamalai University is not a valid degree. As the petitioner did not have a valid degree, the KPSC has rightly rejected his application as he does not possess the valid educational qualification to hold the post of LD Typist. I find no substance in this Writ Petition and the same is hereby dismissed. Sd/-D. K. SINGH JUDGE lsn WP(C) NO. 11602 OF 2025 6 2025:KER:24318 APPENDIX OF WP(C) 11602/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE KPSC NOTIFICATION WITH CATEGORY NO.250/2023 FOR THE POST OF LOWER DIVISION TYPIST (BY TRANSFER) IN KERALA WATER AUTHORITY Exhibit P2 A COPY OF THE ADMISSION TICKET (PROVISIONAL) OF THE PETITIONER WITH REGISTER NO.Z1005297 FOR THE POST OF LOWER DIVISION TYPIST (BY TRANSFER) IN KERALA WATER AUTHORITY WITH CATEGORY NO.250/2023 ISSUED BY THE KPSC Exhibit P3 A COPY OF PRINT OUT OF THE MESSAGES IN THE DASH BOARD OF THE PETITIONER IN KPSC WEBSITE Exhibit P4 A COPY OF THE DEGREE CERTIFICATE IN SOCIOLOGY OF THE PETITIONER ISSUED FROM ANNAMALAI UNIVERSITY Exhibit P5 A COPY OF THE TRANSFER CERTIFICATE DATED 21.10.2019 ISSUED FROM THE ANNAMALAI UNIVERSITY TO THE PETITIONER Exhibit P6 A COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 01.04.2022 TO THE PETITIONER Exhibit P7 A COPY OF THE G.O (MS) NO.526 DATED 17.07.1965 OF THE GOVERNMENT OF KERALA PUBLISHED IN THE OFFICIAL WEBSITE OF KPSC Exhibit P8 A TRUE COPY OF THE LETTER F.NO.1-2/2015 (DEB-III) DATED 25.03.2022 OF UNIVERSITY GRANTS COMMISSION Exhibit P9 A COPY OF THE FIRST ENGLISH PAGE OF UGC (OPEN AND DISTANCE EDUCATION) REGULATIONS, 2017 NOTIFIED IN INDIA GAZETTE DATED 23.06.2017 Exhibit P10 A COPY OF THE PUBLIC NOTICE F.NO.74-4/2017 (DEB) ISSUED BY THE UGC DATED 17.07.2017 WP(C) NO. 11602 OF 2025 7 2025:KER:24318 Exhibit P11 A COPY OF UGC PUBLIC NOTICE F.NO. 12-9/2016 (DEB-III) DATED 19.07.2016 Exhibit P12 A COPY OF THE COMMON JUDGMENT IN W.A.NO.606/2015 AND CONNECTED CASES DELIVERED ON 20.01.2023 OF THE HONOURABLE HIGH COURT OF MADRAS Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 05.07.2023 IN SPECIAL LEAVE PETITION (CIVIL) DIARY NO(S).16604/2023 BEFORE THE HONOURABLE SUPREME COURT