2025:KER:29665 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 32795 OF 2023 PETITIONER: PRADEEP NARAYAN H., AGED 29 YEARS ‘INDIRA’ GUNDYADKA, P O PERLA, KASARAGOD, KERALA,, PIN – 671552. BY ADVS. MAITREYI SACHIDANANDA HEGDE ANJALI ANIL A. ASHISH ANTONY FRANCIS MUHAMMAD BIN MUHAMMAD NISSAR AKSHARA R. NAIR RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, ROOM NO. 206, SECOND FLOOR, SOUTH SANDWICH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR, LBS CENTRE FOR SCIENCE AND TECHNOLOGY, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, KERALA - PIN – 695033. 3 DEPUTY DIRECTOR, LBS CENTRE FOR SCIENCE AND TECHNOLOGY, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, W.P.(C)No.32795 of 2023 2 2025:KER:29665 KERALA - PIN – 695033. OTHER PRESENT: SRI T JAYAN G P SMT.SHAMEENA SALAHUDHEEN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.32795 of 2023 3 2025:KER:29665 JUDGMENT The petitioner who has admittedly obtained a B.Ed Degree in Sanskrit and mathematics from the Karnatak University, Dharwad, is before this Court pointing out that he had participated in the State Eligibility Test (SET) conducted by the 2nd respondent herein and has come out successful in the test. The petitioner however points out that through Ext.P10 communication dated 26.07.2023, he has been informed that unless and until he has complied with Clause 5.6 of Ext.P6 prospectus, the SET certificate could not be issued. 2. It is challenging Ext.P10 issued as above, that the captioned writ petition is filed by the petitioner herein. 3. I have heard Smt.A.Anjali Anil, the learned counsel for the petitioner, Smt.Shameena Salahudheen, the learned Standing Counsel for the 2nd and 3rd respondents herein and Sri.T.Jayan, the learned Government Pleader for 1st respondent. W.P.(C)No.32795 of 2023 4 2025:KER:29665 4. The short issue arising for consideration in this writ petition is as to the entitlement of the petitioner for the SET certificate, pursuant to the examination he has undertaken as above. 5. The petitioner has participated in the said examination pursuant to the prospectus at Ext.P6. The 2nd respondent herein seeks to rely on Clause 5.6 of the afore prospectus, as per which, if a candidate has acquired the qualification from an University, which is not recognized by the Universities in Kerala, they are first of all not eligible to appear for the examination. However, the afore Clause further goes on to hold that, if a candidate has acquired the qualification from a University outside Kerala, he has to obtain and furnish “certificate of recognition and equivalency” from any one of the Universities in Kerala. It is with reference to the afore, that the 2nd respondent has chosen not to issue the certificate to the petitioner herein. 6. On the face of the afore contention, this Court notices that the University of Kerala through Exts.P4 W.P.(C)No.32795 of 2023 5 2025:KER:29665 and P5 have held that the B.Ed Degree by the petitioner from the Karnatak University, Dharwad, is one recognized by the University of Kerala. By Ext.P5 also, a similar recognition of the same degree has been ordered by the University further finding that it is an eligible qualification for employment and higher education. 7. This court further notices that Clause 5.6 has to be read along with the further requirements under Clause 2.2. The afore clause under table No.1 speaks about 37 subjects for which examinations are to be conducted, however, adding that if the particular subject is one finding a place in table, there is no requirement for obtaining the equivalency/eligibility even if the degree is being obtained from a University outside the State of Kerala. The petitioner, upon successful completion of the examination, is seeking for declaration of results with reference to the provisions of Clause 16 of the prospectus. Clause 17 also makes it clear that equivalency is not required, if the particular subject is falling under Clause 2.2. When that be the case, insofar as W.P.(C)No.32795 of 2023 6 2025:KER:29665 the subject Sanskrit is specifically included in Table 1 under Clause 2.2, I am of the opinion that the petitioner is perfectly justified in contending that there was no requirement for a recognition/equivalency as insisted under Clause 5.6. 8. I am of the opinion that Clause 5.6 would not have any application to the facts and circumstances, of the case at hand, insofar as firstly clause 5.6 has to be read along with Clause 2.2 referred to above and secondly since as already noticed, petitioner is in possession of Exts.P4 and P5 certificates issued by the University of Kerala. 9. Apart from that, I also notice that the Karnatak University, Dharwad is a recognised University by UGC as per Ext.P8 and going by the terms of Ext.P7 Government Order dated 13.11.2018, with reference to the norms prescribed by the Government for issuance of equivalency/recognition, there is no need to obtain such an equivalency/recognition, insofar as a University which is already recognised by the UGC is concerned. W.P.(C)No.32795 of 2023 7 2025:KER:29665 10. On the whole, I am of the opinion that the petitioner is entitled to succeed in this writ petition. Resultantly, this writ petition would stand allowed by directing the 2nd respondent herein to issue the SET certificate to the petitioner, as expeditiously as possible, at any rate, within a period of four weeks from today. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.32795 of 2023 8 2025:KER:29665 APPENDIX OF WP(C) 32795/2023 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE SCREENSHOT OF THE RESULT PUBLISHED IN THE OFFICIAL WEBSITE OF THE SECOND RESPONDENT ON 01.03.2023. Exhibit P2 A COPY OF THE APPLICATION FOR ORIGINAL SET CERTIFICATE DATED 11.03.2023 SUBMITTED BY THE PETITIONER TO THE CONCERNED OFFICE. Exhibit P3 A COPY OF THE DEGREE CERTIFICATE DATED ISSUED BY THE KARNATAK UNIVERSITY, DHARWAD IN B.ED. (PEDAGOGIC SUBJECTS IN SANSKRIT AND MATHEMATICS (REGULAR). Exhibit P4 A COPY OF THE ELIGIBILITY CERTIFICATE DATED 01.02.2023 FOR B.ED. DEGREE (PEDAGOGIC SUBJECTS IN SANSKRIT AND MATHEMATICS) (REGULAR) OF KARNATAK UNIVERSITY, DHARWAD ISSUED BY THE UNIVERSITY OF KERALA. Exhibit P5 A COPY OF THE ORDER NO. 1158/2023/UOK DATED 31.01.2023 ISSUED BY KERALA UNIVERSITY. Exhibit P6 A COPY OF THE PROSPECTUS OF SET JANUARY 2023 APPROVED BY G.O.(RT) NO.5612/2022/GI.EDN. DATED 26.09.2022 ISSUED BY LBS CENTRE FOR SCIENCE & TECHNOLOGY. Exhibit P7 A COPY OF ORDER NO G.O.(MS)NO.272/2018/HEDN DATED 13.11.2018 ISSUED BY THE HIGHER EDUCATION (B) DEPARTMENT. Exhibit P8 A COPY OF THE LIST OF THE INSTITUTIONS RECOGNISED BY UGC OBTAINED FROM THE OFFICIAL WEBSITE OF THE UNIVERSITY GRANTS COMMISSION. W.P.(C)No.32795 of 2023 9 2025:KER:29665 Exhibit P9 A COPY OF THE EMAIL DATED 23.07.2023 SENT BY THE PETITIONER SUBMITTED TO THE CONCERNED OFFICE. Exhibit P10 A COPY OF THE LETTER DATED 26.07.2023 WAS ISSUED BY THE DEPUTY DIRECTOR OF LBS CENTRE FOR SCIENCE AND TECHNOLOGY. Exhibit P11 A COPY OF RECEIPT OF THE COMPLAINT DATED 04.08.2023 SUBMITTED TO THE HIGHER EDUCATION DEPARTMENT. RESPONDENT ANNEXURES ANNEXURE R2(A) A TRUE COPY OF THE REPLY RECEIVED FROM THE HIGHER EDUCATION DEPARTMENT 11.07.2019 PETITIONER EXHIBITS Exhibit P12 A COPY OF THE PRINTOUT OF THE MINIMUM QUALIFICATION OF THE CATEGORY III (HSA). Exhibit P13 A COPY OF THE K-TET CERTIFICATE ISSUED IN THE FAVOUR OF THE PETITIONER ISSUED BY GOVERNMENT OF KERALA DEPARTMENT OF GENERAL EDUCATION ON 15.05.2023.