WP(C) NO. 12831 OF 2024 1 2025:KER:29614 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 12831 OF 2024 PETITIONER: PRAKASH S., AGED 47 YEARS S/O. SEKHARAN NAIR, U.D. CLERK, KERALA WATER AUTHORITY, CCU, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695010 RESIDING AT: GIRIJALAYAM, NEAR VILAPPIL PANCHAYATH OFFICE, PEYAD P.O., THIRUVANANTHAPURAM, PIN - 695573 BY ADVS. S. P. ARAVINDAKSHAN PILLAY N.SANTHA(S-176) PETER JOSE CHRISTO(K/1216/2004) V.VARGHESE(K/514/1996) S.A.ANAND(K/1216/2006) K.N.REMYA(K/712/2010) L.ANNAPOORNA(K/952/2013) FAIRUZ M.(K/003091/2023) ASWATHY N.(K/003414/2024) RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF WATER RESOURCES, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695010 3 MANAGING DIRECTOR, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM -, PIN - 695010 WP(C) NO. 12831 OF 2024 2 2025:KER:29614 4 CHIEF ENGINEER, KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695010 5 BIJU R K ( SOUGHT TO BE IMPLEADED ) S/O R K RAGHAVAN VAIDYAR, UD CLERK, CHIEF ENGINEERS OFFICE (NR), KERALA WATER AUTHORITY, KOZHIKODE – 673009, RESIDING AT CHIRUTHEDATH HOUSE, AVITTANALLUR, KOZHIKODE ( SOUGHT TO BE IMPLEADED ) BY ADVS. GEORGIE JOHNY S.K.ADHITHYAN SHAHINA NOUSHAD REUBEN CHARLY CHRISTY THOMAS PARVATHY KOTTOL -GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12831 OF 2024 3 2025:KER:29614 JUDGMENT The present writ petition has been filed by the petitioner, who has obtained an MCA degree from the distance education program of Annamalai University, Tamil Nadu. This Court vide judgment dated 21.03.2025 passed in W.P(C.) No.11602/2025 has already decided the issue and said that the distance learning program conducted by Annamalai University or any such university beyond their territorial jurisdiction would be invalid and illegal, and such a degree obtained by a student is not a valid degree. Paragraphs 4 and 5 of the said judgment are extracted hereunder: “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, WP(C) NO. 12831 OF 2024 4 2025:KER:29614 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 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.” In view of the aforesaid, the relief sought by the petitioner cannot be granted inasmuch as the petitioner's MCA degree is not a valid degree. Therefore, the present writ petition is hereby dismissed. Sd/- D. K. SINGH JUDGE AP WP(C) NO. 12831 OF 2024 5 2025:KER:29614 APPENDIX OF WP(C) 12831/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF KERALA WATER AUTHORITY TECHNICAL SERVICE RULES Exhibit P2 TRUE COPY OF THE CIRCULAR WITH FILE NO.KWA- JB/5062/2023-E8 DATED 07.12.2023 ISSUED BY THE CHIEF ENGINEER, KERALA WATER AUTHORITY. Exhibit P3 TRUE COPY OF THE CIRCULAR WITH FILE NO.KWA- JB/5062/2023-EB DATED 08.12.2023 ISSUED BY THE CHIEF ENGINEER, KWA. Exhibit P4 TRUE COPY OF THE LETTER NO.KWA-JB/5062/2023- EB DATED 17.01.2024. Exhibit P5 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE CHIEF ENGINEER DATED 20.01.2024 ALONG WITH THE DOCUMENTS. Exhibit P6 TRUE COPY OF THE ORDER NO. KWA-JB/5062/2024- E8 DATED 25.01.2024 ISSUED BY THE 3RD RESPONDENT. Exhibit P7 TRUE COPY OF THE INVITATION FOR INTERVIEW WITH FILE NO. KWA-JB/5062/2023-E8 DATED 25.01.2024 ISSUED BY THE CHIEF ENGINEER. Exhibit P8 TRUE COPY OF THE CIRCULAR NO.KWA/JB/E8/9583/2015 DATED 19.10.2015 ISSUED BY THE CHIEF ENGINEER. Exhibit P9 TRUE COPY OF THE UNDATED DRAFT LIST OF EMPLOYEES IN FILE NO.28959/E8/2022/KWA APPROVED BY THE MANAGING DIRECTOR 16.02.2023. Exhibit P10 TRUE COPY OF THE LETTER ISSUED BY THE MANAGING DIRECTOR ADDRESSING ADDITIONAL CHIEF SECRETARY TO GOVERNMENT WITH LETTER NO.28959/E8/2022/KWA DATED 16.02.2023. Exhibit P11 TRUE COPY OF THE LETTER NO.WS-B3/70/2021- WRD DATED 13.04.2023 ISSUED BY THE UNDER SECRETARY. Exhibit P12 True copy of the letter No. 28959/E8/2022/KWA dated 10.03.2023 of the 3rd respondent. WP(C) NO. 12831 OF 2024 6 2025:KER:29614 Exhibit P13 True copy of the order No. PLMS-TP/E/2010 dated 04.06.2015 of the Assistant Engineer, Kerala Water Authority, Water Works Palayam Section Exhibit P14 True copy of the order No.KWA/HO/TRGII/507/2018 dated 03.10.2018 of the Chief Engineer, Kerala Water Authority. Exhibit P15 True copy of the order No.KWA/HO/TRGII/530/2018 dated 06.12.2018 of the Chief Engineer, Kerala Water Authority Exhibit P16 True copy of the order No.3320/LDC III(DBU)/2021/KWA dated 27.07.2022 of the Managing Director of the Kerala Water Authority Exhibit P17 True copy of the order No.15505/AEE2/(IT)/2014/KWA dated 19.05.2018 of the Chief Engineer, KWA. Exhibit P18 True copy of the order No.3320/LDC III(DBU)/2021/KWA dated 20.07.2023 of the Secretary, Kerala Water Authority Exhibit P19 True copy of the certificate of appreciation 2013-14 by the 3rd respondent in connection with Development and Implementation of Project eAbacus, which won the first prize for Best e- Citizen Service Delivery Award, Government of Kerala.