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Cochin University Of Science & Technology, Represented By Its Registrar, Ernakulam & Another v/s George Thomas & Others

    W.A. No. 1190 of 2021

    Decided On, 22 September 2021

    At, High Court of Kerala

    By, THE HONOURABLE CHIEF JUSTICE MR. S. MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P. CHALY

    For the Petitioners: S.P. Aravindakshan Pillay, Advocate. For the Respondents: M.P. Madhavankutty, Advocate, S. Krishnamoorthy, CGC.



Judgment Text

S. Manikumar, CJ.

1. Instant Writ Appeal is filed challenging the judgment in W.P(C).No.11386 of 2020 dated 13.7.2021.

2. Cochin University of Science and Technology (CUSAT) represented by its Registrar and Joint Registrar (Academic) CUSAT/Respondents 2 and 3 in W.P.(C) No.11386/2020 are the appellants herein.

3. Writ Petition was filed by the 1st respondent, who is working as a Secretary of Nedumkunnam South Service Co-operative Bank Ltd. No.1271, praying to quash Ext.P6 order of the 1st appellant University rejecting his request for recognizing MBA Degree, secured by him, from Sikkim Manipal University and for a direction to the appellant University, to declare that MBA Degree awarded by Sikkim Manipal University by distance education programme is valid for all purposes.

4. Before the Writ Court, a counter affidavit has been filed on behalf of the 1st appellant University explaining that the decision of the University to decline recognition to MBA Degree of the 1st respondent is in accordance with the resolution dated 28.03.2014 of the Academic Council of the University, by which, it was resolved to recognise those Distance Education Degrees/Diplomas awarded by Statutory Universities of the State/Central Government which are recognized by the UGC in conformity with UGC notification of specification of Degrees for education/employment purpose in the University.

5. The petitioner has filed a reply affidavit to the counter affidavit filed on behalf of the 2nd respondent. Relevant portions of the same reads thus:

“2. The above writ petition has been filed by me mainly for the issuance of a writ of certiorari to quash Exhibit P6 as illegal and arbitrary among other reliefs. A counter affidavit is filed by the 2nd respondent in this case. All the averments contained in the above counter affidavit are incorrect and hence denied.

3. Regarding the averments contained in paragraph number 4 of the counter affidavit, it is submitted as follows. By virtue of Exhibits R2(a) and R2(b) it has been resolved to recognize those distance education degrees/diplomas awarded by statutory universities of the State/Central Government which are recognized by the UGC in conformity with UGC notification of specification of degrees for education/employment purpose in the university. It is further stated by the 2nd respondent that, Exhibits R2(a) and R2(b) orders are still in force. Exhibit R2(a) and R2 (b) orders are against the letter dated 14.10.2013 bearing No. UGC/DEB/2013 of the University Grants Commission. The 2nd respondent cannot water down the above mandate of the U.G.C by limiting distance education programs recognition for education/employment purpose in the university.

4. Regarding the averments contained in paragraph number 5 of the counter affidavit, it is submitted as follows. There is no need to challenge Exhibits R2(a) and R2 (b) by the petitioner. Exhibit P6 has been challenged by the petitioner. It is having the essence of Exhibits R2(a) and R2(b).

5. Regarding the averments contained in paragraph number 6 of the counter affidavit, it is submitted as follows. It is true that Exhibit P4 is prior to Exhibits R2(a) and R2(5). But R2(a) and R2(b) are against the meaning and spirit of the U.G.C letter dated 14.10.2013. Exhibits R2(a) and R2(6) are illegal and arbitrary.”

6. After considering the rival submissions and material on record, writ court, vide judgment dated 13.7.2021, allowed the Writ Petition holding that the Registrar of Co-operative Societies ought not to have called upon the 1st respondent to obtain the certificate of recognition, once the writ petitioner was given employment on the basis of the said Degree and quashed the impugned action of the 3rd respondent/2nd appellant herein, stating it to be wholly fallacious, repugnant and arbitrary. Directions were issued to the University to recognize the Degree for the purpose of awarding of increments, permissible in accordance with the applicability of Co-operative Society Rules or any other rules of employment applicable.

7. Assailing the correctness of the said judgment, writ appeal is filed on the following grounds:

A) The learned Single Judge proceeded on the erroneous assumption that the 1st respondent was given appointment in the Bank on the basis of the MBA Degree for which he had sought recognition from the 1st appellant University. The qualification of MBA Degree was obtained by the 1st respondent after entry in service. He was not given employment based on the said Degree. He sought for recognition of the Degree for the purpose of earning increment based on Ext.P2 circular.

B) The finding of the learned Single Judge that the impugned action of the 3rd respondent/2nd appellant is wholly fallacious, repugnant and arbitrary is on the erroneous assumption that it was he who had called upon the 1st respondent to obtain the certificate of recognition for earning increment. The 3rd respondent/2nd appellant had only authenticated Ext.P6 order, issued by the Registrar of the 1st appellant University, which was impugned in the Writ Petition.

C) Appellants had not directed the 1st respondent to obtain the certificate of recognition. The employer of the 1st respondent viz. Nedumkunnam South Service Co-operative Bank Ltd. No.1271 which was a necessary party had not been impleaded in the Writ Petition by the 1st respondent. Therefore, it ought to nave been dismissed on the ground of non-joinder of necessary parties.

D) The learned Single Judge lost sight of the fact that as early as 08.05.2019 the University had rejected the request of the 1st respondent for recognition of his MBA Degree. That order was not challenged by the 1st respondent in the Writ Petition.

E) The learned Single Judge ought to have found that Ext.P4 was issued to another person at a time when there was no decision of the Academic Council like the one implemented by Exts.R2(a) and R2(b).

F) The learned Single Judge ought to have found that issuance of recognition/equivalency certificate by the University is governed by the decision of the Academic Council in its meeting held on 28.03.2014, which was implemented by Exts.R2(a) and R2(b) orders are still in force. There was no challenge against Exts.R2(a) and R2(b). Therefore, the learned Single Judge ought not to have interfered with Ext.P6 order.

G) The learned Single Judge ought to have found that since the petitioner had not challenged in the Writ Petition the decision dated 28.03.2014 of the Academic Council of the University or Exts.R2(a) and R2(b) orders implementing the same, there was nothing illegal in the issuance of Ext.P6 and therefore, ought not to have granted any relief to the1st respondent.

8. Mr. Peter Jose Christo, learned counsel for the appellant University made submissions on the above said grounds. That apart, inviting the attention of this Court to Ext.R2(a), proceedings of the Cochin University of Science and Technology dated 7.7.2014, he submitted that pursuant to the letter No.UGC/DEB/2013 dated 14.10.2013 of the University Grants Commission, the Academic Council of the said University recognized the distance education degrees/diplomas awarded by Statutory Universities of the State/Central Government, which are recognised by the University Grants Commission, in conformity with the UGC notification on specification of Degrees/Diplomas should be treated as equivalent to the corresponding awards of Degrees/Diploma/Certificates of the traditional Universities/ Institutions in the country, Academic Council of the Cochin University of Science and Technology has taken a decision, Exhibit R2(a), that such recognition is only for education/employment purpose in the university. However, he tried to make a distinction between recognition and equivalence.

9. When attention of learned counsel for University was invited to a certificate dated 18.7.2011 issued by the Joint Registrar (Academic), Cochin University of Science and Technology, by which, a certificate was issued, to one Mr.Harihara Bhrahma Mohanan, recognizing the Degree programme of Sikkim Manipal University, Gangtok, a statutory University recognised by University Grants Commission and the Distance Education Council, New Delhi, Mr. Peter Jose Christo, learned counsel for the University submitted that the said certificate was issued in the year 2011, but then, the University has taken a decision in Ext.R2(a) dated 7.7.2014 recognising those Distance Education Degrees/Diplomas awarded by Statutory Universities of the State/Central Government which are recognized by the UGC in conformity with UGC notification of specification of degrees for education/employment purpose in the University.

10. Referring to the averments made in the reply affidavit dated 6/8/2020 and the contents of the letter dated 14.10.2013 of the University Grants Commission and the Distance Education Council, New Delhi, referred to in Ext.R2(a) order dated 7.7.2014, Mr. Peter Jose Christo, learned counsel for the appellants submitted that when the degree/diploma certificates were awarded by open and distance learning institutions, recognised by UGC, were not treated as equivalent to the corresponding award of degree/diploma certificates of the traditional institutions in the country, the University Grants Commission, New Delhi, vide letter dated 14.10.2013 to the Registrar/Director of all the Indian Universities (Deemed, State, Central Universities/Institutions of National importance) to treat the degree/diploma certificates awarded by Open and Distance Learning Institutions as equivalent to the degree/diploma certificates and pursuant to the said directions the Academic Council, Cochin University of Science and Technology at its meeting held on 7.7.2014 resolved to recognise all those degrees and thus Ext.R2(a) dated 7.7.2014 was issued. He further submitted that the decision of the academic council was also ratified by the syndicate by Ext.R2(b) dated 24.2.2015.

11. Per contra, based on the averments in the counter affidavit, Mr. M.P.Madhavankutty, learned cousnel for respondent No.1 submitted that having recognised the degrees/diplomas/certificates awarded by statutory university of State/Central Government, as stated supra, it is not open to the Cochin University of Science and Technology to say that MBA qualification acquired by the respondent from Sikkim Manipal University, Gangtok, a statutory University, is not recognised by the University, for the reason stated supra and thus prayed for dismissal of the said writ appeal.

12. Mr. S. Krishnamoorthy, learned counsel for the Chairman, University Grants Commission, New Delhi, 2nd respondent, categorically submitted that it is true that the said respondent has issued a letter to all the Registrars/Directors of various institutions in the country to treat the courses as equivalent and recognise the distance education courses offered by the Universities other than IGNOU, but after 2015, such courses were not directed to be recognised by the UGC. Submission of learned counsel for the UGC is placed on record.

13. Heard learned counsel for the parties and perused the materials available on record.

14. Admittedly, first respondent has obtained MBA degree from Sikkim Manipal University, Gangtok, a Statutory University recognised by the University Grants Commission.

15. While Mr.Harihara Bhrahma Mohanan has sought for a certificate from the Cochin University of Science and Technology for production before the Secretary, Alappuzha District Co-operative Bank, Joint Registrar (Academic) of the said University has issued a certificate, Ext.P4, dated 18.7.2011, as hereunder:

"COCHIN UNIVERSITY P.O,

COCHIN -682 022

KERALA, S. INDIA

NO.Ac.C3/Recog/11/iii

Dated:18.07.2011

This is to certify that all degrees/diplomas and other academic distinctions specified by the UGC under Section 22 of the UGC Act awarded by Statutory Institutions approved by the University Grants Commission, stand recognised by Cochin University of Science and Technology for the purpose of employment and higher education on a reciprocal basis.

Sikkim Manipal University, Gangtok, is a Statutory University recognised by the University Grants Commission and the Distance Education Council, New Delhi, and their degrees and diplomas stand recognised by this University.

This Certificate is issued to Sri.Harihara Bhrahma Mohanan.V Anjanam, Kuthirappanthy Ward, Alappuzha – 2, on his, request, to be produced before the Secretary, Alappuzha District Co-operative Bank.

JOINT REGISTRAR (ACADEMIC)”

16. Respondent No.1 is stated to have obtained MBA degree from Sikkim Manipal University with C grade, in the year 2015. He has joined Nedumkunnam Service Co-operative Bank Limited and serving as a Secretary of the said Bank.

17. As per Circular No.46/2015 dated 16.11.2015 of Registrar of Co-operative Societies, Kerala, if an employee is having MBA, MCA or CA, he will be entitled to increments.

18. Thus constrained, respondent No.1 has approached the Registrar, Cochin University of Science and Technology, Cochin vide Ext.P5 dated 4.3.2020 to issue a recognition certificate of the distance education MBA course from Sikkim Manipal University, Gangtok, a statutory university and recognised by University Grants Commission. Ext.P5 request reads thus:

“From

George Thomas,

Aged 51, S/o Scaria Thomas,

Anikuzhiyil House, Nedumkunnam P.O.

Changanacherry, Kottayam District.

Pin -686 542.

To

The Registrar,

Cochin University of Science and Technology,

Cochin-682 022.

Sir,

Sub: Non Issuance of Recognition Certificate

Ref: 1. My application dated 10.04.2019

2. Your Reply Letter dated 8.05.2019 bearing No. Ac.C3/ Recog/2019

1. I am presently working as the Secretary of the Nedumkunnam Service Co-operative Bank. I have acquired MBA (Master of Business Administration) degree from Sikkim Manipal University. The above university is approved by University Grants Commission and it is Distance Education Council approved university. I passed the above degree with C Grade in the year 2015.

2. Being so, I had applied for a recognition certificate from the Cochin University. As per Circular No. H6/2015 dated 16.11.2015 of the Registrar of Societies, if an employee is having M.B.A, M.C.A or C.A. they will be entitled for increments.

3. However to my dismay, I received a letter in reply from your good self that the Academic Council or the University on 28.03.2014 decided to recognize the distance education degrees recognized by UGC only for the purpose of Education/Employment in the University with immediate effect on 08.05.2019 as of which the Certificate could not be issued to me.

4. To be specific, I had joined the course which started in May, 2013. The resolution of the Academic Council to recognize distance education degree only for education/employment in the University was passed only on 28.03.2014. Before 28.03.2014, the above distance education degree has been recognized by Cochin University for employment and higher education. I had pursued and started the distance education course in the belief and trust in the existing norms of the Cochin University at that time and the rule that was valid at the starting point of my course.

So it is humbly requested that yourself may kindly issue me the Recognition certificate, for the distance education M.B.A course of the Sikkim Manipal University.

Thanking you.

Yours faithfully,

George Thomas

Place: Changanacherry

Date: 04.03.2020”

19. Responding to the above, Cochin University of Science and Technology has sent a reply dated 21.5.2020, Ext.P6, stating that the application cannot be considered for recognition by the University. For brevity, Ext.P6 is reproduced:

“COCHIN UNIVERSITY P.O,

COCHIN -682 022

KERALA, S. INDIA

NO.Ac.C3/Recognition of Degrees/2020

Dated:21.05.2020

From

The Registrar

To

Sri. George Thomas

S/o Scaria Thomas

Anikuzhiyil House

Nedumkunnam P O

Changanacherry

Kottayam 686 542

Sir,

Sub: Issuance of recognition certificate -Reg

Ref: Your letter No.Nil dated 4.3.2020.

Cochin University of Science and Technology recognises all regular/ODL Degrees/Diplomas awarded by Statutory Universities of the State/Central Government which are recognized by UGC in conformity with UGC notification of specification of degrees, on the basis of individual application only for the purpose of employment/higher studies in the Cochin University of Science and Technology. Hence the degree mentioned in your application cannot be considered for recognition by the University.

Yours faithfully,

VENKITESWARAN.M.

JOINT REGISTRAR (ACADEMIC)

for REGISTRAR”

20. As stated supra, when Mr. Harihara Bhrahma Mohanan sought for issuance of a certificate to be produced before the Secretary, Alappuzha District Co-operative Bank, Joint Registrar (Academic) has issued Ext.P4 certificate dated 18.7.2011.

21. Perusal of the same shows that in 2011, the University has taken a decision to recognise the degree/diplomas and other academic distinctions specified by the UGC under Section 22 of the UGC Act awarded by Statutory Institutions approved by the University Grants Commission for the purpose of employment and higher education on reciprocal basis.

22. From the perusal of Ext.P5 it could also be seen that first respondent has passed MBA from Sikkim Manipal University, a statutory University in the year 2015. At this juncture, contention of learned counsel for the University Grants Commission, New Delhi, respondent No.2, assumes significance that till 2015 all the degrees/diplomas and other academic programmes offered by the statutory institutions recognised by University Grants Commission, were directed to be recognised.

23. As respondent had passed MBA degree from Sikkim Manipal University before 2015, directions issued by University Grants Commission for recognising the courses have to be applied.

24. In as much as reliance has been made on Ext.R2(a) dated 7.7.2014 issued by Cochin University of Science and Technology, let us reproduce the same:

COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY

(Abstract)

Degrees through distance education - Granting recognition - Sanctioned – Orders issued.

----------------------------------------------------------------------

ACADEMIC ‘C’ SECTION

No.Ac.C3/Equi/11 Dated. Kochi – 22, 07.07.2014

----------------------------------------------------------------------

Read:(1) Letter No.UGC/DEB/2013 dated 14.10.2013 from the University Grants Commission.

(2) Resolution No.60 of the Academic Council at its meeting held on 28.03.2014.

(3) U.O.Ac.C3/Equi/11 dated 22.02.2013.

ORDER

The University had not been recognising distance education courses offered by Universities other than IGNOU as per U.O. read (3) above. The Director (Admn.) University Grants Commission, vide the letter read as paper (1) had requested all Universities to recognize the Degrees/Diplomas/Certificates awarded for programmes conducted by the Open and Distance Learning institutions, recognized by DEC (erstwhile) and UGC in conformity with UGC notification of specification of degrees should be treated as equivalent to the corresponding awards of Degree/Diploma/Certificate of the traditional Universities/Institutions in the country.

The Academic Council of the University considered the matter at its meeting held on 28.03.2014 and resolved to recognise those Distance Education Degrees/Diplomas awarded by Statutory Universities of the State/Central Government which are recognized by the UGC in conformity with UGC notification of specification of degrees for education/employment purpose in the University. Having considered the resolution, the Vice-Chancellor, invoking his powers under Section 11(11) of CUSAT Act, 1986, ordered to implement the resolution of the Academic Council with effect from the date of the meeting of the Academic Council, subject to ratification by the Syndicate. Orders are issued accordingly.

Sd/-

Dr. K. SAJAN

PROFESSOR IN-CHARGE OF REGISTRAR”

25. Perusal of Ext.R2(a) makes it clear that since 20.2.2013, as per reference 3rd cited in Ext.R2(a), U.O.Ac.C3/Equi/11, Cochin University of Science and Technology has not recognised distance education courses offered by Universities, other than IGNOU. However, acting on the letter No.UGC/DEB/2013 dated 14.10.2013 issued by University Grants Commission, the Academic Council of the said University in its meeting held on 28.3.2014 has resolved to recognise the distance education degrees/diplomas awarded by statutory universities of the State/Central Government, which are recognised by the UGC, in conformity with UGC notification on specification of Degrees should be treated as equivalent to the corresponding awards of the Degree/Diploma/Certificate of the traditional Universities/ institutions in the country for education/employment purpose in the University.

26. In as much as reference has been made to the letter dated 14.10.2013, let us understand as to what the University Grants Commission, New Delhi, has intended and directed.

27. Letter dated 14.10.2013 of the University Grants Commission addressed to the Registrar/Director of all the Indian Universities (Deemed, State, Central Universities/Institutions of National importance), is reproduced:

“University Grants Commission

Bahadur Shah Zafar Marg, NewDelhi-110 002

F.No.UGC/DEB/2013

Dated14.10.2013

The Registrar/Director

Of all the Indian Universities

(Deemed, State, Central Universities/ Institutions of National importance)

Subject:

Equivalence of Degrees awarded by Open and Distance Learning (ODL) institutions at par with Conventional Universities/Institutions

Sir/ Madam,

There are a number of Open and Distance Learning Institutions (ODLIs) in the country offering Degree/ Diploma/Certificate programmes through the mode of non formal education. These comprise Open Universities, Distance Education Institutions (either single mode or dual mode) of Central Universities, State Universities, Deemed to be Universities, Institutions of National Importance or any other Institution of Higher learning recognized by Central/State/Statutory Council/Societies registered under the Society Registration Act 1860.

2. A circular was earlier issued vide UGC letter F1 No- 52/2000(CPP-II) dated May 05, 2004 (copy enclosed) mentioning that Degrees/Diplomas Certificates/ awarded by the Open Universities in conformity with the UGC notification of degrees be treated as equivalent to corresponding awards of the traditional Universities in the country.

3. Attention is also invited to UGC circular No F1-25/93(CPPII) dated 28th July 1993 (copy enclosed) for recognition of degrees and diplomas as well as transfer of credit for courses successfully completed by students between the two types of universities so that the mobility of students from Open University stream to traditional universities/ institutions is ensured without any difficulty.

4 The Government of India, in exercise of its power conferred under section 20(1) of UGC Act 1956, issued directions dated 29th December 2012 entrusting UGC with the responsibility of regulating higher education programme in open and distance learning (ODL) mode. Consequently, Universities/Institutions desirous of offering any programme through mode would require recognition of UGc.

5. As you are aware, the Government of India has envisaged a greater role for the Open and the Distance Education System. The envisioned role may be fulfilled by recognizing and treating the Degrees Diplomas/ Certificates awarded through distance mode at par with the degrees obtained through the formal system of education. Open and Distance Education System in the country is contributing a lot in expansion of Higher Education and for achieving target of GER, without compromising on quality. Non recognition/ non equivalence of degrees of ODL institutions for the purpose of promotion/ employment and pursuing higher education may prove a deterrent to many learners and will ultimately defeat the purpose of Open and Distance Education.

6. Accordingly, the Degrees/ Diplomas/ Certificates awarded for programmes conducted by the ODL institutions, recognized by DEC (erstwhile) and UGC, in conformity with UGC Notification on specification of Degrees should be treated as equivalent to the corresponding awards of the Degree/Diploma/Certificate of the traditional Universities/ institutions in the country.

Sd/-

(Vikram Sahay)

Director (Admn.)”

28. Reading of the very subject of the said letter dated 14.10.2013 makes it clear that the University Grants Commission, New Delhi has made it clear that degrees awarded by Open and Distance Learning (ODL) institutions were not treated, as equivalent by the traditional universities/institutions and that is why the Director (University Grants Commission) has addressed the abovesaid authorities to recognise the degrees and diplomas of the open and distance learning institutions.

29. That decision has been taken by the University Grants Commission, New Delhi. After discussing the reasons for uniformity in a matter of recognition/equivalence of the degrees awarded by the open and distance learning institutions for the purpose of promotion/ employment and pursuing higher education, and at the risk of repetition we reproduce, paragraph 6 of the said letter dated 14.10.2013 of the University Grants Commission, New Delhi, hereunder:

“Accordingly, the Degrees/Diplomas/Certificates awarded for programmes conducted by the ODL institutions recognised by DEC (erstwhile) and UGC, in conformity with UGC Notification on specification of Degrees should be treated as equivalent to the corresponding awards of the Degree/Diploma/Certificate of the traditional University/Institutions in the country”

30. When the intention of the University Grants Commission, New Delhi, is to treat the degrees/diplomas/certificates awarded for the programmes conducted by open/distance educational institutions as equivalent to the corresponding award of degree/diploma/certificate of the traditional universities/institutions in the country and when such direction has also been acted upon by the Cochin University of Science and Technology by issuing Ext.R2(a) dated 7.7.2014, contention cannot be made that degrees and diplomas offered by the statutory universities of the State/Central Government, in the case on hand, Sikkim Manipal University, a statutory university, is recognised only for the purpose of education/employment purpose in the University. It is also to be noted that the direction of the UGC, New Delhi, is to make those degree/diploma/certificates, as equivalent to the corresponding awards of the Degree/Diploma/Certificate of the traditional University/Institutions in the country.

31. The first respondent has secured appointment in Nedumkunnam Service Co-operative Bank. He has completed MBA in 2015 from Sikkim Manipal University at Gangtok, a statutory university, recognised by UGC, New Delhi and sought for issuance of a recognition certificate from the Cochin University of Science and Technology.

32. When the course MBA offered by Sikkim Manipal University has been directed to be treated as equivalent to degree/diploma/ certificate programmes of the traditional university/institutions in the country, Cochin University of Science and Technology, appellant herein ought not to have issued Ext.P6 dated 21.5.2020 stating that the degree mentioned in the application of respondent No.1 cannot be considered for recognition by the University, which, in our opinion, is contrary to Ext.R2(a) dated 7.7.2014.

33. Though Mr. Peter Jose Christo, learned counsel for the University contended that decision of the University in Ext.R2(a) dated 7.7.2014 has not been challenged, we a

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re of the view that there is no need to challenge Ext.R2(a), which is only a decision to recognise degrees/diplomas/certificates offered by the open/distance education institutions. 34. It is not the contention of the University that degrees/ diplomas/certificates issued by the State/Central Government recognised by University Grants Commission offering Distance Learning Programmes are not equivalent to the degree/diplomas/certificates offered by the Cochin University of Science and Technology. 35. As stated supra, UGC in its letter dated 14.10.2013 addressed to all Registrar/Director of all the Indian Universities (Deemed, State, Central Universities/Institutions of National Importance) has directed to treat the qualifications mentioned in the said letter, as equivalent to the corresponding awards degree/diploma/certificate of the traditional universities/institutions in the country and when the abovesaid qualifications have already been recognised by the academic council and ratified by syndicate of the said university by issuance of Ext.R2(b), the University ought to have issued recognition certificate to the respondent. 36. Ext.R2(b) dated 24.2.2015 issued by the Cochin University of Science and Technology reads thus: COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (Abstract) Distance education courses - Recognition- UGC instruction-Academic Council decision -implemented by the Vice Chancellor- Ratified – Orders issued. -------------------------------------------------------------------------- ACADEMIC ‘C’ SECTION No.Ac.C3/Equi/11 Dated. Kochi – 22, 24.02.2015 -------------------------------------------------------------------------- Read:(1) U.O.Ac.C3/Equi/11 dated07.07.2014 (2) Minutes of the meeting of the Syndicate held on 12.11.2014 (item No.616.33). ORDER The Academic Council of the University in its meeting held on 28.3.2014, resolved to recognize those Distance Education Degrees/Diplomas awarded by Statutory Universities of the State/Central Government which are recognized by the UGC in conformity with UGC notification of specification of Degrees, for Education/Employment in the University. Considering the resolution, the Vice-Chancellor, invoking his powers under Section 11(11) of CUSAT Act, 1986, ordered to implement the resolution of the Academic Council with effect from the date of meeting of the Academic Council which was communicated vide the U.O. Read as paper 1. The Syndicate of the University considered the matter at its meeting held on 12.11.2014 and resolved to ratify the action taken by the Vice-Chancellor in implementing the Academic Council resolution as above. Orders are issued communicating the resolution. Sd/- Dr. David Peters Registrar” 37. Giving due consideration to the pleadings, submissions and the material on record, we are of the view that there is no error in the impunged judgment in W.P.(C)No.11386 of 2020 dated 13.7.2021 warranting interference. Directions issued by the writ court are sustained Writ appeal is dismissed.
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