Madhya Pradesh High Court
Satvirsingh vs Association Of Indian Universities on 1 July, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:16465
1 WP-1428-2016
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 1 st OF JULY, 2025
WRIT PETITION No. 1428 of 2016
SATVIRSINGH
Versus
ASSOCIATION OF INDIAN UNIVERSITIES AND OTHERS
Appearance:
Shri Vivek Patwa - Advocate for the petitioner.
Shri R.B.Singh - Advocate for respondent No. 1.
Shri Madhusudan Dwivedi - Advocate for respondents No. 2 and 3.
ORDER
Per: Justice Vivek Rusia This petition under Article 226 of the Constitution of India has been filed challenging the order dated 07.02.2014 and letter dated 20.04.2014 passed by respondents No. 1 and 2, respectively whereby petitioner has been denied Equivalence Certificate of Bachelor Degree obtained by him from Swinburne University of Technology, Australia.
2. Facts of the case in short are that, the petitioner passed higher secondary examination from Guru Harikishan Public School Indore and thereafter went to Australia for higher studies. Petitioner did his bachelor's degree in Diploma of Accounting, Advanced Diploma of Accounting and Bachelor of Business (Accounting) from the Swinburne University of Signature Not Verified Signed by: SREEVIDYA Signing time: 04-Jul-25 5:25:41 PM NEUTRAL CITATION NO. 2025:MPHC-IND:16465 2 WP-1428-2016 Technology, Australia on 20.10.2010. The total duration of the course was two years. Thereafter, petitioner returned to Indore (India) and took admission in respondent No.3/The Institute of Management Studies, DAVV Indore to pursue MBA (Financial Administration) which is a two years degree course. Petitioner successfully completed three semesters of the MBA (Finance) course and secured Semester Grade Point Average (SGPA) of 8.33, 8.11 and 8.11 for the first three semesters with Cumulative Grade Point Average (CGPA). Petitioner was granted admission in fourth semester and he completed the studies. Meanwhile, respondent No. 2 vide letter dated 20.04.2014 communicated the impugned order dated 07.02.2014 passed by respondent No.1 whereby the Equivalence Certificate to the degree obtained from the Swinburne University of Technology, Australia has been denied on the ground that the degree programmes was of two years only. Hence, petitioner has filed this petition challenging the action of the respondents on the ground that this objection ought to have been taken at the time of granting admission in the MBA and not at the belated stage when he has completed three semesters successfully.
3. Shri Patwa, learned counsel appearing for the petitioner submitted that the Bachelor's degree of two years obtained by the petitioner from the Swinburne University of Technology, Australia is equivalent to three years Bachelor degree programme in respondent No.2 University. The respondent No.1 is the competent authority to grant the Equivalence Certificate.
4. The respondent No.1 is an Association of Indian Universities established in the year 1925 as the Inter University Board and later registered Signature Not Verified Signed by: SREEVIDYA Signing time: 04-Jul-25 5:25:41 PM NEUTRAL CITATION NO. 2025:MPHC-IND:16465 3 WP-1428-2016 as a Society as the Association Of Indian Universities (AIU) in 1973. It is an Apex Body of Universities in the country to examine and facilitate issuance of Equivalence Certificate of Degrees awarded by the Foreign Universities to help people with foreign degrees pursue higher studies in Indian Universities. AIU is the only body in India which is recognized to grant Equivalence Certificate of the Degrees awarded by the Foreign Universities. The respondent No.1 published information brochure in respect of policies and procedure for awarding Equivalence of qualification/degree. The Equivalence Certificate is liable to be given under three conditions mentioned under Rule 25 of the Information Brochure which is reproduced below:
''25. Recognizing the difficulties faced by students on account of the fact that many a foreign universities allow students to complete their programme of studies in less than the prescribed duration either due to exemption from certain number of credits, or due to acceptance of certain credits already taken or because a student is permitted to take certain credits during vacation etc, the AIU has also started granting certain relaxation in according equivalence so long as the prescribed duration of the programme of studies is at least the same as prescribed in India. Thus, Equivalence may also be considered under the following situations.
(a) Degrees awarded in lesser duration in terms of years of studies than applicable in case of Indian universities even though the student may have completed all the credits specified by the university and/or the semesters as applicable in the case of Indian universities: While the AIU must not relax the requirements of the minimum duration of degrees, the duration should, instead shall be measured in terms of precise number of months/years, be measured in terms of completion of the number of Semesters/Trimesters and all such cases where the degrees have been awarded upon completion of as many semester/trimester as are prescribed in case of Indian universities be awarded equivalence.
(b) Degrees awarded where the University has accepted credits taken by students from other universities/degree-awarding institutions including those in India : In view of the acceptance of credits and credit transfer is a normal practice in most foreign universities and that the same is also being encouraged in India, the AIU may accord equivalence to such foreign degrees where the duration have been shortened on account of credits accepted by the foreign universities so Signature Not Verified Signed by: SREEVIDYA Signing time: 04-Jul-25 5:25:41 PM NEUTRAL CITATION NO. 2025:MPHC-IND:16465
4 WP-1428-2016 long as the degrees awarded by foreign universities meets all other parameters specified by the AIU.
(c) Degrees awarded where the University has granted exemption to the student from certain number of credits or certain number of semesters : Given the fact that foreign universities grants exemptions to their students on the basis of their academic records/attainment/transfer from other higher educations institutions, the AIU may grant equivalence to such foreign degrees where the duration have been shortened on account of exemption granted by the foreign universities so long as the degree meets all other parameters specified by the AIU.''
5. The eligibility condition to grant equivalence are provided under Rule 53 which is reproduced below :
''53. Equivalence is granted to students if he/she meets the following eligibility conditions:
(a) The degree has been awarded by a university which is duly approved/recognized/accredited in its own country;
(b) The student has pursued the programme of studies as a full time regular student on the campus of the university in the foreign country;
(c) The minimum eligibility qualification for admission to the programme of the study is at least the same as prescribed in India; and
(d) The duration of the programme of study is at least the same as prescribed in India.''
6. As per sub-Rule (d) of Rule 53, the Equivalence Certificate can be granted to a student if the duration of the programme of study is at least the same as prescribed in India. The petitioner obtained undergraduate Degree from Swinburne University of Australia which is a two years degree programme, whereas in India the duration of undergraduate course is three years. Therefore, the duration of programme of studies is altogether different. Hence, under Rule 53(d), the equivalence certificate has rightly been denied to the petitioner.
7. Learned counsel for the petitioner has placed heavy reliance on Rule 25. However, Rule 25 applies in case where the duration is same but degree has been awarded in a lesser duration when the student may have Signature Not Verified Signed by: SREEVIDYA Signing time: 04-Jul-25 5:25:41 PM NEUTRAL CITATION NO. 2025:MPHC-IND:16465 5 WP-1428-2016 completed all the credits specified by the University or the University has granted exemption to the student from certain number of credit or semester. Therefore, the aforesaid provision does not apply in case of the present petitioner and the respondents have rightly denied the equivalence certificate on the ground that the actual duration of Bachelor Degree in Swinburne University Australia is of two years and in the India, the duration of the same degree is three years.
8. In view of the above, no ground for interference in the impugned order dated 07.02.2014 is made out. The petition stands dismissed accordingly.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
vidya
Signature Not Verified
Signed by: SREEVIDYA
Signing time: 04-Jul-25
5:25:41 PM