Kerala High Court
Abdul Abudeen vs University Of Calicut on 19 September, 2004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 12TH DAY OF JUNE 2018 / 22ND JYAISHTA, 1940
WP(C).No. 22657 of 2008
PETITIONER:
1 ABDUL ABUDEEN,
S/O. KUNHAMMED, AGED 23,
RESIDING AT EDAKULAT PUTAN PURAYIL,,
P.O.ANANTAVUR, KUNDILANGADI, MALAPPURAM.
2 ANEESH.K.G.,
S/O.GOPINATHAN, AGED 22,, RESIDING AT OLLUKKARA HOUSE,,
OLLUKKARA P.O., MUKATUKARA, THRISSUR DISTRICT.
BY ADV.SRI.MILLU DANDAPANI
RESPONDENT(S):
1. UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P.O., MALAPPURAM, DISTRICT-673 635,
REPRESENTED BY THE REGISTRAR.
2. THE CHAIRMAN,
POST GRADUATE BOARD OF STUDIES (ZOOLOGY),
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.,
MALAPPURAM DISTRICT-673 635.
R1 & R2 BY SRI.P.C.SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-06-2018,
ALONG WITH WP(C)22516/2013, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
PBS
WP(C).No. 22657 of 2008
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P-1: TRUE COPY OF THE CERTIFICATE DATED 19.09.2004.
EXT.P-2: TRUE COPY OF THE LETTER ISSUED BY THE REGISTRAR.
EXT.P-3: TRUE COPY OF THE MINUTES OF THE MEETING OF THE POST GRADUATE
BOARD OF STUDIES(ZOOLOGY).
EXT.P-4: TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT,
CANCELLING THE EQUATION OF MSC AQUACULTURE AND FISHERY
MICRO BIOLOGY COURSE WITH MSC ZOOLOGY.
RESPONDENT'S EXHIBIT NIL
/TRUE COPY/
PS TO JUDGE
PBS
22/6/2018
A. MUHAMED MUSTAQUE, J.
.........................................
W.P.(C).No.22657 of 2008
&
W.P.(C).No.22516 of 2013
..........................................
Dated this the 12th day of June, 2018.
JUDGMENT
These writ petitions were filed by the students, who have completed MSc Agriculture and Fishery Micro Biology Course, through affiliated colleges under the Calicut University. The petitioners in W.P. (C).No.22516/2013 had undergone the above course from 1996 to 1998 and some of them were from 2009 to 2011. The Calicut University had recognized the above course as equivalent to M.Sc Zoology course of the University. This is evident from Ext.P1 produced in W.P.(C).No.22516/2013.
2. The University has decided not to recognize the M.Sc Agriculture and Fishery Micro Biology as equivalent to M.Sc Zoology. This decision was taken in a meeting of the Academic Council held on 19.3.2008.
3. It was considered by the Academic Council that earlier decision of equalising M.SC Agriculture and Fishery Micro Biology to M.Sc Zoology had to be withdrawn and cancelled as the course contents are entirely different. The petitioners are challenging the above decisions.
4. As far as the equivalence is concerned, it is purely an academic matter for the Academic Council to decide by taking note of the contents of syllabus and structure of the course. This Court W.P.(C).No.22657 of 2008 & W.P.(C).No.22516 of 2013 2 cannot sit upon such wisdom of the Academic Council. However, the question is whether decision would have a retrospective effect or not. The students who enrolled to a particular course is having legitimate expectation that they can complete the course in accordance with the standing University regulations. Therefore those students, who have completed the course prior to the decision, and those students who were undergoing at the relevant time, cannot be affected on account of the decision of the Academic Council. Therefore, this Court is of the view that those students, who have already completed the course and those who were undergoing the course at the time of decision taken by the Academic Council, cannot be denied the equivalence certificate. Therefore, these writ petitions are disposed of with the following decisions:
a. The University shall not cancel equivalence certificate to any of the students, who have completed the course prior to the decision of the Academic Council dated 19.3.2008 b. The University shall also not deny equivalence certificate to such students, who were undergoing the course, at the time of decision taken by the University.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
cl