Kerala High Court
Unknown vs By Adv.Smt.A.A.Shibi on 7 July, 2014
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940
WP(C).No. 8515 of 2018
PETITIONER(S)
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ANJITHA SIVAN,
D/O. SIVANANDAN, AGED 22 YEARS, TYPE IV/15, IT-CE QUARTERS,
C.K. COLONY, NEW SIDHAPUDUR, COIMBATORE-641044.
BY ADV.SMT.A.A.SHIBI
RESPONDENT(S):
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1. UNIVERSITY OF CALICUT,
REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O.,
TENHIPALAM, MALAPPURAM-673635.
2. CONTROLLER OF EXAMINATIONS,
UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P.O., TENHIPALAM, MALAPPURAM-673635.
3. VICE CHANCELLOR,
UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P.O., TENHIPALAM, MALAPPURAM-673635.
4. PRINCIPAL,
ST. MARY'S COLLEGE, PUTHANANGADI, MALAPPURAM -679321.
R1 TO R3 BY SRI.P.C.SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 8515 of 2018 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER IN THE PRESCRIBED FORMAT DATED
07.07.2014.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.
B4/13858-1/2014 DATED 11.07.2014 ISSUED BY REGISTRAR
OF BHARATHIAR UNIVERSITY, COIMBATORE.
EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR MIGRATION
CERTIFICATE SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT DATED 02.8.2014.
EXHIBIT P4 TRUE COPY OF THE MIGRATION CERTIFICATE ISSUED
BY THE 1ST RESPONDENT DATED 02.08.2014.
EXHIBIT P5 TRUE COPY OF THE MEMO NO. EC XI/3/2013 DATED
02.08.2014 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER DATED JANUARY 2018.
EXHIBIT P7 TRUE COPY OF THE REPLY GIVEN BY PUBLIC
INFORMATION OFFICER OF 1ST RESPONDENT DATED
16.2.2018.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION NO.CE/SO 3/2016
DATED 08.02.2016 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE LETTER NO. CMS/ADMN/NOV/2017
DATED 15.11.2017 ISSUED BY THE CMS COLLEGE OF
SCIENCE & COMMERCE, COIMBATORE.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE PRO-VICE CHANCELLOR
OF THE 1ST RESPONDENT DATED 06.12.2017.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT DATED
08.2.2018.
RESPONDENT(S)'EXHIBITS - NIL
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/TRUE COPY/
PS TO JUDGE
TS
12.04.2018
ANIL K.NARENDRAN, J.
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W.P.(C)No.8515 of 2018
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Dated this the 9th day of April, 2018
JUDGMENT
The petitioner, who joined B.Com Computer Application course in the 4th respondent College in the year 2013-14, has left the institution after completing two semesters of the said course and after writing the 1 st and 2nd semester examinations held during November 2013 and April 2014 respectively, since her father who was working in the Excise Department was transferred to Coimbatore. The petitioner applied, vide Ext.P1, for transfer cum readmission to join CMS College of Science & Commerce, Coimbatore. Based on such application, the 4th respondent Principal issued NOC to join the course in Bharathiar University, Coimbatore. The said University, vide Ext.P2, accorded permission for transfer of the petitioner and she was permitted to join in the third B.Com (CA) course in CMS College of Science & Commerce, for the academic year 2014-15 and the Principal of the said College was permitted to grant exemption of subjects already passed by the petitioner in the previous University syllabus. While granting such permission, it was stipulated in Ext.P2 W.P.(C)No.8515 of 2018 2 communication that the petitioner has to produce a copy of the attested Migration Certificate within one month.
2. Thereupon, the petitioner approached the 1 st respondent University requesting to issue Migration Certificate. According to the petitioner, she was informed that without cancelling the registration, the University will not be in a position to issue Migration Certificate, and as required by the officials of the University, she applied for Migration Certificate by submitting Ext.P3 application, wherein the purpose of transfer was shown as transfer to Bharathiar University, Coimbatore. Based on the said application, the 1st respondent issued Ext.P4 Migration Certificate for the purpose of seeking admission to any other University/Institution for higher studies or research. Along with Ext.P4 dated 2.8.2014, the 1 st respondent has also issued Ext.P5 memo dated 2.8.2014 stating that her registration and examination taken for the B.Com course stands cancelled, as requested by her.
3. After the petitioner completing B.Com (CA) Course at Bharathiar University, the said University refused to issue the mark list and Degree Certificate on the ground that she has not W.P.(C)No.8515 of 2018 3 produced her first and second semester mark lists from the 1 st respondent University. Since the 1 st respondent University refused to issue mark list of the first and second semester examinations, the petitioner moved Ext.P11 representation before the Vice Chancellor of the said University and thereafter, moved this Court in this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 and 3 to issue first and second semester B.Com mark lists of the examinations held during November, 2013 and April, 2014 respectively, within a time limit to be fixed by this Court.
4. Heard the learned counsel for the petitioner and also the learned Standing Counsel for the 1 st respondent University representing respondents 1 to 3. Considering the nature of relief proposed to be granted, service of notice on the 4 th respondent is dispensed with.
5. The grievance of the petitioner, which is highlighted in this writ petition, is now pending consideration before the 3 rd respondent Vice Chancellor in Ext.P11 representation.
6. The learned Standing Counsel for the 1 st respondent W.P.(C)No.8515 of 2018 4 University would submit that the 3rd respondent shall consider and pass appropriate orders on Ext.P11 representation, with notice to the petitioner and after affording her an opportunity of being heard.
In such circumstances, without going into the merits of the case, this writ petition is disposed of by directing the 3 rd respondent to consider and pass appropriate orders on Ext.P11 representation made by the petitioner, strictly in accordance with law, with notice to the petitioner and after affording her an opportunity of being heard, as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a certified copy of this judgment.
All legal and factual contentions raised by the petitioner are left open to be raised before the 3rd respondent, at appropriate stage.
Sd/-
ANIL K.NARENDRAN JUDGE ami/9.4.18 //True copy// P.A.to Judge