Kerala High Court
Smt. Sandhya Mariam Chacko vs The Mahatma Gandhi University on 18 January, 2014
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2014/23RD MAGHA, 1935
WP(C).No. 2964 of 2014 (U)
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PETITIONER(S):
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1. SMT. SANDHYA MARIAM CHACKO,
D/O.CHACKO VARGHESE,AGED 25 YEARS,
PULINILKUNNATHIL SUNNY VILLA, NIRANAM P.O,
THIRUVALLA, PATHANAMATHITTA DISTRICT.
2. SMT. TITUS ZACHARIA,
D/O.THOMAS ZACHARIA,AGED 21 YEARS, PALLICHIRA,
KAINAKARY EAST, ALAPPUZHA DISTRICT- 688 501.
BY SRI.BABU VARGHESE,SENIOR ADVOCATE
ADV. SRI.V.NARAYANA SWAMI
RESPONDENT(S):
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1. THE MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
PRIYADARSHINI HILLS, ATHIRAMPUZHA,
KOTTAYAM - 686 562.
2. THE PRINCIPAL,
MAR ATHANESIOS COLLEGE FOR ADVANCED STUDIES,
THIRUVALLA -689 101.
3. THE PRINCIPAL,
ST. BERCHMEN'S COLLEGE, CHANGANACHERRY -686 101.
4. THE PRINCIPAL,
ASSUMPTION COLLEGE, CHANGANACHERRY- 686 101.
5. THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY,
NEW DELHI,REPRESENTED BY ITS REGIONAL DIRECTOR,
KALOOR,KOCHI-682 017.
R1 BY DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY
R5 BY ADV. SRI.K.MOHANAKANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-02-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 2964 of 2014 (U)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 - TRUE COPY OF THE MARKLIST CUM CERTIFICATE OF THE XTH
STANDARD IN RESPECT OF THE 1ST PETITIONER.
EXT.P1(A) - TRUE COPY OF THE MARKLIST CUM CERTIFICATE OF THE XII
STANDARD IN RESPECT OF THE 1ST PETITIONER.
EXT.P2 - TRUE COPY OF THE BBA DEGREE PROVISIONAL CERTIFICATE
ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER
EXT.P3 - TRUE COPY OF THE XTH STANDARD MARKLIST-CUM-CERTIFICATE IN
RESPECT OF THE 2ND PETITIONER.
EXT.P3(A) - TRUE COPY OF THE XIITH STANDARD MARKLIST-CUM-CERTIFICATE
IN RESPECT OF THE 2ND PETITIONER
EXT.P4 - TRUE COPY OF THE PROVISIONAL CERTIFICATE OF BBA
PROGRAMME ISSUED BY THE 4TH RESPONDENT TO THE 2ND
PETITIONER.
EXT.P5 - TRUE COPY OF THE NOTIFICATION DATED 18-1-2014 ISSUED BY THE
1ST RESPONDENT UNIVERSITY ON THE 1ST SEMESTER BBA
EXAMINATION.
EXT.P6 - TRUE COPY OF THE CALL LETTER DATED 9-4-2013 ISSUED BY THE
2ND RESPONDENT TO THE 1ST PETITIONER
EXT.P7 - TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS ISSUED
BY THE 4TH RESPONDENT.
EXT.P8 - TRUE COPY OF THE U.G.C. LETTER DATED 28-7-1993 ISSUED IN 1993
EXT.P9 - TRUE COPY OF THE LETTER NO.F1.52/2000(CPP-II) DATED 5-5-2004
EXT.P10- TRUE COPY OF THE LETTER NO.22182/B3/2000/H.EDN.
DATED 14-9-2000
EXT.P11 - TRUE COPY OF THE CIRCULAR DATED 7-5-2005 ISSUED BY THE
KERALA PUBLIC SERVICE COMMISSION
EXT.P12- TRUE COPY OF THE UNIVERSITY ORDER NO.AC.A3/4221/92
DATED 10-2-93 ISSUED BY THE CUSAT
EXT.P13- TRUE COPY OF THE EDITORIAL THAT APPEARED IN THE LEADIG
MALAYALAM DAILY -THE MATHRUBHUMI
EXT.P14- TRUE COPY OF THE REPRESENTATION DATED 2-1-2014 SUBMITTED
BY THE FATHER OF THE 1ST PETITIONER TO THE VICE-CHANCELLOR
OF THE 1ST RESPONDENT UNIVERSITY.
sts 2/-
-2-
WP(C)NO.2964/2014
EXT.P15- TRUE COPY OF THE PAY-IN-SLIP NO.979324 DATED 24-1-2014
TOWARDS THE REMITTANCE OF EXAMINATION FEES IN RESPECT OF
THE 1ST PETITIONER
EXT.P15(A) - TRUE COPY OF THE PAY-IN-SLIP NO.989683 DATED 24-1-2014
TOWARDS THE REMITTANCE OF EXAMINATION FEES IN RESPECT OF
THE 2ND PETITIONER.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
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K. VINOD CHANDRAN, J.
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W.P.(C) No. 2964 of 2014
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Dated this the 12th day of February, 2014
J U D G M E N T
The petitioners are graduates who have obtained B.B.A degree in the course conducted by the 5th respondent through the 4th respondent college. The petitioners have after successful completion of the graduate degree, applied for and got admission to the colleges under the respondents 2 and 3. They have completed the first semester and have also remitted the fees for the examination commencing on 14.02.2014. But however, their applications for treating the graduate degree awarded to them by the 5th respondent as equivalent to the degree awarded by the 1st respondent University, is pending consideration of the 1st respondent. Such decision, according to the learned standing counsel appearing for the 1st respondent, has to come from the academic council. In the meanwhile, the petitioners; having been continued in the course and the examination fee also having been W.P.(C) No. 2964 of 2014 : 2 : accepted, shall be permitted to appear for the first semester examination commencing on 14.02.2014, subject however, to the final decision taken by the academic council. If the academic council finds against them, the contentions raised by the petitioner in the above Writ Petitions are left open.
The Writ petition is disposed of with a direction that the participation in the examination, shall be subject to the decision of the academic council and the results shall also be declared only after such decision is taken. Writ Petition disposed of. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE SB