Kerala High Court
Nandu. R. Nair vs Chancellor Of University Of Kerala on 1 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
W.P.(C) NO.24412 OF 2023
PETITIONERS:
1 NANDU. R. NAIR, AGED 26 YEARS, S/O.K.R. RAMACHANDRA DAS,
PUTHUKKATTU CHIRA, MANGALATHU PADINJARETHIL,
MANTHANAM P.O., KUNNAMTHANAM, PIN - 689 581
2 SARANYA R.S, AGED 26 YEARS, S/O.SREEKUMAR R., VAYAL NIKATHIYA
PUTHENVEEDU, TC16/759, JAGATHY, THYCAUD P.O.,
THIRUVANANTHAPURAM - 695 014
BY ADVS.
SAIJO HASSAN
BENOJ C AUGUSTIN
RAFEEK. V.K.
AATHIRA SUNNY
BINCY JOB
DEVI.R.SENS
SALMAN FARIS
RAJALAKSHMI R.
SARITHA K.
RESPONDENTS:
1 CHANCELLOR OF UNIVERSITY OF KERALA,
RAJ BHAVAN, THIRUVANANTHAPURAM-695 001
2 THE SECRETARY, HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
3 UNIVERSITY OF KERALA,
REPRESENTED BY THE REGISTRAR, PALAYALAM,
THIRUVANANTHAPURAM, PIN - 695 034
4 THE CONTROLLER OF EXAMINATION,
UNIVERSITY OF KERALA, PALAYALAM,
THIRUVANANTHAPURAM, PIN - 695 034.
BY ADVS.
S.PRASANTH
S.GOPAKUMARAN NAIR (SR.)(K/258/1973)
GOVERNMENT PLEADER, SRI.V. VENUGOPAL - FOR R1,
SC THOMAS ABRAHAM - FOR R3 & R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C) No.24412 of 2023
JUDGMENT
(Dated: 1st August, 2023) The petitioners completed their B.Sc Computer Science Degree Course during the academic year 2015-2019 from various colleges under the 3rd respondent University. The petitioners have filed this writ petition seeking the following reliefs:
i.To issue writ of mandamus or order or direction or any other appropriate writ directing respondents to issue original degree certificate and migration certificate to the petitioners within a time frame fixed by this Honble Court, and ii.This Hon'ble Court may be pleased to dispense with filing of the English translation of vernacular documents as per order dated 4.8.2022.
2. A controversy arose against the 3rd respondent university that illegal modifications/marks were carried out at the Examination Section of the University. It is being investigated by the Crime Branch. Because of the controversy, there has been an unnecessary delay in issuing the petitioners' original degree certificate and migration certificate. Due to the delay, the petitioners cannot apply for jobs, and 3 W.P.(C) No.24412 of 2023 those who applied for post-graduation courses are facing difficulties, including cancellation of the admission for non-submission of the degree certificate and the migration certificate. The petitioners have filed a detailed representation before the respondent seeking immediate action for redressal of the grievance by filing a representation dated 27.12.2021. Though the representation was forwarded to the 1st respondent, till date, no action has been taken.
3. The counsel for the petitioner has relied on the judgment of this Court in Anandu A. and Others v. Higher Education Department, Tvm. and Others [2022 (1) KHC 773]. The issue that arose in the said decision is regarding the non-issuance of original degree certificates and migration certificates by the University of Kerala, who is the 3rd respondent in this writ petition. The same issue was the subject matter of the decision mentioned above, and this Court taking note of the counter affidavit and the statements filed, directed the university to 4 W.P.(C) No.24412 of 2023 issue original degree certificates and migration certificates applied by the petitioners expeditiously within three weeks.
4. The Standing Counsel has filed a statement for the University, in which it is contended that the 1st petitioner completed B.Sc Computer Science Course during the period 2015-2018 from Sree Ayyappa College, Eramallikkara, and the 2nd petitioner completed B.Sc Computer Science course during the period 2016-2019 from UIT, Thiruvananthapuram and provisional certificates and consolidated mark list were issued to the 2nd petitioner consolidating the result in April 2019. Later it was identified that she benefited from an irregular hike in moderation due to a software error. The provisional certificate and consolidated mark list were not issued to the 1st petitioner. It is also submitted that on detailed verification, 135 candidates were found benefitted out of this irregular hike in moderation, and out of which 23 candidates have qualified for their programmes were awarded Degrees/Provisional Certificates/Consolidated mark lists by the 5 W.P.(C) No.24412 of 2023 University, whereas the remaining were found to have failed in the papers. The petitioners' figure among those candidates who benefitted from this irregular hike in moderation.
5. It is also stated that the recommendation of the University to withdraw the degrees awarded to the 23 candidates was submitted for confirmation before the 1st respondent/Chancellor. The 1st respondent sought a clarification as to whether the matter falls within the ambit of Chapter 31 of Kerala University First Statutes, 1977. Therefore, the University found that an amendment is required in the Kerala University First Statute to cancel the Degree and recall. Consequently, an amendment was approved by the Syndicate held on 28.10.2021, and the Senate held on 12.11.2021 resolved to approve the amendment, and the same was forwarded to the Chancellor for his assent, but the said amendment was not accepted by the 1st respondent/Chancellor.
6W.P.(C) No.24412 of 2023
In view of the stand of the 1st respondent - not approving the amendment proposed by the Syndicate and Senate for inclusion of Section 5A in the new statute and also relying on the decision in Anandu's case, cited (supra), I am inclined to follow the said decision and direct the respondents to issue migration certificate as well as the original degree certificates.
In the result, the writ petition is allowed, and respondents 3 and 4 are directed to forthwith issue original certificates and migration certificates if the petitioners' application is in order within a period of three weeks from the date of receipt of a certified copy of the judgment.
The writ petition is allowed.
Sd/-
BASANT BALAJI, JUDGE ss 7 W.P.(C) No.24412 of 2023 APPENDIX OF WP(C) 24412/2023 PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF PROVISIONAL CERTIFICATE ISSUED TO THE SECOND PETITIONER DATED 04.06.2019 Exhibit P2 TRUE COPY OF PROVISIONAL CERTIFICATE ISSUED TO THE SECOND PETITIONER DATED 01.09.2022 Exhibit P3 TRUE COPIES OF THE MARK LIST ISSUED TO THE FIRST PETITIONER Exhibit P3A TRUE COPY OF THE REPRESENTATION DATED 27.12.2021 SUBMITTED BY THE FIRST PETITIONER