Kerala High Court
N.Y. Jasmine vs University Of Kerala on 26 June, 2000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
FRIDAY, THE 23RD DAY OF MAY 2014/2ND JYAISHTA, 1936
WP(C).NO. 8037 OF 2014 (D)
---------------------------
PETITIONER(S):
------------------------
N.Y. JASMINE, ARAKKAPARAMBIL,
P.O. AZHECODE, KODUNGALLUR,
THRISSUR DISTRICT- 680 666.
BY ADVS.SRI.P.M.PAREETH,
SRI.MOHAMMED SHAMEEL.
RESPONDENT(S):
----------------------------
1. UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR,
UNIVERSITY BUILDINGS,
THIRUVANANTHAPURAM- 695 014.
2. ASSISTANT REGISTRAR (ACADEMIC-IV),
UNIVERSITY OF KERALA, UNIVERSITY BUILDINGS,
THIRUVANANTHAPURAM -695 014.
BY ADV. SRI.GEORGE POONTHOTTAM, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23-05-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).NO. 8037 OF 2014 (D)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE PHOTOCOPY OF CERTIFICATE DATED 26-06-2000
RASHTRA BHASHA PRAVEEN IN RESPECT IN RESPECT OF
THE PETITIONER.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE MARK SHEET DATED 17-12-2009 OF
PART 1 ENGLISH IN REJECT OF THE PETITIONER ISSUED BY
CONTROLLER OF EXAMINATIUON UNIVERSITY OF CALICUT.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE BA (HINDI) DEGREE ENGLISH
DATED 23-02-2012 IN RESPECT OF THE PETITIONER ISSUED BY
UNIVERSITY OF CALICUT.
EXHIBIT P4 A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE
REGULARITIES RELATING TO THE RECOGNITION OF
EXAMINATION AND DEGREES OF OTHER UNIVERSITIES.
EXHIBIT P5 A TRUE PHOTOCOPY OF THE COURSE COMPLETION
CERTIFICATE DATED 14-02-2012 ISSUED BY THE DIRECTORATE
OF DISTANCE EDUCATION MADURA KAMARAJ UNIVERSITY.
EXHIBIT P6 A TRUE PHOTOCOPY OF THE MARK LIST OF MA (HINDI) IN
RESPECT OF THE PETITIONER ISSUED BY THE CONTROLLER OF
EXAMINATION MADURAI KLAMARAJ UNIVERSITY.
EXHIBIT P7 A TRUE PHOTOCOPY OF THE DEGREE CERTIFICATE IN MA (HINDI)
DATED 01-03-2013 ISSUED BY THE MADURAI KAMARAJ
UNIVERSITY.
EXHIBIT P8 A TRUE PHOTOCOPY OF THE MEMO NO. ACC/025596/2014
DATED 26-02-2014.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
K.SURENDRA MOHAN, J.
---------------------------------------------
W.P.(C) No.8037 of 2014
----------------------------------------------
Dated this the 23rd day of May, 2014
J U D G M E N T
The petitioner has filed this writ petition seeking the following reliefs:-
1). A writ of certiorari or other appropriate writ, direction or order calling for the records leading to Ext.P8 and quash the same.
2). A declaration to the effect that in view of the recognition of post oriental title BA of Calicut University and MA degree in (Hindi) of Madurai Kamaraj University obtained through distance education as evidenced by Ext.P4, the petitioner is entitled to get equivalency certificate to show that Ext.P7 issued by Madurai Kamaraj University is equivalent to MA degree in (Hindi) issued by Kerala University.
3). A writ of mandamus commanding the respondents to issue equivalency certificate to the petitioner to the effect that the Ext.P7 degree certificate in MA (Hindi) issued by the Madurai Kamaraj University is equivalent to MA (Hindi) degree issued by the Kerala University in all respects, within a time frame.
4). To grant cost -:2:- W.P.(C) No.8037 of 2014-D
5). To grant such other reliefs this Hon'ble court deem fit and proper in the facts and circumstances of the case.
2. The petitioner is working as High School Assistant in Hindi at Seethi Sahib Memorial High School, Azhecode. She had passed M.A.(Hindi) of the Madurai Kamaraj University under Distance Education, at the examination held in November, 2011. As per Exhibit P8, the first respondent has denied to the petitioner an Equivalency Certificate with respect to the MA Degree possessed by her. The reason stated is that, she has not passed the Pre-degree examination.
3. According to the petitioner, she had passed her SSLC examination in March 1991 with Reg.No.170902. The petitioner thereafter passed the Rashtra Bhasha Praveen Examination conducted by the Dakshina Bharatha Hindi Prachar Sabha, Madras in the year 1999 as evidenced by Exhibit P9. Though the petitioner had completed her Pre- degree, she had not passed. It was thereafter that she -:3:- W.P.(C) No.8037 of 2014-D passed the Rashtra Bhasha Praveen Examination.
4. The University of Calicut has exempted the holders of Rashtra Bhasha Praveen Certificate holders from appearing for Part-II and III of B.A.(Hindi) examination of the University. Such persons need pass only the part-I English comprising three papers. Accordingly, the petitioner completed the course. It is contended that as per Exhibit P4 Regulations, Exhibit P3, Post-Oriental Title BA possessed by the petitioner is sufficient qualification for admission to the MA Degree Course of the Kerala University. The petitioner obtained her MA Degree through distance education. Exhibit P7 is her MA Degree Certificate.
5. According to Sri PM Pareeth who appears for the petitioner, the BA Degree possessed by the petitioner has been specifically mentioned as recognised, in Exhibit P4 - Regulations relating to Recognition of Examinations and Degrees of other Universities. The MA Degree in Hindi -:4:- W.P.(C) No.8037 of 2014-D (distance Eeucation) has also been recognised by Exhibit P4. Therefore, it is contended that there is absolutely no justification for not issuing the Equivalency Certificate that was sought. The denial of Equivalency Certificate for the reason that the petitioner had not passed the Pre-Degree Examination is unsustainable, according to the Counsel. It is pointed out that, a person who passed BA in the same manner as the petitioner could very well have joined for an MA Degree in the Kerala University. Therefore, according to the counsel, Exhibit P8 is liable to be set aside.
6. A counter affidavit has been filed on behalf of respondents of 1 and 2. Advocate George Poonthottam appears for the said respondents. The contention of respondents 1 and 2 is that, an Equivalency Certificate could be granted only on completion of a course of Study of 10+2+3+2 years, leading up to the MA Degree that is possessed by a candidate. In the case of the petitioner, though she had completed her Pre-degree in the year 1993, -:5:- W.P.(C) No.8037 of 2014-D she had not passed the said course. Thereafter, she had undergone the Rashtra Bhasha Praveen Course and on the basis of the certificate obtained, joined the BA Degree Course. After completion of the same, she has obtained an MA Degree also. In view of the stipulations contained in the Regulations, it is contended that, such a candidate is not eligible to be issued with an Equivalency Certificate.
7. Heard. It is not in dispute that, the petitioner has not passed her Pre-Degree Examination. Since she had not passed her Pre-Degree Examination, she had joined the Rashtra Bhasha Praveen Course conducted by the Dakshina Bharatha Hindi Prachar Sabha. Exhibit P1 shows that she had passed the same in the year 1999. She had joined the BA Degree course of the Calicut University on the strength of Exhibit P1 Certificate. She has been granted the Degree of Bachelor of Arts, Exhibit P2, having been exempted from appearing for the Hindi language papers. It is on the strength of Exhibit P3 that she was admitted to the MA -:6:- W.P.(C) No.8037 of 2014-D Degree Course, which she has successfully completed. Exhibit P4 according to the counsel for respondents 1 and 2 is not the full text of the regulations that are applicable. Chapter - I of the Regulations contains the definitions. 2 (16) of the definitions section reads as follows:-
16. Unless otherwise specified, Degrees/ Examinations of other Universities means the Degree/ Examination awarded/passed after having undergone the prescribed course of instruction by the duly recognized, regular/correspondence/private study not less than 10+2 (12) / 10+2+3(15)/ 10+2+3+2 (17) years of study pattern in Board/ University other than the University of Kerala.
A reading of the above definition shows that Degrees or examinations of other universities means:
1. Degree/Examinations awarded/ passed
2. After having undergone the prescribed course of inspection by the duly recognised, regular/ correspondence/ Private study.
3. Not less than 10+2(12)/ 10+2+3(15)/ 10+2+3+2(17) years of study pattern in Board/University other than the University of Kerala.
-:7:-
W.P.(C) No.8037 of 2014-D
8. In other words, Degree or examinations of other Universities are necessary to be preceded by not only a passing of the examinations but also a Course of Instruction spanning over not less than the period specified in the said Clause. In the present case, admittedly the petitioner does not possess 10+2+3+2 years of study that is one of the requirements. Therefore, there is no infirmity in the reasons stated in Exhibit P8. Though it is contended that the petitioner had been permitted to undertake the course of study for the award of Degree of BA as well as the Post Graduate Degree of MA, the same cannot be stated to be sufficient for the grant of an Equivalency Certificate to the qualification possessed by the petitioner. Though a person who has not successfully completed the Pre-degree course is in a particular situation being held to be eligible for admission to the BA Degree Course, the same cannot be the criterion for the grant of an Equivalency Certificate as sought for by the petitioner, especially in view of the -:8:- W.P.(C) No.8037 of 2014-D definition reproduced above.
For the above reasons, I find no grounds to interfere with Exhibit P8 or to grant any of the reliefs sought for. This writ petition fails and is accordingly dismissed.
Sd/-
K.SURENDRA MOHAN, JUDGE kkj