Kerala High Court
Sara Nazer vs Mahatma Gandhi University on 28 January, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.28653 OF 2020(F)
PETITIONER :-
SARA NAZER, AGED 19 YEARS
D/O.P.K.NAZER, HUDAS PARALI,
PARALIL HOUSE, SURYA NAGAR, ROCKWELL ROAD,
PALLILAMKARA, HMT COLONY P.O.- 683 503
BY ADVS.
SRI.M.SASINDRAN
SRI.V.VENUGOPAL
RESPONDENTS :-
1 MAHATMA GANDHI UNIVERSITY
PRIYADARSHINI HILLS, KOTTAYAM-686 560,
REPRESENTED BY ITS REGISTRAR
2 THE VICE CHANCELLOR,
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
KOTTAYAM - 686 560
3 THE DIRECTOR,
INSTITUTE OF INTEGRATED PROGRAMMES AND RESEARCH
IN BASIC SCIENCE (IIRBS), (UNDER THE MAHATMA
GANDHI UNIVERSITY), PRIYADARSHINI HILLS,
KOTTAYAM - 686 560
BY ADV. SRI.ASOK M.CHERIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.28653 OF 2020(F)
-: 2 :-
JUDGMENT
Dated this the 28th day of January 2021 This writ petition is filed seeking the following reliefs :-
"i) to set aside Ext.,P4 in so far as it shown the index marks of the petitioner as 690 instead of 872 for Integrated M.Sc. Environmental Science.
ii) to set aside Ext.P7(a) and 4th supplementary allotment for Integrated M.Sc. Environmental Science in so far as it does not includes the petitioner and in so far as it includes the candidates who got lessor marks than the petitioner for admission to the Integrated M.Sc. Environmental Science.
iii) to a writ of mandamus or any other writ order or direction commanding the respondents to include the petitioner's name in the allotment for Integrated M.Sc. Environmental Science and admit the petitioner.
iv) to declare that the marks obtained in Psychology paper of the plus two course is to be added to the total marks obtained in Part III of the qualifying examination for preparing the rank list of Integrated Master of Science in Environmental Science."
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent University.
3. The learned counsel for the petitioner submits that the non-inclusion of the petitioner's candidature for admission to the Integrated M.Sc in Environmental Science in spite of the marks scored by her is totally illegal. It is submitted that Ext.P3 prospectus provides the means by which the marks have to be awarded to the WP(C).No.28653 OF 2020(F) -: 3 :- candidates. It is submitted that the petitioner had passed CBSE 12 th examination and Ext.P2 is the marklist, which shows that she had obtained sufficiently high marks. However, without considering the marks for any of the other subjects, only the total marks obtained by the petitioner with normalisation is taken into account and only 690 marks has awarded to the petitioner as is evident from Ext.P8. It is further submitted that there are no other applicants to the Integrated M.Sc Environmental Science course and that the petitioner would be eligible for admission even if 690 marks is taken as her index marks.
4. The learned Standing Counsel appearing for the University would submit that the procedure prescribed in Ext.P3 prospectus has been followed scrupulously by the University and that the petitioner is eligible only for 690 marks for the purpose of admission to the Integrated M.Sc Environmental Science course. It is submitted that the admissions are to be made through the Centralised Allotment Process and that the petitioner's claim can also be considered for admission to the Integrated M.Sc Environmental Science course along with other eligible candidates, in accordance with law.
In the above view of the matter, this writ petition is disposed of directing that the seat, which is kept unfilled on the basis of the interim order of this Court dated 21.12.2020 will be filled up through the allotment process, taking note of the eligible candidates WP(C).No.28653 OF 2020(F) -: 4 :- and in accordance with law. In case there are no other candidates having better marks than the petitioner, the petitioner shall be considered for admission to the Integrated M.Sc Environmental Science course.
Sd/-
ANU SIVARAMAN JUDGE Jvt/1.2.2021 WP(C).No.28653 OF 2020(F) -: 5 :- APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION DATED 14.09.2020 ISSUED BY THE FIRST RESPONDENT UNIVERSITY EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF PLUS TWO ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION EXHIBIT P4 A TRUE COPY OF THE PRINT OUT TAKEN FROM THE SITE OF THE M.G.UNIVERSITY EXHIBIT P5 A TRUE COPY OF THE CURRICULUM AND SYLLABUS FOR THE B.SC PSYCHOLOGY NOTIFIED BY THE FIRST RESPONDENT UNIVERSITY EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES OF THE PSYCHOLOGICAL PERTAINING TO THE ENVIRONMENTAL SCIENCE IN THE PLUS TWO COURSE EXHIBIT P7 TRUE COPIES OF THE ALLOTMENT CATEGORY PUBLISHED BY THE FIRST RESPONDENT UNIVERSITY FOR INTEGRATED MASTER OF SCIENCE (ENVIRONMENTAL SCIENCE) EXHIBIT P7(a) TRUE COPIES OF THE ALLOTMENT CATEGORY PUBLISHED BY THE FIRST RESPONDENT UNIVERSITY OF INTEGRATED MASTER OF SCIENCE (ENVIRONMENTAL SCIENCE) EXHIBIT P8 A TRUE COPY OF THE PRINT OUT TAKEN FROM THE SITE OF THE FIRST RESPONDENT UNIVERSITY EXHIBIT P8(a) A TRUE COPY OF THE PRINT OUT TAKEN FROM THE SITE OF THE FIRST RESPONDENT UNIVERSITY REGARDING THE 4TH SUPPLEMENTARY ALLOTMENT EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGE OF THE COMBINATION OF SUBJECTS UNDER THE SCIENCE GROUP PUBLISHED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION IN THEIR WEBSITE.
EXHIBIT P10 TRUE COPY OF THE ARTICLE PUBLISHED IN ONE OF THE INTERNATIONAL JOURNAL IN AUGUST 2004