Kerala High Court
Ajay P.A vs University Of Kerala on 25 October, 2013
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY,THE 13TH DAY OF JANUARY 2014/23RD POUSHA, 1935
WP(C).No. 997 of 2014 (Y)
--------------------------
PETITIONER :
--------------------
AJAY P.A.
AGED 22 YEARS, S/O. ALBIN
PALAKKAL HOUSE, THUMBOLY
ALAPPUZHA DISTRICT.
BY ADVS.SRI.C.P.CHANDRASEKHARAN (CALICUT)
SRI.SHAJU M. PURUSHOTHAMAN
SMT.APARNA C. MENON
RESPONDENT(S) :
----------------------------
1. UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR
KARIAVATTOM CAMPUS
THIRUVANANTHAPURAM - 695 581.
2. THE ACADEMIC COUNCIL
UNIVERSITY OF KERALA, KARIYAVATTOM CAMPUS
THIRUVANANTHAPURAM - 695 581.
3. THE CO-ORDINATOR
THE INSTITUTE OF MANAGEMENT IN KERALA
UNIVERSITY OF KERALA, UNIVERSITY BUILDINGS
ALAPPUZHA - 688 003.
R1 TO R3 BY STANDING COUNSEL SRI.GEORGE POONTHOTTAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13-01-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mn
...2/-
WP(C).No. 997 of 2014 (Y)
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE
UNIVERSITY OF MAHATMA GANDHI.
EXT.P2 COPY OF THE RECEIPT DT. 7.8.2013.
EXT.P3 COPY OF THE NOTIFICATION ISSUED BY THE UNIVERSITY.
EXT.P4 COPY OF THE MEMO ISSUED BY THE 3RD RESPONDENT DATED
25.10.2013.
EXT.P5 COPY OF THE MEMO ISSUED BY THE 3RD RESPONDENT DATED
04.11.2013.
EXT.P6 COPY OF THE MATHRUBHUMI NEWS DAILYDATED 11.11.2013.
EXT.P7 COPY OF THE APPLICATION FOR ELIGIBILITY CERTIFICATE
SUBMITTED BY THE PETITIONER.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
K.Vinod Chandran, J.
---------------------------------------
W.P.(C).No.997 of 2014-Y
----------------------------------------
Dated this the 13th day of January, 2014
JUDGMENT
The petitioner is a 1st Semester student of the two year M.B.A. Degree programme under the 3rd respondent-Institute, affiliated to the 1st respondent-University. The petitioner was allegedly admitted to the M.B.A. degree programme on the strength of his BBA qualification, which admittedly was obtained from an Off Campus Centre of Mahatma Gandhi University at Ambalapuzha in Alappuzha District. The petitioner's counsel submits that the Regulations relating to recognition of Examinations, Degrees, Diplomas, Certificates and Titles of other Universities or Authorities provide for recognition of the course in which the petitioner has acquired graduate qualification. The petitioner specifically refers to Clause-V, Norms recognition of Degrees and Examinations of other Universities, which is extracted hereunder.
"V. Norms recognition of Degrees and Examinations of other Universities I. All degrees/Examination taken after regular course of study awarded by Statutory Universities/ WP(C).No.997/2014-Y - 2 - Institutions be recognized as equivalent to the corresponding Degrees/examinations of Kerala University provided:
a. that the qualifying examinations and duration of the course are the same.
b. that such institutions are recognized by the UGC and are members of the Association of Indian Universities.
xx xx xx".
The learned counsel for the petitioner also refers to the General Decision in Clause (2). The petitioner contends that in fact the complete exclusion of Off Campus courses has been deleted by the University, which is evidenced from the paper report produced as Exhibit P6 and is admitted by the University. The petitioner, hence, prays that he may be allowed to continue the M.B.A. course and also he may be permitted to appear for the examinations, which would commence on 15.01.2014.
2. A reading of the above extracted provisions of the Regulations would not indicate that in all cases an Off Campus graduate degree has to be recognized. In fact the norms specifically refers to "regular courses of study" and that cannot WP(C).No.997/2014-Y - 3 - be effaced by the General Decision taken by the University, which also is extracted hereunder:
"2) BBA & B.Sc. (Computer Science) of all Statutory Universities recognized for admission to corresponding P.G. course".
3. It is also to be specifically noticed that the petitioner applied for the course as per Exhibit P3 notification. Exhibit P3 notification specifically says so in Clause 4(d): "4. The counseling for admission will be during the first/second week of May 2013 and the following procedure will be undertaken:
xxx xxx xxx
(d) Candidates passed degree or Masters Degree of other Universities should produce the Eligibility Certificate issued by the University of Kerala (Course Equivalency Certificate) at the time of admission. It is mandatory that the candidate produces eligibility certificate at the time of counseling otherwise the candidate will not be considered for admission".
Hence, the petitioner obviously had applied for the post-graduate course without complying with the mandatory WP(C).No.997/2014-Y - 4 - direction of production of Eligibility Certificate/Course Equivalency Certificate regarding the graduate qualification of the petitioner. In such circumstance, this Court is of the opinion that the petitioner cannot be permitted to continue in the 3rd respondent-College. The petitioner's contention that the 3rd respondent is a Centre managed by the University itself and that the petitioner then, ought not to have been admitted by the 3rd respondent would give rise to another cause of action, which cannot be agitated in a writ petition under Article 226 of the Constitution.
Writ Petition dismissed. No costs.
Sd/-
K.Vinod Chandran, Judge vku.
( true copy )