Kerala High Court
Mohamed Nihad vs The Kannur University
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 31ST DAY OF AUGUST 2016/9TH BHADRA, 1938
WP(C).No. 27415 of 2016 (B)
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PETITIONER:
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MOHAMED NIHAD,
S/O.LATE K.K.RAFI,AGED 21 YEARS,
FATHIMAS,MUZHATHADAM, THANA,
KANNUR - 12.
BY ADVS.SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
SRI.PRAJIT RATNAKARAN
RESPONDENTS:
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1.THE KANNUR UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
THAVAKKARA, CIVIL STATION P O,
KANNUR-670002.
2.THE DEPARTMENT OF INFORMATION TECHNOLOGY,
KANNUR UNIVERSITY, MANGATTUPARAMBA,
KANNUR - 670567.
REPRESENTED BY ITS HOD (HEAD OF DEPARTMENT)
*ADDL.R3 IMPLEADED
3.THE UNIVERSITY GRANTS COMMISSION,
REPRESENTED BY ITS MEMBER SECRETARY,
UNIVERSITY GRANTS COMMISSION, NEW DELHI- 110001.
ADDL. R3 IS IMPLEADED AS PER ORDER
DATED 31.08.2016 IN IA.13738/2016
R1 & R2 BY ADV. SRI.M.SASINDRAN, SC
R3 BY ADV. SRI.S.KRISHNAMOORTHY, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31-08-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 27415 of 2016 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 : TRUE COPY OF THE PROVISIONAL DEGREE CERTIFICATE
ISSUED BY JAMIA HAMDARD OFF CAMPUS CENTRE,
KANNUR.
EXHIBIT P2 : TRUE COPY OF THE HALL TICKET.
EXHIBIT P3 : TRUE COPY OF THE INTERVIEW MEMO ISSUED BY
2ND RESPONDENT.
EXHIBITP P4 : TRUE COPY OF THE PROVISIONAL EQUIVALENCE
CERTIFICATE ISSUED BY THE IST RESPONDENT
DTD 30/7/2016.
EXHIBIT P5 : TRUE COPY OF THE NOTIFICATION ISSUED BY
GOVERNMENT OF INDIA DTD 18/10/2013.
EXHIBIT P6 : TRUE COPY OF THE LETTER WITH ENCLOSURES
DTD 25/7/2014 ISSUED BY JAMIA HAMDARD OFF CAMPUS
CENTRE, KANNUR.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S. TO JUDGE
mbr/
A.M.SHAFFIQUE, J.
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W.P.(C).No.27415 of 2016
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Dated this the 31st day of August, 2016
J U D G M E N T
The petitioner has approached this Court seeking for a direction to the 2nd respondent, the Department of Information Technology, Kannur University to admit the petitioner to MCA regular course for the year 2016 accepting the provisional equivalence certificate in lieu of equivalence certificate subject to production of the equivalence certificate at a later stage. The petitioner also sought for a direction to the 1st respondent University to issue equivalence certificate to the petitioner within such time as directed by this Court.
2. The issue is with reference to the course undertaken by the petitioner in Jamia Hamdard Off Campus Centre at Kannur. Ext.P1 is the provisional certificate issued by the University at New Delhi for the petitioner having passed Bachelor of Computer Application from the said University. The petitioner applied for the MCA course at Kannur University, Department of Information Technology. He got qualified and admission card has also been issued. However, when equivalence certificate was sought for, the petitioner was granted a provisional equivalence certificate by which it was indicated that the BCA (Regular Degree) of Jamia Hamdard, New Delhi has been recognised as equivalent to BCA Degree of the Kannur University for the purpose of higher studies and employment. However, the W.P.(C).No.27415 of 2016 2 certificate was issued provisionally to the applicant subject to the clarification from the UGC and production of original degree certificate. According to the petitioner, the Off Campus Centre of the Kannur University is also a recognised University by the UGC and therefore, a further clarification from the UGC is not required in the matter. Reference is also made to Ext.P6 letter dated 26.07.2016 issued by the Off Campus Centre of Jamia Hardard University to the 2nd respondent wherein it is indicated that all relevant documents have been submitted to prove that the Centre is recognised by UGC. However, the matter had been taken on a war footing by the University with the UGC, which will be solved shortly. The letter dated 25.07.2016 is also produced along with the same which reads as under :
"Jamia Hamdard is a "Deemed to be University" since 1989. It has established an Off-Campus at Kannur (Kerala), which has the approval of the Ministry of Human Resource Development, Government of India on the recommendation of the University Grants Commission vide no.F-10-3/2013- U.3(A) dated 18th October 2013 (copy enclosed). The University Grants Commission website shows 'NA' against the Jamia Hamdard as regard to the Off-Campus of the University.
I would, therefore, request you to kindly get the correction made on the University Grants Commission website. In absence of the mention of the Kannur Campus of Jamia Hamdard on the UGC website, there appears some confusion in the minds of students and parents about its validity. Kindly instruct the concerned staff to get the correction done W.P.(C).No.27415 of 2016 3 on the Website of the University Grants Commission, as requested above."
The learned counsel for the petitioner submits that after 25.07.2016, necessary entires had already been made in the website of the UGC accepting the Kannur Campus of Jamia Hamdard as a recognised Off Campus Centre of the University.
3. It is submitted by the learned counsel for petitioner that the admission is getting over today and unless the petitioner is at least provisionally permitted to join subject to clearance by the UGC, the petitioner will be put to serious hardship.
4. The learned counsel appearing for the respondent University submits that only provisional equivalence had been granted subject to the confirmation by the UGC. The learned counsel appearing for the UGC submits that UGC does not recognise any of the Off Campus Centres which are giving training beyond the territorial jurisdiction of the concerned University and necessary guidelines in that aspect have already been framed and approved by this Court.
5. In regard to Off campus Centres conducted by the Calicut University, this Court had already decided such an issue as per judgment in Godwin Samraj D.P. (Dr.) and Others v. Dr.M.Adbulsalam and others [2015 (2) KHC 551].
6. Having regard to the aforesaid factual situation, I don't think that any via media method can be adopted in this matter, W.P.(C).No.27415 of 2016 4 unless the UGC confirms that the degree obtained by the petitioner is from a recognised University by the UGC, especially on account of the fact that only a provisional equivalence had been granted.
7. It is submitted by the learned Standing Counsel for the University that one seat has been kept vacant.
Taking into consideration the aforesaid factual situation, it will be appropriate to dispose of this writ petition as under :
1. That one seat to the above course shall be kept vacant for a period of 15 days from today.
2. In the meantime, the UGC shall consider whether the degree obtained by the petitioner can be accepted as equivalent to BCA Degree of the Kannur University and necessary intimation in that regard shall be issued on to the 1st respondent and the petitioner.
Sd/-
A.M.SHAFFIQUE, JUDGE.
AV