Kerala High Court
Suresh Babu vs The University Of Kerala on 20 December, 2018
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 29TH AGRAHAYANA,
1940
WP(C).No. 39522 of 2018
PETITIONER/S:
SURESH BABU
S/O.PADMA RATNASWAMY MURALEEDHARAN, PADMA
HOUSE, PEERUMEDU P.O., NOW RESIDING AT 3414,
LADDIE CRESCENT, NISSISSAUGA, ONEARIO,L4 INI,
CANADA, REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER, MR.SHAJIN S.HAMEED,AGED 37 YEARS,
S/O.SHAHUL HAMEED, MMK QUARTERS, INJIVILA,
PARASSALA P.O., THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.R.GOPAN
RESPONDENT/S:
1 THE UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF
KERALA, PALAYAM, THIRUVANANTHAPURAM.
2 THE VICE CHANCELLOR,
UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM.
3 THE CONTROLLER OF EXAMINATIONS,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM.
4 THE STANDING COMMITTEE OF SYNDICATE ON
EXAMINATION,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM.
Wpc 39522/2018
-:2:-
BY ADV. SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.12.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
JUDGMENT
The petitioner is a lawyer registered with the Bar Council of Kerala. He passed LL.B Degree examination from the University of Kerala in the year 2007. He is now working in Canada and is represented through his Power of Attorney Holder. He approached the University for issuance of Transcript Certificate to be forwarded to the Embassy of Canada. Acting upon the request of the petitioner, the University found that the petitioner, in fact, had failed in the Paper II - Law of Contract-II in the Second Semester (3 year) LL.B Degree examination. Therefore, the petitioner was directed to reappear for the above paper. This order is under challenge in this writ petition.
2. The University has now found out that the petitioner has failed in the aforementioned paper after a decade of declaring that he has passed the LL.B examination. The petitioner also has enrolled as a lawyer based on the Degree Certificate issued by the University. Wpc 39522/2018 -:3:-
3. If there was any error in declaring the petitioner as passed, that is a mistake committed by the University. This Court, in fact, had considered a similar issue in Suresh S. v. Mahatma Gandhi University and Others [2012 KHC 2794] and held that the University cannot cancel the examination and the degree certificate issued to a student, and compel him to write the examination afresh after 17 years of the examination on the ground that the University had committed a mistake in declaring his result.
4. Therefore, in the light of the judgment as above, the impugned order is quashed. The University is directed to forward the Transcript Certificate as requested by the petitioner in accordance with the regulations without any delay.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Wpc 39522/2018 -:4:- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN FAVOUR OF MR.SHAJIN S.HAMEED DATED 28.5.2018.
EXHIBIT P2 PHOTOCOPY OF THE STATEMENT OF MARKS OF THE PETITIONER FOR THE 1ST YEAR 1ST SEMESTER DATED 30.6.2005.
EXHIBIT P2 A PHOTOCOPY OF THE STATEMENT OF MARKS OF THE PETITIONER FOR THE 1ST YEAR 1ST SEMESTER DATED 20.4.2006.
EXHIBIT P3 PHOTOCOPY OF THE STATEMENT OF MARKS OF THE PETITIONER FOR THE 1ST YEAR 2ND SEMESTER DATED 2.2.2006.
EXHIBIT P3 A PHOTOCOPY OF THE STATEMENT OF MARKS OF THE PETITIONER FOR THE 1ST YEAR 2ND SEMESTER DATED 21.4.2007.
EXHIBIT P4 PHOTOCOPY OF THE STATEMENT OF MARKS OF THE PETITIONER FOR THE 2ND YEAR 3RD SEMESTER DATED 28.11.2006.
EXHIBIT P4 A PHOTOCOPY OF THE STATEMENT OF MARKS OF THE PETITIONER FOR THE 2ND YEAR 3RD SEMESTER DATED 7.11.2007.
EXHIBIT P5 PHOTOCOPY OF THE STATEMENT OF MARKS OF THE PETITIONER FOR THE 4TH SEMESTER DATED 23.4.2007.
EXHIBIT P6 PHOTOCOPY OF THE STATEMENT OF MARKS OF THE PETITIONER FOR THE 5TH SEMESTER DATED 16.8.2007.Wpc 39522/2018 -:5:-
EXHIBIT P7 PHOTOCOPY OF THE STATEMENT OF MARKS OF THE PETITIONER FOR THE 6TH SEMESTER DATED 5.11.2007.
EXHIBIT P8 PHOTOCOPY OF THE LL.B CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA TO THE PETITIONER DATED 27.12.2008.
EXHIBIT P9 PHOTOCOPY OF THE CERTIFICATE OF ENROLLMENT ISSUED TO THE PETITIONER BY THE BAR COUNCIL OF KERALA DATED 30.12.2007.
EXHIBIT P10 PHOTOCOPY OF THE E-MAIL REMINDER SENT TO THE 1ST RESPONDENT BY THE PETITIONER. EXHIBIT P10 A PHOTOCOPY OF THE CASH RECEIPT OF PAYMENT OF FEE ISSUED BY THE UNIVERSITY OF KERALA.
EXHIBIT P11 PHOTOCOPY OF THE ORDER DATED 29.10.2018 IN WPC NO.32401/2018 PASSED BY THIS HONOURABLE COURT.
EXHIBIT P12 PHOTOCOPY OF THE ABSTRACT OF MINUTES DATED 14.11.2018 PASSED BY THE 3RD RESPONDENT.
RESPONDENTS' EXTS: NIL \\TRUE COPY// PS TO JUDGE ms