Kerala High Court
Thomas Eloor vs University Of Calicut on 29 March, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY ,THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941
WP(C).No. 38554 of 2018
PETITIONER/S:
THOMAS ELOOR, AGED 22 YEARS
S/O.JOJY ELLOOR, ELOOR HOUSE,
KOLENCHERRY, ERNAKULAM DISTRICT,
PIN-682311.
BY ADVS.
SRI.P.FAZIL
SMT.JAYASREE MANOJ
SRI.JITHIN PAUL VARGHESE
SRI.SAJU THALIATH
SRI.V.S.SREEJITH
RESPONDENT/S:
1 UNIVERSITY OF CALICUT
THRISSUR -CALICUT ROAD, THENHIPALAM,
CALICUT,PIN-673635,
REPRESENTED BY ITS REGISTRAR.
2 THE CONTROLLER OF EXAMINATIONS,
UNIVERSITY OF CALICUT,
THRISSUR-CALICUT ROAD,THENHIPALAM,
CALICUT,PIN-673635.
3 MARIAN INTERNATIONAL INSTITUTE OF MANAGEMENT,
KUTTIKKANAM P.O., PEERMADE,
IDUKKI DISTRICT,
KERALA-685531,
REPRESENTED BY ITS DIRECTOR.
4 MAHATMA GANDHI UNIVERSITY,
PRIYADARSINI HILLS P.O.,
KOTTAYAM, KERALA-686560,
REPRESENTED BY ITS REGISTRAR.
5 THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL
WP(C).No. 38554 of 2018
2
COLLEGES,
T.C.15/1553-4, PRASANTHI BUILDINGS,
M.P.APPAN ROAD, THIRUVANANTHAPURAM,
PIN-695014,
REPRESENTED BY ITS MANAGER.
BY ADVS.
SMT.MARY BENJAMIN, SC, ADMISSION SUPERVISORY
COMMITTEE FOR PROF. COLLEGES
SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
OTHER PRESENT:
SRI.P.C.SASIDHARAN, SC, CALICUT UTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 38554 of 2018
3
J U D G M E N T
Petitioner, who submitted application for MBA Course, is aggrieved by the denial of approval to his admission to MBA course in the 3 rd respondent College, by the 5th respondent on the ground that his results were not furnished as on the last date fixed. Subsequently, when the results were published, it was found that petitioner was awaiting results after appearing in the Supplementary Examination.
2. After completing B.Com Degree course, petitioner secured provisional admission for MBA course 2018-20, in the 3rd respondent College. At that time, he was awaiting results of the supplementary examination 2018 in two of the papers of B.Com Degree Course. The 3 rd respondent as per Ext.P2 letter dated 05.05.2018 directed the petitioner to submit his mark list of final Degree examination before 30.06.2018. As the results were WP(C).No. 38554 of 2018 4 not published, the 3rd respondent granted him further time for production of mark list. In the meanwhile, petitioner completed the first and second semester of MBA after remitting the prescribed fee. This writ petition was filed at the time when the MG University published the examination schedule of MBA course starting from 14.12.2018 onwards.
3. In the meanwhile, the 5th respondent withheld the approval for the admission of petitioner for non-production of Degree/Provisional Degree Certificate. As the time granted to him for production of the certificate was expiring petitioner submitted application for confidential mark list before the 1st respondent University, in order to produce the same before the Admission Supervisory Committee-the 5th respondent. The writ petition was filed seeking a direction to the Calicut University to publish the results of the supplementary examination in which petitioner WP(C).No. 38554 of 2018 5 appeared and to issue his mark list. Directions were also sought against 5th respondent to complete the process of his admission based on such mark list and thereafter to the 4th respondent to permit him to appear in the 1st semester MBA examination.
4. During the pendency of the writ petition results came according to which petitioner cleared all the papers.
5. The 5th respondent has filed a statement. It is stated that the 5th respondent withheld the admission of petitioner to the MBA course as per Ext.R5(C) proceedings since petitioner did not produce his Degree Certificate or Provisional Degree Certificate. The 3rd respondent produced the provisional certificate along with Ext.R5(D) letter on 19.01.2019. The 5th respondent thereupon informed the 3rd respondent that benefit of Ext.R5(A) directive i.e., the permission to appear in the entrance test and provisional admission, granting WP(C).No. 38554 of 2018 6 time for production of Degree Certificate/Provisional Degree Certificate can be granted only for those students awaiting results after appearing in the regular examination and not supplementary examination. It is stated that only those students who submitted all the requisite documents at least before the date of registration viz. 27.11.2018, can be given the benefit of Annexure R5(A).
6. I heard the learned Counsel appearing on both sides.
7. Admittedly petitioner was awaiting results of his supplementary examinations. Normally all applicants are supposed to produce the qualifying certificates before the last date fixed in the notification. The 5th respondent after due deliberations decided to give time to the students appearing in the final examination and awaiting results so as to see that they do not suffer due to WP(C).No. 38554 of 2018 7 delay in publication of results. In Ext.R5(b) Directives issued by Admission Supervisory Committee, it is provided in paragraph 11 as follows:
The delayed declaration of the results by the Universities in Kerala for the UG Programme and the consequent hardships caused to the students who attempt to appear for the post Graduate Courses had been considered in detail. It was resolved that waiting for the results should mean the non declaration of the regular final semester/final year result and not the supplementary results. The benefit to the Post Graduate admissions should be given accordingly.
8. The 5th respondent has explained that the relaxation was given only in respect of the students awaiting results after appearing in the regular final semester /final year examination and not the supplementary examination. In the case of the petitioner he was waiting for the results of supplementary examination. Therefore, the denial of approval by the 5th respondent cannot be said to be illegal. The 3rd respondent College which granted him admission should have been aware of the fact that petitioner was awaiting the results of the WP(C).No. 38554 of 2018 8 Supplementary Examination.
9. The learned Counsel for the petitioner points out that petitioner has already completed 2 semesters after remitting the prescribed fee and he has already passed the examination and therefore his admission is only to be regularised.
10. When this Court allowed the petitioner to appear in the first semester MBA Examination, as per interim order dated 04.12.2018, it was made clear that petitioner cannot claim any equity on the basis of the interim order. When the 5 th respondent had already issued Ext.R5(B) directives as early as on 07.10.2016 restricting the benefit of granting time for production of Degree certificates after the entrance test or till date of registration, only to those who were awaiting results of regular examination, the fact that petitioner was allowed to appear in the Examination or that he completed 2 semesters after remitting the prescribed fee, cannot WP(C).No. 38554 of 2018 9 be a matter for consideration for the purpose of determining the eligibility of the petitioner to appear in the entrance examination or for admission to the MBA course at the relevant time. The 5 th respondent has rightly considered the eligibility of petitioner in accordance with the decision already taken in Ext.R5(B), which is to be applied uniformly.
Therefore, I do not find any reason to interfere with the action of the 5th respondent. The writ petition fails and is dismissed. The petitioner will be free to move against the 3rd respondent, towards the loss/prejudice caused to him. The petitioner will also be free to challenge the directives in Ext.R5B.
Sd/-
P.V.ASHA, JUDGE.
AS WP(C).No. 38554 of 2018 10 nAPPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TIME TABLE OF THE SUPPLEMENTARY EXAMINATION-2018 PUBLISHED BY THE 1ST RESPONDENT UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION REF.NO.MIIM/ADM/117/2018 DATED 5.5.2018 ISSUED BY THE DIRECTOR OF THE 3RD RESPONDENT COLLEGE TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE RECEIPT NO.MIIM/18- 19/CRM.152 DATED 21.5.2018 ISSUED BY THE 3RD RESPONDENT COLLEGE.
EXHIBIT P4 TRUE COPY OF THE RECEIPT NO.MIIM/18- 19/BRM/202 DATED 16.11.2018 FOR RS.85,500/- ISSUED BY THE 3RD RESPONDENT COLLEGE.
EXHIBIT P5 TRUE COPY OF THE TIME TABLE FOR THE 1ST SEMESTER MBA (NEW SCHEME-2018 ADMISSION REGULAR/2017 ADMISSION- SUPPLEMENTARY) ISSUED BY THE 4TH RESPONDENT UNIVERSITY AS PER NOTIFICATION NO.EA 1/1/21/MBA/2018 DATED 22.11.2018.
EXHIBIT P6 TRUE COPY OF THE CHALAN RECEIPT NO.120951 DATED 26.11.2018 ISSUED BY THE 1ST RESPONDENT UNIVERSITY TO THE PETITIONER.
RESPONDENTS' EXHIBITS:
ANN.R5(A) TRUE COPY OF THE DIRECTIVE DATED 24.11.2015.
ANN.R5(B) TRUE COPY OF THE DIRECTIVE DATED 07.10.2016.WP(C).No. 38554 of 2018 11
ANN.R5(C) TRUE COPY OF THE ORDER DATED 07.11.2018.
ANN.R5(D) TRUE COPY OF THE LETTER DATED 19.01.2019.
ANN.R5(E) TRUE COPY OF THE LETTER DATED
08.02.2019.