Kerala High Court
Asok Chacko Thomas vs Mahatma Gandhi University on 14 October, 2009
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8289 of 2009(E)
1. ASOK CHACKO THOMAS, NEDUVELIL HOUSE,
... Petitioner
2. PRAJEESH.A., PRASANTHY HOUSE,
Vs
1. MAHATMA GANDHI UNIVERSITY, REPRESENTED
... Respondent
2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY
3. THE UNIVERSITY GRANTS COMMISSION,
4. THE NATIONAL UNIVERSITY OF ADVANCED
5. THE UNION OF INDIA, MINISTRY OF HUMAN
For Petitioner :SRI.V.JOHN MANI
For Respondent :SRI.BENOY K.KADAVAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/10/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.8289 OF 2009 (E)
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Dated this the 14th day of October, 2009
J U D G M E N T
Counsel for the petitioners submit that the first petitioner alone is interested in prosecuting the writ petition. This submission is recorded.
2. First petitioner is a graduate from the National University of Advanced Legal Studies, the 4th respondent in this writ petition. Ext.P1 is his Degree Certificate. Thereafter he joined 3 year LLM course conducted by respondents 1 and 2 at the study center at St.Paul's College, Kalamassery and commenced his studies. According to the Ist petitioner, while so on 22.12.2008, he was summoned by the Course Coordinator and was directed to produce Eligibility Certificate issued by the first respondent University. Petitioner submits that, thereupon he made an application for Eligibility Certificate, but however the certificate was not issued by respondents 1 and 2. Thereupon though he made Ext.P7 representation, there was no reply. It is stated that for want of Eligibility Certificate he had to discontinue his studies. In these circumstances, the writ petition was filed praying for WPC.No.8289/09 :2 : directing the respondents 1 and 2 to issue Eligibility Certificate enabling him to continue his studies.
3. On behalf of the Ist respondent, University a statement, dated 3rd August, 2009 has been filed stating that all regular degrees conferred by the Universities listed by the Association of Indian Universities/University Grants Commission have been recognized by the M.G. University as per its order dated 17.3.1999. It is stated that the name of the 4th respondent is not seen listed in the hand book published by the Association of Indian Universities and therefore the University has sought clarification from the Association of Indian Universities as well as the University Grants Commission as per Annexures A and B letters. It is stated that the University will take urgent steps for issuing Eligibility Certificate immediately on receipt of the clarification that it has sought, provided the 4th respondent is recognized and the candidate has undergone course as a regular student.
4. Affidavits have been filed by respondents 3 and 4 as well. The 3rd respondent UGC, in paragraph 10 of its affidavit has stated that the 4th respondent, the National University of Advance Legal Studies is a State University established under the National WPC.No.8289/09 :3 : University of Advanced Legal Studies Act, 2005 and that it is a University within the meaning of Section 2(f) of the UGC Act 1956, entitled to confer or award degree specified by UGC as provided under Section 22 of the UGC Act. It is also stated that presently the UGC is not maintaining any list of Universities recognized under Section 2(f) of the Act. The 4th respondent in its counter affidavit has stated that it is a University entitled to confer degree and therefore the first respondent University is liable to issue Eligibility Certificate without any further proceedings. It is also stated that Association of Indian Universities is a voluntary organization and that the 4th respondent is not a member of the Association.
5. I heard the Counsel appearing for the parties. Section 25 of the M.G. University Act, 1985 specifies the powers and duties of the Academic Council. In terms of sub Section (xi) it is for the Academic Council to decide on the examinations of the other universities, which may be treated as equivalent to those of the University and to negotiate with other Universities for recognition of examinations of the University. It is in pursuance to this power that the Academic Council in its meeting held on 10.12.2998 resolved to grant recognition to regular courses/ WPC.No.8289/09 :4 : degrees of Universities listed by the Association of Indian Universities/ University Grants Commission from time to time. It is in pursuance to this decision of the Academic Council that the University Order dated 17.3.1999, produced along with the memo dated 5th October, 2009, has been issued. A perusal of the aforesaid resolution of the Academic Council shows that any regular course/degree of universities listed by the Association of Indian Universities/UGC stands automatically recognized by the first respondent University.
6. Section 2(f) of the UGC Act defines a University as one established or incorporated by or under a Central Act, a provincial Act or a State Act and includes any such Universities as may in consultation with the University concerned is recognized by the Commission in accordance with the resolutions under the UGC Act, 1956. Universities defined in Section 2(f) are entitled to confer Degrees in view of Section 22 of the UGC Act referred to above.
7. The 4th respondent is a University established under the National University and Advance Legal Studies Act, 2005(Act 27 of 2005), a State Act, and this fact has been recognized by the UGC in paragraph 10 of its counter affidavit. The Ist respondent WPC.No.8289/09 :5 : also has no case to the contrary. In the said counter affidavit, UGC has further accepted that the 4th respondent is entitled to confer degrees as well. It is also evident from its counter affidavit that, UGC is not maintaining any list of Universities, recognized by it. Counter affidavit of the 4th respondent also shows that it is a University and that it is not a member of the Association of Indian Universities, which is only a voluntary organization. In such a situation, the resolution of the Academic Council granting automatic recognition to courses/ degrees will not come to the rescue of students of the respondent University like the petitioner since the 4th respondent is not included in the list maintained by the Association of Indian Universities and as UGC is not maintaining any list. However, that does not mean that the future of the students can be at peril and the Ist respondent cannot be a silent spectator. Since the counter affidavit of the UGC accepts the fact that the 4th respondent is a University as defined in Section 2(f) entitled to confer degree as provided in Section 22 of the UGC Act and in the absence of any list maintained by the UGC, I do not think that there is any rationale in the first respondent University insisting on recognizing only the regular course/degree of the Universities WPC.No.8289/09 :6 : included in the list maintained by the UGC. The Association of Indian Universities, being only a voluntary organization, none can compel the 4th respondent to obtain membership in the Association nor can the Ist respondent make recognition of courses, conditional on such membership, I am of the view, in the light of the stand taken by the UGC, fairness requires that the first respondent University should issue Eligibility Certificate to the students of the 4th respondent University who have attended regular courses/degrees. In view of the above, if a request for Eligibility Certificate is received, what the first respondent need examine is whether the student concerned has attended regular courses/degree in the 4th respondent University. On such verification, if it is satisfied that the student satisfies this condition, the Ist respondent shall issue an Eligibility Certificate as sought for.
8. Accordingly, the writ petition is disposed of directing that it will be open to the first petitioner to approach respondents 1 and 2 for the issue of an Eligibility Certificate in which event the first respondent shall examine whether the first petitioner was a regular student of course/degree conducted by the 4th respondent University and if that condition is satisfied, the WPC.No.8289/09 :7 : Eligibility Certificate as sought for shall be issued, without ay further delay.
Writ petition is allowed as above. No costs.
(ANTONY DOMINIC) JUDGE vi/