IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 21740 of 2009(J) -------------------------- PETITIONERS: -------------------- 1. ASAMSA RANI VELAKKAT, AGED 21 YEARS, D/O.CHITHAMPARAN, VELAKKAT HOUSE, P.O.KAZHIMBRAM, EDAMUTTOM VIA, THRISSUR - 680 568. 2. FASNI.P.M., D/O.MUHAMED ASHRAF, PARAKULANGARA HOUSE, PAZHUVIL WEST P.O., THRISSUR DISTRICT. 3. ROSHNI ABDULLA, D/O.ABDULLA, NEDUMPURAKKAL HOUSE, PERINGOTTUKARA P.O., THRISSUR DISTRICT. 4. SANA SUKUMARAN, D/O.T.C.SUKUMARAN, THAYVALAPPIL HOUSE, THELAPPALLY, MADAYIKONAM P.O., THRISSUR DISTRICT. BY ADV. MR. JIJO PAUL RESPONDENTS: --------------------- 1. THE UNIVERSITY OF KERALA, REP.BY REGISTRAR, KARIAVATTOM P.O., THIRUVANANTHAPURAM - 686 581. 2. THE CONTROLLER OF EXAMINATION, UNIVERSITY OF KERALA, KARIAVATTOM P.O., THIRUVANANTHAPURAM - 686 581. 3. THE KERALA INSTITUTE OF TOURISM AND TRAVEL STUDIES, RESIDENCY, THYKAUD, THIRUVANANTHAPURAM - 695 014, REP.BY ITS REGISTRAR. R1 & R2 BY MR. M.RAJAGOPALAN NAIR, SC, KERALA UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ WP(C).No. 21740 of 2009(J) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C).No.26515/2008 DATED 02.06.2009. P2: COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C).No.29615/2008 DATED 02.06.2009. RESPONDENTS' EXHIBITS: R1(a): COPY OF THE PROCEEDINGS OF THE HEARING CONDUCTED BY THE VICE CHANCELLOR ON 27.07.2009. // TRUE COPY // P.A. TO JUDGE kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 21740 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 6th day of August 2009. JUDGMENT Petitioners are prosecuting their Course in Master of Business Administration (M.B.A.) in the third respondent institute. They were initially told by the 1st respondent that, the degree held by them viz., Bachelor of Tourism Studies (B.T.S.) offered by Mahatma Gandhi University School of Distance Education is not recognized by the Kerala University. By Ext.P1 and Ext.P2 judgments, this Court directed the Vice Chancellor to decide on the question of equivalence of the degree held by the petitioners, after hearing the petitioner and after obtaining the views of the Chairman of the Board of Studies as well. This writ petition was filed at a point of time when the Vice Chancellor was yet to take a decision pursuant to Exts.P1 and P2, but the petitioners were not permitted to take the second semester M.B.A. Examination. Taking note of the fact that Vice Chancellor was yet to take a decision, this Court permitted the petitioners to take the second semester examination. W.P.(C). No. 21740 OF 2009 2 2. A counter affidavit was been filed by respondents 1 and 2 wherein it is affirmed that the Vice Chancellor has taken a decision not to recognize the qualification held by the petitioners as a sufficient qualification for admission to M.B.A. in the University of Kerala. 3. In these circumstances, it is open to the petitioners to challenge the said decision of the Vice Chancellor. Now that the examinations have commenced, the petitioners are permitted to complete the examination, but the results shall not be declared. It shall be declared only if this Court ultimately interferes with the decision of the Vice Chancellor provided the same is challenged in appropriate proceedings and this Court entertains such challenge. The writ petition is disposed of as above. (V.GIRI) JUDGE kkms/