IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 24829 of 2009(W) -------------------------- PETITIONER(S): --------------- DR. A.K. SHAHANA, MEDICAL OFFICER, GOVT. AYURVEDA HOSPITAL, CHELAKKARA, RESIDING AT SALAAMA RAILWAY STATION P.O., WADAKENCHERY, TRICHUR DIST. BY ADV. SRI.M.S.UNNIKRISHNAN SMT.S.KARTHIKA SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.ABHILASH BHASKAR SRI.BINU JOHN RESPONDENT(S): --------------- 1. UNIVERSITY OF KERALA, REP. BY ITS REGISTRAR, THIRUVANANTHAPURAM. 2. THE CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY, UNIVERSITY CAMPUS, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF AYURVEDIC MEDICAL EDUCATION, THIRUVANANTHAPURM. 4. THE PRINCIPAL, GOVERNMENT AYURVEDA COLLEGE, TRIVANDRUM. R1 & R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. BY SRI. P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD FINALLY ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 24829/2009 APPENDIX PETITIONER'S EXHIBITS P1:- TRUE COPY OF THE ORDER DATED 03-06-2004 ISSUED BY THE 4TH RESPONDENT P2:- TRUE COPY OF THE ORDER DATED 05-09-2005 ISSUED BY THE 1ST RESPONDENT P3:- TRUE COPY OF THE LETTER DATED 02-09-2005 ISSUED BY THE MEDICAL OFFICER, TRICHUR. P4:- TRUE COPY OF THE ORDER DATED 30-09-2005 ISSUED BY THE 4TH RESPONDEDNT P5:- TRUE COPY OF THE PROVISIONAL PG CERTIFICATED DATED 19-06-2006. P6:- TRUE COPY OF THE MEMO DATED 19-05-2007 ISSUED BY THE 1ST RESPONDENTS P7:- TRUE COPY OF THE LETTER DATED 14-12-2007 ISSUDED BY THE RESPONDENT. P8:- TRUE COPY OF THE LETTER DATED 28-02-2008 ISSUED BY THE 1ST RESPONDENT P9:- TRUE COPY OF THE LETTER DATED 13-03-2008 ISSUED BY THE 4TH RESPONDENT. P10:- TRUE COPY OF THE COMMUNICATION DATE 15-10-2008 ISSUED BY THE 3RD RESPONDEDNT. P11:- TRUE COPY OF THE REPRESENTATION DATED 26-06-2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P12:- TRUE COPY OF THE RELEVANT PAGES IF INDIAN MEDICINE CENTRAL COUNCIL (POST GRADUATION)REGULATION 2005 //TRUE COPY// P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 24829 of 2009 - W ---------------------------------------- Dated 21st December, 2009 Judgment The petitioner underwent the Post graduate degree course in 'Salyathantra' from Government Ayurveda College, Thiruvananthapuram, a college affiliated to the University of Kerala. She appeared for the final year examination conducted in March, 2006. She passed all the examinations. A provisional degree certificate to the effect that she has passed the Post graduate degree examination, a copy of which is produced as Ext.P5, was also issued on 19.6.2006. The petitioner is presently employed as Medical Officer, Ayurveda in Indian Systems of Medicine Department. Long thereafter, the Principal of the College where she underwent her studies sent several letters to the Controller of Examinations, University of Kerala pointing out that the petitioner has to undergo three more months' of study in order to make her eligible to appear for the final year examination. As a result of the said letters, the petitioner's application for the degree W.P.(C) No.24829/2009 2 certificate was kept pending. This writ petition was thereupon filed mainly seeking a direction to respondents 1 and 2 to issue the post graduate degree certificate to the petitioner. 2. The learned counsel appearing for the University of Kerala has filed a statement dated 17.12.2009 and produced along with it the letters sent by respondents 3 and 4 and also the replies sent to them. It is stated that it was on account of the dispute raised by respondents 3 and 4 that the degree certificate was not issued. 3. The fact that the petitioner has completed the course of study and has appeared for and passed all the examinations conducted by the University for the post graduate degree course in 'Salyathantra' is not in dispute. No objection was raised when the petitioner appeared for the final year examination that she has not undergone the prescribed course of study. It was long after she completed the course of study that the Principal of the College raised such a dispute. 4. The Apex Court has in Guru Nanak Dev University v. Sanjay Kumar Katwal and another ((2009) 1 SCC 610) held that long after a student has completed the course of W.P.(C) No.24829/2009 3 study and was permitted to appear the examination, the University cannot be heard to contend that the admission of the candidate was irregular or that he was ineligible for admission. Applying the principles laid down in the aforesaid decision, it has to be necessarily held that the University of Kerala cannot now be heard to contend that the petitioner who has appeared and passed the post graduate degree examination and has been issued a provisional degree certificate way back in the year 2006 should attend classes for a further period of three months in order to make her eligible for the receipt of the post graduate degree Certificate. In such circumstances, I dispose of this writ petition with a direction to respondents 1 and 2 to issue a degree certificate to the petitioner expeditiously and in any event, within one month from the date on which she produces a certified copy of this judgment before the Registrar, University of Kerala. P.N.RAVINDRAN Judge vaa