IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 14120 of 2009(H) -------------------------- PETITIONER(S): ----------------- ANN MATHEW, STUDENT, M.A.SECOND SEMESTER (ENGLISH LANGUAGE AND LITERATURE), ST.TERESA'S COLLEGE, ERNAKULAM, 103, PALMGROVE APARTMENTS, GEORGE EDEN STREET, KALOOR, KOCHI-17. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA RESPONDENT(S): ------------------ 1. THE MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, PIN-686 560, REPRESENTED BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, PIN-686 560. 3. THE PRO-VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, PIN-686 560. 4. CONTROLLER OF EXAMINATIONS, THE MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, PIN-686 560. 5. THE UNIVERSITY OF MUMBAI, KALINA, SANTACRUZ EAST, MUMBAI, PIN- 6. PRINCIPAL, MITHIBAI COLLEGE OF ARTS, VILE-PARLE (WEST), MUMBAI-400 056. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14120/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER. EXT.P2: TRUE COPY OF THE SECONDARY SCHOOL CERTIFICATE. EXT.P3: TRUE COPY OF THE SENIOR SCHOOL CERTIFICATE. EXT.P4: TRUE COPY OF THE MARK LIST OF SECONDARY SCHOOL EXAMINATION 2003. EXT.P5: TRUE COPY OF THE MARK LIST OF SECONDARY SCHOOL EXAMINATION, 2005. EXT.P6: TRUE COPY OF THE TRANSFER CERTIFICATE OF THE PETITIONER. EXT.P7: TRUE COPY OF THE NATIVITY CERTIFICATE OF THE PETITIONER. EXT.P8: TRUE COPY OF THE ELECTION IDENTITY CARD. EXT.P9: TRUE COPY OF THE PROVISIONAL STATEMENT OF ELIGIBILITY DT 8.6.05 ISSUED BY THE UNIVERSITY OF MUMBAI. EXT.P10: TRUE COPY OF THE 1 YEAR B.A. MARK LIST. EXT.P11: TRUE COPY OF THE II YEAR B.A. MARK LIST. EXT.P12: TRUE COPY OF THE III YEAR B.A. MARK LIST. EXT.P13: TRUE COPY OF THE III YEAR BA PASS CERTIFICATE. EXT.P14: TRUE COPY OF THE B.A. DEGREE CERTIFICATE. EXT.P15: TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED FROM MITHIBAI COLLEGE OF ARTS. EXT.P16: TRUE COPY OF THE MIGRATION CERTIFICATE DT 25.8.2008 ISSUED TO THE PETITIOENR by the UNIVERSITY OF MUMBAI. EXT.P17: TRUE COPY OF THE CERTIFICATE DT 1.9.2008. EXT.P18: TRUE COPY OF THE CERTIFICATE DT 6.1.2009. EXT.P19: TRUE COPY OF THE APPLICATION DT 4.11.2008 SUBMITTED BY THE PETITIOENR TO THE REGISTRAR, UNIVERSITY OF MUMBAI. WPC NO.14120/09 -2- EXT.P20: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE PRINCIPAL OF MITHIBAI COLLEGE DT 4.11.2008. EXT.P21: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIOENR TO THE CONTROLLER OF EXAMINATIONS DT 4.11.2008. EXT.P22: TRUE COPY OF THE REPRESENTATION DT 4.11.2008 SUBMITTED BY THE PETITIOENR TO THE REGISTRAR, MAHATMA GANDHI UNIVERSITY. EXT.P23: TRUE COPY OF THE ELIGIBILITY CERTIFICATE. EXT.P24: TRUE COPY OF THE MEMO NO.EH-XIII/1/2009 DT 4.2.2009 OF THE CONTROLLER OF EXAMINATIONS OF MAHATMA GANDHI UNIVERSITY. EXT.P25: TRUE COPY OF THE MEMO NO.EH XIII/2009 DT 9.3.2009 OF THE ASSISTANT REGISTRAR, MAHATMA GANDHI UNIVERSITY. EXT.P26: TRUE COPY OF THE AFFIDAVIT ON STAMP PAPER. EXT.P27: TRUE COPY OF THE HALL TICKET WITH REG.NO.100582. EXT.P28: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENR BEFORE THE VICE CHANCELLOR M.G.UNIVERSITY DT 12.3.2008. EXT.P29: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE PRO-VICE CHANCELLOR, M.G. UNIVERSITY DT 12.3.2008. EXT.P30: TRUE COPY OF THE MEMO NO.EH/XIII/1/S1/2009(1) DT 18.4.2009 OF THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 14120 OF 2009 (H) ===================== Dated this the 9th day of September, 2009 J U D G M E N T The petitioner is presently studying for MA Literature in the St.Teresa's College, Ernakulam and is now attending the 3rd Semester Classes. Exts.P1 to P8 are the birth certificate, certificates issued by the Central Board of Secondary Education, marklist issued by the CBSE, transfer certificate issued by Somerville School, Delhi, Nativity certificate and also electoral identity card. All these documents show that the name of the petitioner is Ann Mathew, daughter of Mathew Cherian. According to the petitioner, on her father getting posted at Mumbai, she joined the 6th respondent college affiliated to the 5th respondent University for Degree course. It is stated that Ext.P9 is the provisional statement of eligibility issued to the petitioner by the 5th respondent University indicating her name as Ann Mathew, and this entry is consistent with Exts.P1 to P8. On that basis, she secured admission in the 6th respondent college and completed the Degree course. 2. Exts.P10, P11 and P12 are the respective marklists for WPC 14120/09 :2 : the first, second and third years, issued by the 6th respondent College in which the name of the petitioner has been indicated as Mathew Ann V.Sophie, Mathew Ann V.Cherian Sophie and Mathew Ann Mathew Sophie respectively. In Ext.P13 pass certificate issued by the 5th respondent University and in Ext.P14 degree certificate issued by the University, her name has been shown as Mathew Ann Mathew Sophie. However, when Ext.P15 transfer certificate was issued by the 6th respondent college duly signed by the Principal, the name of the petitioner has been again shown as Ann Mathew. Similarly in Ext.P16 migration certificate issued by the 5th respondent University also, her name is shown as Ann Mathew. 3. On the strength of the Degree thus acquired by the petitioner from the 5th respondent University, she applied for admission to MA Literature course in the St.Teresa's College affiliated to respondents 1 to 4 and an application was made to the 1st respondent for an eligibility certificate. The University thereupon doubted the identity of the petitioner in view of the fact that her name as mentioned in the certificates issued by the 5th respondent University were different. Thereupon the petitioner WPC 14120/09 :3 : applied to the 5th respondent College to certify that her correct name is Ann Mathew and that she herself was the person mentioned in the certificates issued by the 5th respondent University and the 6th respondent College. 4. Accordingly, Ext.P17 certificate was issued by the 6th respondent College, where after indicating the different names mentioned in Exts.P10, P11 and P12, 6th respondent certified that the petitioner Smt.Ann Mathew is the person mentioned in the certificates and her correct name as per the college records is Ann Mathew. Similarly, the Controller of Examinations of the 5th respondent University also issued Ext.P18 certificate, certifying that the correct name of the petitioner is Ann Mathew and that she is the person in respect of whom the degree certificate and the marklists were issued. 5. According to the petitioner, despite all this, the 1st respondent University was unwilling to accept the aforesaid documents and regularise the admission, which she had secured in the meanwhile at the St.Teresa's College. 6. Thereupon the petitioner submitted Ext.P19 to the 5th respondent University requesting to correct her name in the WPC 14120/09 :4 : records and the certificates. Thereafter, she submitted Ext.P20 request to the 6th respondent requesting to forward Ext.P19 to the University. Simultaneously, she also approached the Controller of Examinations of the 5th respondent University by filing Ext.P21. Response was not forthcoming to any one of these requests and therefore petitioner submitted Ext.P22 to the 1st respondent University enclosing Exts.P19 to 21 and requesting to permit her to appear in the examinations conducted by the University. 7. Apparently on the request so made by the petitioner Ext.P23 eligibility certificate was issued by the University, which however carried her name as Mathew Ann Mathew Sophie. Thereafter, on behalf of the 4th respondent, Exts.P24 and P25 memos were issued permitting the petitioner to register for MA English 1st Semester Examination, 2009 from the centre St.Teresa's College, subject to her producing an affidavit in a stamp paper undertaking to register for the examination provisionally and get proper correction of her name in the degree marklists and certificates at the earliest. Another condition that was imposed was that the result of the examinations will be withheld until the correction as above is obtained. WPC 14120/09 :5 : 8. In compliance with the above, petitioner submitted Ext.P26 affidavit and accordingly she was issued Ext.P27 hall ticket, which again carried her name as Mathew Ann Mathew Sophie. Even thereafter, petitioner represented to respondents 2 and 3 by Exts.P28 and P29, to which, Ext.P30 reply was issued, where the 1st respondent University reiterated its demand that the petitioner should get the name corrected in the certificates/marklists issued by the 5th respondent University. It was thereupon that the petitioner filed this writ petition seeking to quash Ext.P30 and to direct the University to regularise her admission with name Ann Mathew, permit her to appear for the examinations and declare the results on that basis. 9. This Court admitted the writ petition and on receipt of notice, a counter affidavit has been filed by respondents 1 to 4. In para 5 of the counter affidavit, it is stated that the petitioner's name is written as Ann Mathew in number of documents viz., Secondary School Certificate, Senior School Certificate and marklists, election identity card etc., and that these documents may provide proof to establish her name as Ann Mathew, but however, according to the University, the inconsistencies are to WPC 14120/09 :6 : be corrected in the marklists and certificates issued by respondents 5 and 6. University also accepts that even though the petitioner made several attempts to persuade the 5th respondent University to effect corrections, no response were forthcoming from the 5th respondent. It is further stated that the University is not bound to accept the documents other than those issued by the 5th respondent for its purposes. 10. From the voluminous records produced by the petitioner, it can be seen to be a case where the petitioner has been described with different names by the 5th respondent and the 6th respondent at different points of time and these names are reflected in the certificates issued by them. However, reference is made to Exts.P1 to P8 and also Exts.P17 and P18 certificates issued by the 6th respondent College as also the 5th respondent University, which makes it evident that the person in whose favour the certificates in question has been issued is none other than the petitioner, Miss. Ann Mathew. The counter affidavit filed by the University also leads to an inference that though the University accepts that as a matter of fact the correct name of the petitioner is Ann Mathew, still having regard to the fact that her WPC 14120/09 :7 : name is not correctly indicated in the documents obtained from the 5th respondent University, they want those documents to be corrected to regularise the admissions. 11. Facts show that all possible efforts have been made by the petitioner to get her name corrected in the records issued by the 5th respondent University and the College. But however, she has not been successful. Since on facts, it is evident that all these documents have been issued in the name of none other than the petitioner, whose identity is also not in dispute, I feel the technical objection that the name has been incorrectly shown in Exts.P10 to P14 by itself should not deprive the petitioner from the fruits of her labour or that she should be denied opportunity to pursue her studies. Therefore, respondents 1 to 4 should allow the petitioner to pursue her studies without insisting that the petitioner should accomplish the impermissible task of getting her name corrected in the certificates issued by the 5th respondent University. Therefore, the writ petition is disposed of directing that respondents 1 to 4 shall regularise the admissions granted to the petitioner in the St.Teresa's College, Ernakulam affiliated to the 1st respondent University for MA Literature Course showing her name WPC 14120/09 :8 : as Ann Mathew and without insisting on the production of any further records from the 5th or 6th respondents. It is directed that on that basis, the results of the examination already undertaken by the petitioner will be declared and the certificates issued and she will also be permitted to pursue her studies and appear for the future examinations as well. ANTONY DOMINIC, JUDGE Rp