IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 10005 of 2007(N) -------------------------------------- PETITIONER(S): --------------- BINILA PHILIP, D/O A.PHILIP, AGED 30 YEARS, 'PHIJOY', TILLERY, KOLLAM. BY ADV. MR.C.A.CHACKO SMT.C.M.CHARISMA MR.N.A.SHAFEEK RESPONDENT(S): ------------------------ 1. UNIVERSITY OF KERALA, REP.BY REGISTRAR, THIRUVANANTHAPURAM. 2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. R1 AND R2 BY ADVOCATE MR.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.10005/2007 APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE MARK LIST OF PART-TIME ENGLISH OF PETITIONER ISSUED BY THE 2ND RESPONDENT. P2: TRUE COPY OF SAHITYACHARYA CERTIFICATE DAED 10-4-2001 OF THE PETITIONER. P3: TRUE COPY OF APPLICATION DATEED 15-9-2000 FOR DEGREE CERTIFICATE. P4: TRUE COPY OF REPRESENTATION DATED 31-5-2006 SUBMITTED BEFORE THE RESPONDENTS. P5: TRUE COPY OF JUDGMENT DATED 15-11-2006 IN W.P.(C) NO.27407/2006. RESPONDENTS' EXHIBITS: R1(a) TRUE COPY OF ORDER RESOLVED IN THE ACADEMIC COUNCIL MEETING HELD ON 28TH MAY 1998. R1(b) TRUE COPY OF MINUTES OF THE MEETING OF ACADEMIC COUNCIL HELD ON 26-5-1999. ///TRUE COPY/// PS TO JUDGE. dkr S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 10005 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 21st May, 2009. J U D G M E N T The petitioner passed Part I English of the second year B.Sc. Degree examination conducted by the University of Kerala in April- May, 1996. Subsequently, she obtained Sahithyacharya certificate in Hindi issued by the Kerala Hindi Pracharsabha. The Academic Council of the University of Kerala took a decision to award B.A degree in Hindi to Sahithyacharya title holders after passing Part I degree examination subject to certain conditions. In view of that order, the petitioner applied for grant of B.A degree certificate in Hindi. The same was not considered by the University. The petitioner has therefore filed this writ petition seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to issue certificate of BA (Hindi) degree to the petitioner forthwith; ii) declare that the petitioner is entitled to get BA (Hindi) degree certificate from the respondents.” 2. A counter affidavit has been filed by the University producing Ext. R1(a) order of the University containing the conditions for award of B.A degree in Hindi to Sahithyacharya title holders. According to the University, for awarding B.A degree in Hindi to Sahithyacharya title holders, two conditions are to be satisfied. The first is that passing of Part I English should be in B.A degree examination and not in B.Sc degree examination. The second is that the petitioner passed Part I English first before passing the Sahithyacharya course and only if Part I English is passed after Sahithyacharya examination, the petitioner would be entitled to the degree. 2. In answer, learned counsel for the petitioner submits that both the grounds are unsustainable. As far as the first contention is W.P.C. No. 10005/07. -: 2 :- concerned, for both B.Sc and B.A degree examinations, Part I examination is the same and therefore it makes no difference whether the petitioner studied for B.A or B.Sc in so far as the petitioner has passed Part I examination in English. Regarding the second contention, the petitioner points out that the issue is squarely covered by Ext. P5 judgment of this Court in favour of the petitioner. 4. I have considered the rival contentions in detail. 5. Ext. R1(a) is the order of the University in this regard. As per the same, the University has resolved to award Sahithyacharya title holders B.A degree in Hindi after passing Part I degree examination in B.A subject to the conditions mentioned therein. The University has no case that the petitioner does not fulfill the conditions mentioned therein. The first contention of the University is that the petitioner passed Part I English only while studying for B.Sc degree examination and not for B.A degree examination. I do not find much merit in that contention. Of course, Ext. R1(a) speaks about award of B.A degree in Hindi to Sahithyacharya title holders after passing of Part I of B.A degree examination. It is also not disputed before me that both B.A degree and B.Sc degree students write the same examination in English. That being so, whether Part I English examination is passed while undergoing B.Sc or B.A degree course is totally irrelevant. Further, in Ext. R1(a) itself, BA/B.Sc/B.Com degree holders who have passed Sahithyacharya Title of the Kerala Hindi Prachar Sabha is allowed to appear for M.A degree Course in Hindi. Therefore, obviously, the intention in issuing Ext. R1(a) is to the effect that Sahithyacharya title holders should have passed Part I English of the degree examination, whether it is B.A or B.Sc. 6. As regards the second contention raised by the University, the same has been negatived by this Court by Ext. P5 judgment W.P.C. No. 10005/07. -: 3 :- holding that it makes no difference as to whether the candidate passed Part I English before or after obtaining the Sahithyacharya title. In the above circumstances, I am satisfied that the petitioner is entitled to award of B.A degree in Hindi. Accordingly, the writ petition is allowed and the respondents are directed to issue B.A degree certificate in Hindi to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S. Siri Jagan, Judge. Tds/