IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 37218 of 2009(V) -------------------------- PETITIONER: --------------- S.M.RAFI, AGED 27 YEARS, S/O.S.SHIBILY, KAVUVILA HOUSE, MANICKAL, VENJARAMOOD, THIRUVANANTHAPURAM-695 607. BY ADV. MR. V.A.MUHAMMED MR. K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM. 3. THE CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY, THIRUVANANTHAPURAM. 4. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS, KOTTAYAM-686 560. 5. THE KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR. R1 BY GOVERNMENT PLEADER MR. T.K. ARAVINDAKUMAR BABU R2 AND R3 MR. M. RAJAGOPALAN NAIR, STANDING COUNSEL R4 MR. T.A. SHAJI, STANDING COUNSEL R5 MR. P.C. SASIDHARAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 37218 OF 2009 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE DEGREE CERTIFICATE (B.LI.SC.) EXT.P2 : TRUE COPY OF THE TRANSFER CERTIFICATE EXT. P3 : TRUE COPY OF THE COURSE & CONDUCT CERTIFICATE EXT. P4 : TRUE COPY OF THE HALL TICKET EXT. P5 : TRUE COPY OF THE RESULT SHEET EXT. P6 : TRUE COPY F THE CASH RECEIPT EXT. P7 : TRUE COPY OF THE SYLLABUS OF REGULAR COURSE EXT. P8 : TRUE COPY OF THE SYLLABUS OF OFF CAMPUS COURSE EXT. P9 : TRUE COPY OF THE MEMO NO. ACC/33/32/07 OF THE KERALA UNIVERSITY EXT. P10:TRUE COPY OF THE INFORMATION RECEIVED UNDER R.I. ACT (KERALA UNIVERSITY) EXT.P11 : TRUE COPY OF THE -DO- (KANNUR UNIVERSITY) EXT. P12: TRUE COPY OF THE -DO- (M.G. UNIVERSITY) EXT.P13: TRUE COPY OF ADVERTISEMENT IN CAREER PLUS EXT. P14 : TRUE COPY OF THE REPRESENTATION OF THE PETITIONER EXT. P15: TRUE COPY OF THE G.O.9MS)NO. 526/PD OF THE GOVERNMENT EXT.P16: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P. NO. 590/1995-T EXT.P17:TRUE COPY OF THE -DO- IN W.P.(C) NO. 31118/2003-K EXT.P18 :TRUE COPY OF THE -DO- IN W.P.(C) NO. 22946/2008 - F EXT.P19: TRUE COPY OF THE MEMO NO. AC.C/36473/2007 OF THE KERALA UNIVERSITY /True copy/ P.A. to Judge P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 37218 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 22nd day of March, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : (i) call for the records relating to Exts. P9 and P19 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) declare that the Bachelor of Library and Information Science (Off campus) course conducted by M.G. University is recognised by the Kerala University and equivalent to Master of Library and Information Science course of Kerala University. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding he 2nd respondent to issue the mark list and certificate of the petitioner as regards Master of Library and Information Science. (iv) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case. 2. Heard the learned Standing counsel appearing for the University as well. 3. During the course of hearing, it is brought to the notice of this Court that, in view of the specific observation made by the Apex Court in Sanatan Gauda Vs. Berhampur University and Others (1990 (3) SCC 23), particularly in Paragraph 15, the stand taken by the W.P. (C) No. 37218 of 2009 : 2 : University is liable to be intercepted. The observation of the Apex Court in Paragraph 15 as aforesaid as follows: 15. This is apart from the fact that I find that in the present case the appellant while securing his admission in the Law College had admittedly submitted his marks-sheet along with the application for admission. The Law College had admitted him. He had pursued his studies for two years. The University had also granted him the admission card fro the Pre-Law and Intermediate Law examinations. He was permitted to appear in the said examination. He was also admitted to the final year of the course. It is only at the stage of the declaration of his results of the Pre-Law and Inter-Law examinations that the University raised the objection to his so called ineligibility to be admitted to the Law Course., The University is, therefore, clearly estopped from refusing to declare the results of the appellant's examination of from preventing him from pursuing his final year course. 4. In the above circumstances, the Writ Petition is disposed of directing the second respondent to issue mark list and certificate of the petitioner in respect of the course “Master of Library and Information Science”, as expeditiously as possible, at any rate, within one month, from the date of receipt of a copy of this judgment. The Writ Petition is disposed of P. R. RAMACHANDRA MENON, JUDGE kmd