IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 20364 of 2009(M) -------------------------- PETITIONER(S): --------------- 1. ASAMSA RANI VELAKKAT, AGED 21 YEARS, D/O.CHITHAMPARAN, VALAKKAT HOUSE, PO, KAZHIMBRAM, EDAMUTTOM VIA, THRISSUR 680 568. 2. FASNI P.M, D/O.MUHAMMED ASHRAF, PARAKULANGA HOUSE, PAZHUVIL WEST PO, THRISSUR DIST. 3. ROSHINI ABDULLA, D/O. ABDULLA, NEDUMPURAKKAL HOUSE, PERINGOTTUKARA PO, THRISSUR DIST. 4. SANA SUKUMARAN, D/O.T.C.SUKUMARAN, THAYVALAPPIL HOUSE, THELAPPALLY, MADAYIKONAM PO, THRISSUR DIST. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------- 1. THE UNIVERSITY OF KERALA REP.BY REGISTRAR, KARIAVATTOM PO, THIRUVANANTHAPURAM 686 581. 2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, KARIAVATTOM PO, THIRUVANANTHAPURAM 686 581. 3. THE KERALA INSTITUTE OF TOURISM AND TRAVEL STUDIES, RESIDENCY, THYKAUD, THIRUVANANTHAP0RAM 695 014 REP. BY ITS REGISTRAR. BY SRI. M. RAJAGOPALAN NAIR, SC, UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON 20/07/2009 DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.20364 of 2009 -------------------------- Dated this the 20th July,2009 J U D G M E N T Petitioners are prosecuting the 2nd semester in the Master of Business Administration (M.B.A) in the 3rd respondent institution. The stand taken by the University is that the qualifying examination acquired by the petitioners is not recognized by the University. This was considered by this Court in Exts.P1 and P2 judgments and the Vice Chancellor was directed to take a decision, as directed hereunder. Paragraph 13 of Ext.P1 judgment reads as follows: “Accordingly, there will be a direction to the Vice Chancellor of the 3rd respondent, University, to consider whether the BTS degree offered by the M.G University, to the students who attend the Off-campus centres including the petitioners' herein, can be treated as equivalent to the BTS Degree offered by the M.G University to regular students. Vice Chancellor shall take a decision in this regard, after hearing a representative of the petitioners' and with reference to Ext.P6 in WP (C) No.26515/2008. Vice chancellor may take such a decision after consultation with the Dean W.P ( C) No.20364 of 2009 2 and the Board of studies. Such decision shall be taken within two months from the date of receipt of a copy of this judgment. It is open to the petitioners to place materials before the Vice Chancellor in substantiation of their contention. Interim orders passed by this court shall continue to operate till a decision is taken by the Vice Chancellor.” 2. Petitioners' are aggrieved by their inability to take second semester MBA Examination. 3. Heard learned standing counsel for the University also. 4. The question of recommendation of recognising the qualifying examination passed by the petitioners, is pending decision by the Vice Chancellor, as already directed by this Court in Exts.P1 and P2. 5. Therefore, the petitioners may be permitted to attend the 2nd semester examination on a provisional basis. They shall be issued with hall tickets, if not already issued. At any rate, they shall be permitted to attend the 2nd Semester MBA Examination. The results of the petitioners' participation shall be published only after the Vice Chancellor takes a decision as already directed in Exts.P1 W.P ( C) No.20364 of 2009 3 and P2 and subject to the decision to be taken by the Vice Chancellor. It is further made clear that petitioners' participation in the examination as permitted herein will not be treated as consequent to any opinion expressed by this Court. If the Vice Chancellor takes a decision adverse to them, subject to the right of the petitioners to take appropriate steps in relation to the decision to be taken by the Vice Chancellor the participation by the petitioners shall be treated as nonest. Writ petition is disposed of. (V.GIRI,JUDGE) ma W.P ( C) No.20364 of 2009 4 W.P ( C) No.20364 of 2009 5 W.P ( C) No.20364 of 2009 6