IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 1308 of 2008(E) --------------------------------- PETITIONER: ---------------- ARYA PILLAI M., AGED 22, D/O.SMT.MINI, POOMUTTATHU VEEDU, KUNNATHUR EAST, KOLLAM. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENTS: ------------------ 1. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 2. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. UNIVERSITY GRANT COMMISSION REP. BY SECRETARY, BAHADURSHAH ZAFAR MARG, NEW DELHI - 110 002. 4. THE PRINCIPAL, M.S.N.INSTITUTE OF MANAGEMENT AND TECHNOLOGY, MUKUNDAPURAM, CHAVARA, KOLLAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1&R2 SRI.B.RADHAKRISHNA PILLAI FOR R4 SMT.S.AMBIKA DEVI FOR R4 SMT.K.B.REKHA FOR R4 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.1308/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF DEGREE CERTIFICATE IN B.SC COMPUTER SCIENCE ALONG WITH GRADE CARD ISSUED TO THE PETITIONER. EXT. P2 : COPY OF LETTER DT.6.6.06 ISSUED BY RESPONDENT No.4. EXT. P3 : COPY OF APPLICATION DT.19.09.07 WITH ENDORSEMENT OF UNIVERSITY. EXT. P4 : COPY OF LETTER DT. 19.12.06 ISSUED BY RESPONDENT No.3. EXT. P5 : COPY OF LEGAL NOTICE DT. 26.12.07 ISSUED BY THE PETITIONER. EXT. P6 : COPY OF HALL TICKET ISSUED BY THE UNIVERSITY OF KERALA FOR the SECOND SEMESTER MBA DEGREE FULL TIME EXAMINATION 2007 WITH REG. No.2210. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.1308 of 2008 --------------------------------- Dated, this the 6th day of January, 2009 J U D G M E N T After completing her B.Sc in Computer Science from Amrita Vishwa Vidyapeetham, the petitioner applied for admission to MBA course under the 4th respondent College. Ext.P1 is the degree certificate that the petitioner got for B.Sc Computer Science. Based on the petitioner's MAT Score, Group Discussion and Personal Interview the 4th respondent granted admission to the petitioner and she was intimated of the same by Ext.P2. 2. Subsequently, the petitioner applied for Eligibility Certificate from the 1st respondent University and that was turned down on the ground that the College from where the petitioner acquired degree was not a recognised one. The petitioner submits that while so, the UGC issued Ext.P4 informing the University that the College where the petitioner had studied for degree was a Deemed University, which is empowered to award degrees. 3. In the meanwhile the petitioner continued her studies under the 4th respondent. It is the admitted position that as an MBA student the petitioner was attending the classes, fees were accepted, WP(C) No.1308/2008 -2- hall tickets were issued, appeared for examinations and result was also declared. However, though she successfully completed the Course, on the ground that the degree obtained by the petitioner from Amrita Vishwa Vidyapeetham is not a recognised one, the University refused to issue the degree certificate and the mark lists. 4. In the counter affidavit filed by the University, the only reason stated is that the Amrita Vishwa Vidyapeetham is not a member of the Association of Indian Universities, which is mandatory as per the regulations of the 1st respondent University. Proceeded further, it is stated in paragraph 7 as follows :- “7. Now this respondent has received letters from the UGC and the Association of Indian Universities confirming that such enlistment in the Association of Indian Universities is not mandatory to those institutions approved by the UGC. Based on this steps are being initiated by the University to place the matter before the Academic Council for discussion and further necessary action in the matter, since membership of Association of Indian Universities is mandatory as per the Regulations of Recognition of Courses of this University.” However, even as on date, the University does not have a case that they have placed the matter before the Academic Council as undertaken in the counter affidavit. 5. As already noticed, although the University has a case WP(C) No.1308/2008 -3- that the petitioner had obtained her degree from an unrecognized institution, the facts remains that the petitioner was admitted for the MBA course, permitted to study the course, accepted fees, issued hall tickets, allowed to appear for the examinations and successfully completed the course. The question is whether, at this stage, the University can take a stand that since the basic degree obtained by the petitioner was from an unrecognized institution, she is not entitled to enjoy the fruits of the course undertaken by her. In my view, it is impermissible to the University and this position is covered by the judgments of this Court in WP(C) Nos.18901 and 29180 of 2007. 4. In view of the above, the writ petition is disposed of directing the 1st respondent University to issue mark lists and degree certificate for the MBA course undertaken by the petitioner under the 4th respondent College. This shall be done as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg