IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 28964 of 2011(U) -------------------------- PETITIONER(S): ---------------------- 1. SANOOD K.P., IST YEAR MBA STUDENT, GURUDEV INSTITUTE OF MANAGEMENT STUDIES (GIMS), SREE NARAYANA TRUST KADAKKAL, KOLLAM DISTRICT. 2. AJESH V.V., IST YEAR MBA STUDENT, GURUDEV INSTITUTE OF MANAGEMENT STUDIES (GIMS), SREE NARAYANA TRUST KADAKKAL, KOLLAM DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------- 1. UNIVERSITY OF KERALA, KARIYAVATTOM, THIRUVANANTHAPURAM, PIN - 695034 REPRESENTED BY ITS REGISTRAR. 2. CALICUT UNIVERSITY, THENJIPPALAM, MALAPPURAM DISTRICT, PIN - 673635 REPRESENTED BY ITS REGISTRAR. 3. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM - 686 560 REPRESENTED BY ITS REGISTRAR. 4. GURUDEV INSTITUTE OF MANAGEMENT STUDIES (GIMS), SREE NARAYANA TRUST KADAKKAL, KOLLAM DISTRICT, PIN - 691 536. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 SRI.SANTHOSH MATHEW, SC FOR R2 SRI.T.A.SHAJI, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28964/11 APPENDIX PETITIONERS' EXHIBITS EXT.P-1 TRUE COPY OF THE ADMISSION CERTIFICATE DATED 20.09.2011 ISSUED BY THE M/S.GURUDEV INSTITUTE OF MANAGEMENT STUDIES (GIMS), KADAKKAL KOLLAM IN FAVOUR OF THE 1ST PETITIONER CERTIFYING THAT HE IS DULY ADMITTED TO THE TWO YEARS FULL TIME MBA PROGRAMME OF THE UNIVERSITY OF KERALA. EXT.P-2 TRUE COPY OF THE ADMISSION CERTIFICATE DATED 20.09.2011 ISSUED MY THE M/S.GURUDEV INSTITUTE OF MANAGEMENT STUDIES (GIMS), KADAKKAL KOLLAM IN FAVOUR OF THE 2ND PETITIONER CERTIFYING THAT HE IS DULY ADMITTED TO THE TWO YEARS FULL TIME MBA PROGRAMME OF THE UNIVERSITY OF KERALA. EXT.P-3 TRUE COPY OF THE CERTIFICATE DATED 15.06.2011 ISSUED BY THE MAHATMA GANDHI UNIVERSITY IN FAVOUR THE 1ST PETITIONER CERTIFYING THAT HE HAS PASSED THE DEGREE OF BACHELOR OF BUSINESS ADMINISTRATION IN APRIL 2010. EXT.P-4 TRUE COPY OF THE PROVISIONAL CERTIFICATE DATED 17.06.2011 ISSUED BY THE UNIVERSITY OF CALICUT IN FAVOUR THE 2ND PETITIONER CERTIFYING THAT HE HAS PASSED THE DEGREE OF BACHELOR OF BUSINESS ADMINISTRATION IN APRIL 2010. EXT.P-5 TRUE COPY OF THE RELEVANT EXTRACT RELATING TO THE ELIGIBILITY FOR ADMISSION FOR MBA (FULL TIME/PART TIME) PROGRAMME 2009 ADMISSION ONWARDS. EXT.P-6 TRUE COPY OF THE ONE SUCH INTERM ORDER DATED 28.12.2010 PASSED IN WPC NO.38712/2010 BY THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 28964 OF 2011 ===================== Dated this the 11th day of November, 2011 J U D G M E N T According to the petitioners, they have obtained BBA Degree under the Distance Education Programme conducted by 2nd and 3rd respondent Universities. On the strength of the BBA thus obtained, they have joined the 4th respondent College for MBA Course. The 4th respondent College is affiliated to the 1st respondent. According to the petitioners, despite having secured admission in the MBA course, the University is not permitting them to register for the first semester examination. It is with this grievance, the writ petition has been filed seeking necessary orders in the matter 2. Standing counsel appearing for the 1st respondent University submits that the degrees on the strength of which the petitioners have joined the course in the 4th respondent College, are not recognised by the 1st respondent University. It is submitted that the petitioners have not even applied for such recognition and contrary to the requirements of the specification in the prospectus, the College admitted the petitioners even WPC No. 28964/11 :2 : without the production of an eligibility certificate. 3. While the submissions made by the learned standing counsel for the 1st respondent University are certainly forceful and it may also be a fact that the 4th respondent College has erroneously granted admission to the petitioners, fact remains that the petitioners have joined the course and are undergoing studies. At this stage, if they are not allowed to register, the efforts so far taken by the petitioners will be a complete waste. In such circumstances, ends of justice requires that, subject to the petitioners applying for recognition of their course and also subject to the orders to be passed by the University on such applications, they should be permitted to provisionally register for the first semester examination. 4. Therefore, I dispose of this writ petition with the following directions:- (1) That within two weeks from today, the petitioners shall make applications to the 1st respondent University for recognizing their degrees obtained by them and also for the issuance of eligibility certificate on that basis. (2) Subject to the orders to be passed by the University, WPC No. 28964/11 :3 : they will be allowed to provisionally register for the first semester examination and to write the same. (3) However, the declaration of their results will depend upon the orders to be passed by the University on the applications for recognition of the course and the eligibility certificate. ANTONY DOMINIC, JUDGE Rp