IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WA.No. 112 of 2005() -------------------- AGAINST THE JUDGEMENT IN OP.35221/2002 Dated 09/09/2004 .................... APPELLANT(S): PETITIONERS: -------------------------- 1. G. MURALEEDHARAN, KIRAN VILLA, CHEMMANKADAVU, KODUR P.O., MALAPPURAM-676 504. 2. MARIYAKUTTY V.V., KIZHAKEDATH, KALAPKA GARDENS, PATHAIKARA P.O., PERINTHALMANNA-679 322. 3. SOMAVALLY S., KIRAN VILLA, CHEMMANKADAVU, KODUR P.O., MALAPPURAM-676 504. BY ADV. SRI.MURALI PURUSHOTHAMAN RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS P.O., KOTTAYAM. 2. THE ACADEMIC COUNCIL, REPRESENTED BY ITS CHAIRMAN, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 3. TH VICE-CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 4. THE DIRECTOR, LAL BAHADUR SHASTRI CENTRE FOR SCIENCE AND TECHNOLOGY, PALAYAM, NANDAVANAM, THIRUVANANTHAPURAM-695 033. 5. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 6. CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THENHIPPALAM, MALAPPURAM DISTRICT. 7. ANNAMALAI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ANNAMALAI NAGAR-608 002. ADV. SRI.S.GOPAKUMARAN NAIR, SC, CALICUT UTY FOR R6 SRI.V.K.MUHAMMAD YOUSUF, SC, M.G.UTY. FOR R1 TO R3 SRI.P.B.SURESH KUMAR SC, LBS CENTRE FOR R4 SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1-R3 SRI. P.C. SASIDHARAN -R6 GOVT. PLEADER SMT. R. BINDU -R5 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 112 OF 2005 --------------------------------------------- Dated this the 19th day of January, 2010 JUDGMENT Balakrishnan Nair, J. The appellants were the writ petitioners. They passed M.Sc. Degree in Botany/Zoology under the Distance Education Programme from Annamali University. They moved for equivalency certificate before the M.G. University for the said P.G. Degree. But, the University rejected the motion, relying on the decision of its Academic Council. So, the Writ Petition was filed challenging Ext.P11, as per which the claim of the first appellant for issuance of equivalency certificate was rejected, and seeking consequential reliefs. The University filed a counter affidavit, stating that the Academic Council of the University considered the matter, having regard to the relevant materials, and decided not to recognise the Degree or issue equivalency certificate. Relying on the well settled principle that in academic matters, the decisions of the Academic Council should prevail, the learned Single Judge dismissed the Writ Petition. Hence, this appeal. W.A. NO. 112/2005 2 2. We are of the view that the stand taken by the learned Single Judge is unassailable. The learned counsel for the appellants pointed out that the contention of the University that it had considered all the relevant materials, like syllabus, curriculum etc. of the course concerned, is not correct. We think, we cannot go into the said self serving assertions of the appellants. We find no reason to disbelieve the statement of the University in the counter affidavit, at paragraph 6, that all relevant material were adverted to . In view of the above position, the Writ Appeal fails and it is accordingly dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 112/2005 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A.NO.112/2005 JUDGMENT 19th January, 2010 W.A. NO. 112/2005 4