IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 21410 of 2009(U) -------------------------- PETITIONER(S): --------------- NITHU N.RASHEED, D/O.ABDUL RASHEED, T.C. 29/89 (2), ZAHRAN, M.K.K.NAIR ROAD, PETTAH P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH RESPONDENT(S): --------------- 1. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, NATIONAL COLLEGE, MANACAUD P.O., THIRUVANANTHAPURAM. P.O. BY SRI.M.RAJAGOPALAN NAIR SC FOR R1 & R2 ADV. SRI.M.SREEKUMAR FOR R3 SRI.A.ABDUL KHARIM FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21410 of 2009(U) APPENDIX EXT.P1 - COPY OF THE APPLICATION FOR REGISTRATION EXT.P2 - COPY OF THE RECEIPTS FOR PRIVATE REGISTRATION FEE AND AFFILIATION FEE EXT.P3 - COPY OF THE MEMO DATED 11.5.2009 EXT.P4 - COPY OF THE LETTER DATED 18.5.2009 EXT.P5 - COPY OF THE MEMO DATED 11.6.2009 EXT.P6 - COPY OF THE TRANSFER CERTIFICATE EXT.P7 - COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT EXT.P8 - COPY OF THE REPRESENTATION EXT.P9 - COPY OF THE MEMO DATED 4.7.2009 //TRUE COPY// PA TO JUDGE P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.21410 of 2009-U ------------------------------ Dated this the 30th day of September, 2009. J U D G M E N T Heard Sri.Dinesh.M, the learned counsel appearing for the petitioner, Sri.M.Rajagopalan Nair, the learned standing counsel appearing for the University of Kerala and Sri.M.Sreekumar, the learned counsel appearing for the third respondent. 2. The petitioner was a regular student of National College, Manacaud for the B.Com degree course. She joined the said college on 11.8.2006. After completing the first year of the B.Com degree course, she appeared for the first year B.Com degree examination. The petitioner met with an accident thereafter and was under long treatment in various hospitals. She therefore discontinued her studies with effect from 8.10.2007. She also decided to register and appear for the second and third year B.Com degree examinations as a private candidate. Thereafter, she submitted Ext.P1 application dated 15.10.2008 to the University of Kerala to register and appear for the second year B.Com degree examination to be held in March/April 2009 as a private candidate. That application was received by the University on 15.10.2008 itself. The petitioner had in the meanwhile, applied for and obtained Ext.P6 transfer certificate from National College, Manacaud. In the said transfer W.P(C) No.21410 of 2009-U 2 certificate, the date of leaving the institution was mentioned as 30.5.2008. 3. The petitioner applied for the transfer certificate on 21.5.2008 and Ext.P6 certificate was issued on 30.5.2008. The said transfer certificate was produced along with Ext.P1 application for registration to appear as a private candidate. On the basis of Ext.P1 application, the University of Kerala permitted the petitioner to provisionally appear for the second year B.Com degree examination held in March/April 2009. Thereafter, along with Ext.P3 memo dated 11.5.2009 the application was returned to the petitioner requiring her to submit a letter from the Principal of the College to the effect that she has not registered for the second year B.Com degree examination as a regular student. The Principal of the College thereupon issued Ext.P4 letter dated 18.5.2009 stating that the petitioner discontinued her studies with effect from 8.10.2007 and that she had not registered for the second year B.Com degree examination as a regular student. The petitioner re-submitted the original of Ext.P1 application along with Ext.P4 letter. The University thereupon issued Ext.P5 memo stating that in the transfer certificate the date of leaving the institution is mentioned as 30.5.2008 while in Ext.P4 letter, the date of leaving the institution is mentioned as 8.10.2007. The petitioner was called upon to get the W.P(C) No.21410 of 2009-U 3 transfer certificate corrected and duly attested by the Principal of the college. The petitioner produced the transfer certificate before the Principal of the college and requested for a fresh transfer certificate by submitting Ext.P7 representation dated 22.6.2009. The Principal did not issue a fresh transfer certificate. Meanwhile, the University issued Ext.P9 memo dated 4.7.2009 informing her that she cannot appear as a private candidate since she has completed second year B.Com degree course as a regular student. This writ petition thereupon filed seeking a direction to respondents 1 and 2 to permit the petitioner to register and appear for the second and third year B.Com degree examinations as a private candidate. The petitioner has also sought a direction to the said respondents not to withhold the result of second year B.Com degree examination for which she had appeared as a private candidate. The petitioner contends that as she discontinued her studies with effect from 8.10.2007 and was not a regular student of the college thereafter, the University erred in rejecting her application to register and appear as a private candidate. 3. A counter affidavit has been filed on behalf of respondents 1 and 2 wherein it is stated that only those candidates who had registered and appeared for the first year B.Com degree examination and had discontinued their studies are permitted to register and appear for the W.P(C) No.21410 of 2009-U 4 second and third year B.Com degree examinations and that likewise only those candidates who have registered and appeared for the first and second year B.Com degree examinations are entitled to appear for the third year examination as a private candidate. It is contended that as the petitioner had completed the second year of the B.Com degree course by attending the college till 30.5.2008, she cannot register and appear as a private candidate for the second year examination. It is further contended that when the date of leaving the institution is shown as 30.5.2008 in the transfer certificate, the letter sent by the Principal to the effect that the petitioner discontinued her studies with effect from 8.10.2007 cannot be acted upon. The third respondent Principal has filed a counter affidavit stating that the petitioner applied for the transfer certificate on 21.5.2008, that it was issued on 30.5.2008 and that was the reason why the date of leaving the institution was mentioned as 30.5.2008 in the transfer certificate. The third respondent further contends that a transfer certificate can be issued only once and as the original of Ext.P6 transfer certificate has already been issued, the Principal of the college did not issue a fresh transfer certificate to the petitioner as requested by her. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The fact that the petitioner W.P(C) No.21410 of 2009-U 5 discontinued her studies with effect from 8.10.2007 is not seriously disputed. The Principal of the college states that a fresh transfer certificate was not issued showing the date of leaving the institution as 8.10.2007, since the original of Ext.P6 transfer certificate was issued on 30.5.2008 showing the date of leaving the institution as 30.5.2008. The University has issued Ext.P9 memo on the premise that the petitioner left the institution only on 30.5.2008 and that as she had attended the college till 30.5.2008, she cannot register and appear as a private candidate for the second year B.Com degree examination. Even going by the contentions of the University, the petitioner is eligible to appear for the third year B.Com degree examination as a private candidate. In the light of the admitted fact that the petitioner had discontinued her studies with effect from 8.10.2007, it cannot be said that she was a college going student till 30.5.2008. Therefore, the mere mention of the date 30.5.2008 in Ext.P6 transfer certificate, cannot in my opinion be held out against the petitioner. Since the petitioner had not attended the college for the entire academic year it cannot be said that she was a regular student of the college till 30.5.2008. Therefore on the terms of the regulations referred to in para 5 of the counter affidavit filed on behalf of respondents 1 and 2, the petitioner who had registered and appeared for the first year B.Com degree examination and discontinued her studies W.P(C) No.21410 of 2009-U 6 with effect from 8.10.2007 was entitled to register and appear as a private candidate for the second year B.Com degree examination held in April 2009. As a matter of fact the University of Kerala had permitted her to provisionally appear for the said examination. Therefore, the decision taken by the University of Kerala to cancel the petitioner's registration and appearance in the second year B.Com degree examination as a private candidate cannot be sustained. Even according to the University, on the terms of the regulations, she is entitled to appear for the third year B.Com degree examination as a private candidate. In the result I allow this writ petition and direct respondents 1 and 2 to publish the result of the second year B.Com degree examination held in April, 2009 for which the petitioner had appeared as a private candidate within two weeks from the date on which the petitioner produces a certified copy of the judgment before the second respondent. I also direct respondents 1 and 2 to permit the petitioner to register and appear for the third year B.Com degree examination as a private candidate. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab