IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 28061 of 2011(G) --------------------------------------- PETITIONER: ------------------- SARAH MATHEW, DAUGHTER OF MATHEW GEORGE, `KAVIL HOUSE', KOTTEPPADAM, CHUNGATHARA.P.O., NILAMBUR (VIA), MALAPPURAM DISTRICT, PIN - 679 334. BY ADV. SRI. RAJESH .R.KORMATH. RESPONDENTS: ------------------------ 1. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O., MALAPPURAM DISTRICT, PIN - 673 635. 2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O., MALAPPURAM DISTRICT, PIN - 673 635. 3. THE VICE- CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O., MALAPPURAM DISTRICT, PIN - 673 635. 4. UNIVERSITY OF CALICUT, REPRESENTED BY REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O., MALAPPURAM DISTRICT, PIN - 673 635. 5. SREE VIVEKANANDA COLLEGE OF TEACHER EDUCATION, REPRESENTED BY THE PRINCIPAL, SREE VIVEKANANDA COLLEGE OF TEACHER EDUCATION, PALEMAD.P.O., EDAKKARA, MALAPPURAM DISTRICT, PIN - 679 331. R1 TO R4 BY SRI. SANTHOSH MATHEW, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28061/2011-G: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE CERTIFICATE DTD. 30/11/2005 ISSUED BY THE UNIVERSITY OF MADRAS TO THE PETITIONER. EXT.P.2: COPY OF THE MARK LIST DTD. NIL FOR B.S.C (PLANT BIOLOGY AND PLANT BIOTECHNOLOGY) ISSUED BY THE UNIVERSITY OF MADRAS TO THE PETITIONER. EXT.P.3: COPY OF THE PROVISIONAL CERTIFICATE DTD. 10/10/2008 ISSUED BY THE UNIVERSITY OF MADRAS TO THE PETITIONER. EXT.P.4: COPY OF THE CERTIFICATE DTD. 01/11/2010 ISSUED BY THE R.4. UNIVERSITY TO THE PETITIONER. EXT.P.5: COPY OF THE APPLICATION SUBMITTED ON 01/12/2010 BY THE PETITIONER TO THE R.1. EXT.P.6: COPY OF THE SYLLABUS DTD. NIL. OF B. SC (PLANT BIOLOGY AND PLANT BIOTECHNOLOGY) DEGREE COURSE OF THE UNIVERSITY OF MADRAS, SUBMITTED ALONG WITH EXT.P.5. APPLICATION TO THE R.1. EXT.P.7: COPY OF THE CERTIFICATE DTD. 25/09/2010 ISSUED BY THE UNIVERSITY OF MADRAS TO THE PETITIONER. EXT.P.8: COPY OF THE CHALAN RECEIPT DTD. 01/12/2010 ISSUED BY THE R.3. UNIVERSITY TO THE PETITIONER. EXT.P.9: COPY OF THE APPLICATION DTD. 15/07/2011. EXT.P.10: COPY OF THE COMMUNICATION DTD. 08/08/2011 ISSUED ON BEHALF OF THE R.1. EXT.P.11: COPY OF THE REPRESENTATION DTD. 03/10/2011 SUBMITTED BY THE PETITIONER TO THE R.3 - VICE CHANCELLOR. EXT.P.12: COPY OF THE COMMUNICATION DTD. 22/09/2011 ADDRESSED TO THE R.2. EXT.P.13: COPY OF THE REPRESENTATION DTD. 17/10/2011 BEFORE THE R.3. EXT.P.14: COPY OF THE TIME TABLE OF THE EXAMINATION FOR THE B. ED DEGREE COURSE, ISSUED BY THE R.4. UNIVERSITY. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 28061 of 2011 G ``````````````````````````````````````````````````````````` Dated this the 21st day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner passed B.Sc (Plant Biology and Plant Biotechnology) and M.Sc (Botany) from Madras University. Thereafter, in September, 2010, petitioner joined the fifth respondent college for B.Ed (Natural Science). In December, 2010, petitioner submitted Ext.P5 application to the University for issuing Equivalency Certificate, along with the prescribed fee, evidenced by Ext.P8. This was followed by various reminders including Ext.P9. Though the Registrar of the University has issued Ext.P10 requesting for an expeditious decision by the Board of Studies, no decision on the application has been taken so far. In the meanwhile, the University examination of the petitioner is to start on 25.10.2011 and in the said circumstances, this writ petition is filed with the following prayer:- “A writ of Mandamus or any other appropriate Writ, Direction or Order W.P.(C) No.28061/2011 : 2 : commanding respondents 1 to 4 to convene the Board of Studies in Botany-(U.G) of the fourth respondent University to enable respondents 1 to 4 to issue equivalency certificate to the petitioner as requested for in Ext.P5 application.” 2. I heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the University also. 3. Pleadings in the writ petition and the materials produced by the petitioner show that she has made her application, as early as in December, 2010, along with the prescribed fee. She has also produced necessary documents and reminders were also made for an expeditious decision. It is also evident that the University has not so far taken a decision on the request of the petitioner for equivalency certificate. 4. In such circumstances, I direct that the first respondent will ensure that a decision on Ext.P5 application W.P.(C) No.28061/2011 : 3 : made by the petitioner is taken, as expeditiously as possible and at any rate, within six weeks from the date of production of a copy of this judgment along with a copy of the writ petition. 5. Subject to the decision to be taken by the University as above, petitioner will be permitted to appear for the examination which is to commence on 25.10.2011, provided she satisfies all other eligibilities. It is made clear that her appearance in the examination is purely provisional and her results will be declared only after a decision is taken by the University on the request of the petitioner for equivalency certificate. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the first respondent for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/21/10