IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 1514 of 2008(E) ------------------------- PETITIONER: ------------ GINU GEORGE, AGED 27, S/O. GEORGE, KEEPADAYIL HOUSE, VELLOORKUNAM, MUVATTUPUZHA MARKET, ERNAKULAM DISTRICT - 686 673. BY ADV. SRI.P.JACOB VARGHESE RESPONDENTS: ------------- 1. UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695 034. 2. THE HEAD OF DEPARTMENT, DEPARTMENT OF FUTURE STUDIES, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695 034. BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 1514 of 2008 ------------------------------------- Dated: January 30, 2008 JUDGMENT Petitioner submits that he has completed Masters Degree in Journalism from the M.G. University. thereafter he got admission and joined for M.Phil in Future Studies conducted by the 1st respondent, for which he got admitted on 6.8.2003 and the course commenced on 27.8.2003. It is stated that though he was asked to produce the eligibility certificate because the Masters Degree he had obtained was not recognised by the 1st respondent University, the fact remains that it was never produced by the petitioner. According to the petitioner he applied for the certificate on 26.8.2003 and according to the University such application was made only on 24.1.2007. Irrespective of this, the petitioner continued the course, hall tickets were issued, he had appeared for the examination and the thesis was submitted and finally the result was declared by Ext.P13 certifying that he has passed with A grade. Despite all these, his provisional certificate was not issued. WP(C) 1514/08 Page numbers Thereupon he submitted Ext.P14 representation to the Vice Chancellor to which Ext.P15 reply was given directing the petitioner to produce the certificate of recognition. It is in this context the writ petition was filed by the petitioner as he could not pursue his studies for Ph.D in Future Studies. 2. This court by order dated 14.1.2008 directed that if the petitioner makes an application for Ph.D in Future Studies, that will be accepted by the 1st respondent University and it is submitted that his application has since been accepted. 3. The University would contend that it was only due to absence of recognition of the Masters Degree which the petitioner has obtained from the M.G.University, the certificate could not be issued. From the facts itself it would appear that despite the 1st respondent University having not recognised the Masters Degree obtained by the petitioner, he was granted admission, he continued the course and successfully completed the same. At this stage, in my view, it is not open to the 1st respondent University to deny the certificate on the basis that the masters degree in journalism obtained by the petitioner was not recognised by the 1st respondent WP(C) 1514/08 Page numbers University. 4. In several cases, the consistent view taken by this court is that the University should not be allowed to deny the certificate to the student on this ground after allowing the student to complete the course as in this case. In Sanatan Gauda v. Berhampur University and others - (1990) 3 SCC 23 the Apex Court also has taken the same view. In view of all this, I dispose of this writ petition directing that the University shall issue the provisional degree certificate to the petitioner of having passed M.Phil in Future Studies with A grade. This shall be done as expeditiously as possible, at any rate, within two weeks from the date of production of a copy of this judgment. ANTONY DOMINIC, JUDGE mt/-