IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 20148 of 2008(W) -------------------------- PETITIONER: --------------- ANOOP KUMAR, aged 29, REGISTER NO. 5562, S/O KUTTAN, YESODHARA MANDIRAM, KILIKOLLUR P.O.,KOLLAM. BY ADV. SRI.V.RAJA VIJAYARAGHAVAN SRI.R.RANJITH RESPONDENTS: ------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT), COCHIN UNIVERSITY P.O., COCHIN 682 022, REPRESENTED BY ITS REGISTRAR. 2. THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT),COCHIN UNIVERSITY P.O., COCHIN 682 022. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI U FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.20148/2008 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 26.05.2007. EXT.P2: COPY OF THE ACKNOWLEDGMENT CARD ALONG WITH THE POSTAL RECEIPT EVIDENCING THE DISPATCH OF EXT.P1. TRUE COPY P.A.TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No.20148 of 2008 ================== Dated this the 24th day of July, 2008. J U D G M E N T The petitioner wrote the B.Tech degree Biomedical Engineering Examination of the respondent University in July 2007 and passed the examination as a result of which the petitioner has become entitled to issue of degree certificate for that course. The petitioner's contention is that the same is not being issued to him. The learned Standing Counsel for the University submits that the petitioner is accused in a case of forgery of another degree certificate, in respect of which a crime has been registered by the Kalamasseri police as Crime No. 297 of 2006 and therefore degree certificate cannot be issued to the petitioner. 2. I am of opinion that even if the petitioner is an accused of in a crime under the Crl P.C. in respect of forgery, in so far as university has no case that the petitioner has not passed the examination for which he seeks a degree certificate and there is no criminal case in respect of that degree certificate, the University cannot deny the degree certificate to him. The W.P(C)No.20148 of 2008 - 2 - University is bound to issue a degree certificate to the person who passes the degree without looking into his criminal background. In fact even convicts are permitted to write examinations and obtain degrees. Of course, the university would be free to pursue the criminal proceedings against the petitioner for forgery of a degree certificate. That cannot stand in the way of the University in issuing a degree certificate, which the petitioner is legally entitled to. Accordingly, I dispose of this writ petition with a direction to the respondents to issue the petitioner the degree certificate for his B.Tech.(Biomedical Engineering) degree within one month from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE rhs