IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 32660 of 2008(K) -------------------------- PETITIONER(S): --------------- ANEEZA.B, D/O. N. BASHEER KHAN, KULATHAPPALIL, KADAKKADU, PANDALAM.P.O. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): --------------- 1. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. 2. UNIVERSITY OF KERALA, REP. BY ITS REGISTRAR, UNIVERSITY CAMPUS, THIRUVANANTHAPURAM. 3. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR FOR R2,3 SC SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).32660/2008 -------------------- Dated this the 25th day of November, 2008 JUDGMENT Petitioner, who passed M.Sc Dairying in First Class with Distinction from Sri.Parasakthi College for Women, Courtallam, an autonomous institution affiliated to Manonmaniam Sundaranar University, Thirunelveli in the year 2006, is aggrieved by the refusal on the part of respondents 2 and 3 to issue an equivalency certificate, as the PSC required her to produce the same for the purpose of considering the petitioner to the post of Dairy Extension Officer in Dairy Development Department. 2. Counter affidavit has been filed by respondents 2 and 3. Paragraph 4 of the same reads as follows:- “It is respectfully submitted that M.Sc (Dairying) of Manonmaniam Sundaranar University, Thirunelveli is recognized as sufficient qualification for research in Biotechnology under the W.P.(C).32660/2008 2 Faculty of Applied Science in the Kerala University. But, in this particular case, the complainant has undergone the M.Sc (Dairying) Course in Sri.Parasakthi College for Women, Courtallam, an autonomous institution. As per U.O.No.Ac.C/8035/08 dated 11.3.2008, individual recognition has to be sought from the University in the cases of courses offered through autonomous institution. A copy of the University Order dated 11.3.2008 is produced herewith and marked as Ext.R2 (a). The petitioner has applied for recognition of the course and her application is under process. Eligibility Certificate cannot be issued to her till recognition is granted to the course by Kerala University on recommendation of the competent Academic Bodies of the University. Therefore, her request for equivalency certificate was rejected and memo was issued to her informing her that the degree is not recognized by Kerala University and she is directed to apply for recognition of the course.” W.P.(C).32660/2008 3 3. I heard learned counsel for the petitioner and learned Standing Counsel for the University. In circumstances where the petitioner has applied for recognition of course, it is necessary that the University takes a decision thereon without further delay. 4. Accordingly, writ petition is disposed of directing the Academic Council of the University to take a decision on the application for recognition of the course as sought for by the petitioner, without further delay, at any rate, in the next meeting of the Academic Council. I make it clear that it is open to the petitioner to move the Vice Chancellor invoking the emergency powers under Section 10(13) of the University Act. If it is so done, the Chairman of the Board of Studies shall forward the recommendations to the Vice Chancellor who shall take a decision as expeditiously as possible. 5. Petitioner shall produce a copy of the judgment before the PSC who shall not take any final decision, in W.P.(C).32660/2008 4 the matter of rejection of the petitioner’s application unless a decision is taken in this regard by the University in the manner aforementioned. But it is made clear that if the Academic Council of the University refuses to recognize the course undergone by the petitioner, a reply in this regard received by the petitioner from the University, shall be produced before the PSC, who shall then proceed in accordance with the decision taken by the University as aforementioned. V.GIRI, Judge mrcs