IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 10348 of 2009(K) -------------------------- PETITIONER(S): --------------- JOBY VARGHESE, ATTARVAYALIL HOUSE, RAJAPURAM P.O., PERUMPILLY, KASARAGOD DISTRICT. BY ADV. SRI.JOSE J.MATHAIKAL RESPONDENT(S): --------------- 1. THE KERALA UNIVERSITY, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, KERALA UNIVERSITY, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, SREE NARAYANA TRAINING COLLEGE, NEDUMGANDA, PIN-695307, THIRUVANANTHAPURAM DISTRICT. ADV.M.RAJAGOPANAL NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.10348 of 2009 ================== Dated this the 2nd day of June, 2010 J U D G M E N T The petitioner obtained admission to B.Ed. Degree course under the respondents. The petitioner obtained Higher Secondary Certificate from the Board of Higher Secondary Examinations of the Government to Tamilnadu, by distance education. Subsequently, on the strength of that certificate, the petitioner studied for B.A. as well as M.A. degrees. It is thereafter, the petitioner joined B.Ed. degree course. The petitioner has already written two semester examinations. The petitioner has been included in the list of 1st Class holders for B.Ed. But the petitioner's results have been withheld on the ground that the Higher Secondary Certificate obtained by the petitioner from Tamilnadu is not recognised by the Kerala University . It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i. to issue a writ of certiorari or such other appropriate writ, order or direction calling for the records relating to the rejection of application for eligibility certificate submitted by the petitioner as per Exhibit P10 and to quash the endorsement made by the Kerala University on that application to the effect that Plus two private passed by the petitioner is not recognised. ii. To direct the respondents to declare the results of the B.Ed. degree examination written by the petitioner forthwith treating him as fully qualified for the B.Ed. course. iii. To direct the respondents to give the eligibility certificate to the petitioner as applied for in Exhibit P10.” w.p.c.10348/09 2 2. The respondent University has filed a counter affidavit taking the stand that in view of the fact that the Higher Secondary School Certificate obtained by the petitioner has not been recognised by the University, the petitioner cannot be given degree certificate. 3. The learned counsel for the petitioner has produced before me a copy of my judgment in W.P.(C).No.18091/2007, in which, in exactly identical circumstances, I had held that since the petitioner in that writ petition had already written four semester examinations and the University had no objection in issuing hall tickers to the petitioner for those examinations, it would be totally unjust to upset the situation by denying the petitioner the benefit of the course undergone by the petitioner. In fact that judgment was based on a judgment in two writ appeals, viz., W.A.Nos.1040/2003 and 265/2003, which in turn was decided based on the Supreme Court decision in Shri Krishnan v. Kurukshetra University (AIR 1976 SC 376). The case of the petitioner in this case is far better insofar as based on the very same certificate, the petitioner had already obtained B.A. and M.A. degrees. That being so, following the abovesaid judgment, this writ petition is allowed. The respondents are directed to publish the petitioner's results for B.Ed. within one week from the date of receipt of a certified copy of this judgment, and if he has passed, issue degree certificate of the petitioner within a period of two months from the date of submitting w.p.c.10348/09 3 application for degree certificate, provided the petitioner complies with all the conditions for the same. Mark list of the petitioner shall be issued within one week after the declaration of the results. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge