IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 28256 of 2009(B) --------------------------------------- PETITIONER: ------------------- SAJU P.THOMAS, S/O. P.P.THOMAS, AGED 30 YEARS, PANAMPARA HOUSE, NALUKODY P.O., KALAYIL PADI, CHANGANACHERRY, KOTTAYAM, KERALA. BY ADV. MR.SHAIJAN JOSEPH. RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY REGISTRAR OF M.G.UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 3. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM. R1 TO R3 BY ADV. MR.T.A. SHAJI, S.C, M.G.UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 28256 of 2009 - B ---------------------------------------- Dated 29th October, 2009 Judgment Heard the learned counsel appearing on both sides. 2. The petitioner underwent the MSW course from K.E. College, Mannanam during the academic year 2005-2007. K.E. College, Mannanam is a college affiliated to the Mahatma Gandhi University. As per the Regulations, the qualification for admission to the MSW course is a degree in Arts, Science, Commerce, Law or any other faculty of the Mahatma Gandhi University or any other University recognised by the Mahatma Gandhi University. The minimum marks to be secured in the qualifying examination are also set out in the Regulations. The petitioner possesses B.A. degree awarded by the Maharshi Dayananda Saraswathi University, Ajmer in the year 2001. On the strength of the said degree, he applied for and obtained admission for the MSW course in K.E. College, Mannanam. The petitioner also appeared for the examination. At that W.P.(C) No.28256/2009 -:2:- stage, a dispute arose as to whether the petitioner was eligible to apply for admission for the MSW course. This writ petition was thereupon filed seeking a direction to the respondents to issue the mark list and certificate of having passed the MSW course to the petitioner. 3. Sri.T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University has filed a statement dated 29.10.2009. In paragraph 9 thereof it is stated that the Academic Council of the University has recognised the B.A. degree courses in English History and Public Administration (Private) conducted by the Maharshi Dayananda Saraswathi University, Ajmer as a qualification for admission to the MSW course and that thereupon University Order No.ACD/1/4057/09 dated 14.9.2009 was issued to that effect. It is also stated that in view of the said development, the University has no objection in issuing an eligibility certificate and mark list to the petitioner if the petitioner applies for the same. It is stated that after the eligibility certificate is issued, the result of the petitioner will be published and the mark list issued to him W.P.(C) No.28256/2009 -:3:- expeditiously. The learned standing counsel also submits that if the petitioner has passed the examination, a degree certificate will also be issued to him on application. In the light of the stand now taken by the respondent and the submissions made at the Bar by the learned standing counsel for the Mahatma Gandhi University, I dispose of this writ petition with the following directions: (i) The Registrar, Mahatma Gandhi University shall within one week from the date on which the petitioner makes an application in writing addressed to the Registrar, Mahatma Gandhi University issue to the petitioner an eligibility certificate to the effect that he is eligible to undergo the MSW course in any college affiliated to the Mahatma Gandhi University; (ii) The Registrar and Controller of Examinations, Mahatma Gandhi University shall in the event of the petitioner producing the original of the eligibility certificate before them take steps to publish the result of the MSW degree examination for which the petitioner had appeared and also W.P.(C) No.28256/2009 -:4:- issue a mark list to him. This shall be done within ten days from the date of production of the eligibility certificate. (iii) The respondent shall also issue to the petitioner, if he has passed the MSW degree course, a provisional degree certificate within two weeks from the date on which the petitioner makes an application for the same after the publication of the result. (iv) The original degree certificate shall also be issued expeditiously thereafter in the event of the petitioner making an application and paying the requisite fee. P.N.RAVINDRAN Judge vaa