IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 24109 of 2008(T) -------------------------- PETITIONER(S): --------------- ARUN PRABHAKAR, MELUMOOTHEDATH HOUSE, VAYALA P.O., DIST.KOTTAYAM. BY ADV. SRI.T.M.MOHAMMED YOUSEF (SR) SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.FOUSIA SATHAR MR.BOBY M SEKHAR MS.FOUSIA SATHAR RESPONDENT(S): --------------- 1. CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THENJIPALAM, CALICUT. 2. HEAD OF THE DEPARTMENT, DEPARTMENT OF COMMERCE AND MANAGEMENT, THENJIPALAM, CALICUT. MR.P.C.SASIDHARAN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24109/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF DEGREE CERTIFICATE DATED 31/08/2007 ISSUED BY THE VICE CHANCELLOR IGNOU. P2 : COPY OF THE PROSPECTUS FOR ADMISSION MBA PROGRAMME 2008 ISSUED BY R1. P3 : COPY OF CALL LETTER DATED 24/06/2008 ISSUED BY R2. P4 : COPY OF MEMO DATED 22/7/2008 ISSUED BY R2. P5 : COPY OF REPRESENTATION DATED 06/08/2008 SUBMITTED BY THE PETITIONER. P6 : COPY OF REPRESENTATION DATED 06/08/2008 SUBMITED BY THE PETITIONER. P7 : COPY OF LIST OF THE CENTRAL UNIVERSITIES TAKEN FROM THE WEBSITES OF GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION. P8 PRODUCED ALONG WITH I.A.NO.11037/2008: COPY OF REPRESENTATION DATED 11/08/2008 SUBMITTED BY THE PETITIONER BEFORE REGISTRAR OF R1. P8 : COPY OF LETTER DATED 08/06/2004 ISSUED BY THE DIRECTOR, NATIONAL COUNCIL FOR HOTEL MANAGEMENT & CATERING TECHNOLOGY. P9 : COPY OF CERTIFICATE DATED 21/08/2008 FROM IHM, BANGALORE. P10 PRODUCED ALONG WITH I.A.NO.9551/2008: COPY OF HALL TICKET ISSUED BY THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT. P10 PRODUCED ALONG WITH I.A.NO.12699/2009: COPY OF CERTIFICATE ISSUED FROM UNION BANK OF INDIA KOTTAYAM BRANCH DATED 05/10/2009. P11 PRODUCED ALONG WITH I.A.NO.12699/2009 : COPY OF THE CIRCULAR DATED 17/05/2005 ISSUED BY THE ADMINISTRATIVE OFFICER OF THE IHM BANGALORE. P12 PRODUCED ALONG WITH I.A.NO.12699/2009: COPY OF THE RELEVANT PAGE OF THE BROCHERE SHOWING THE FECILITIES OF THE INSTITUTION IHM BANGALORE. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.24109 of 2008 (T) --------------------------------- Dated, this the 29th day of March, 2010 J U D G M E N T Ext.P1 is the degree certificate issued by the Indira Gandhi National Open University to the petitioner of having awarded the degree of Bachelor of Science (Hospitality and Hotel Administration). 2. The respondent University published Ext.P2 prospectus for admission to Master of Business Administration programme. The eligibility prescribed in Ext.P2 prospectus reads as under :- “Eligibility for admission” Any student who has passed any degree of the University of Calicut (including degree programmes of SDE, University of Calicut) or that of IGNOU or that of any other University or institute or institution recognized by the UGC or AICTE. Programmes of other Universities or institutions shall be in 10+2+3 pattern (or 10+2+4) under regular stream. In all the cases, the student should have passed the degree examination with not less than 50% marks in aggregate (without approximation, that is, 49.9999% is not eligible since it is less than 50%), is eligible for admission. However, SC/ST, OBC, and other eligible communities shall be given relaxation as per University rules.” 3. On the basis of Ext.P2 prospectus, the petitioner submitted his application. He was permitted to appear for the WP(C) No.24109/2008 -2- entrance test. On the basis of the ranking that he secured, by Ext.P3 call letter, the petitioner was called for a group discussion and interview. Accordingly, the petitioner participated in group discussion and interview. Thereafter, he was issued Ext.P4 memo requiring him to appear for counselling. This memo shows that in the entrance test, he was awarded Rank No.46. The petitioner accordingly appeared for counselling and produced his certificates. However, he could not produce equivalency certificate as the same was not issued by the University. It was at that stage, this writ petition was filed. 4. However, the University itself granted admission to the petitioner, and the petitioner was permitted to appear for the first and second semester examinations as well. When the 3rd semester examination was scheduled, the petitioner was not issued hall ticket, and therefore, he moved an I.A., in which this Court passed order dated 19/11/2009. By the said order, the respondents were directed to provisionally permit the petitioner to appear for the 3rd semester examination. Accordingly, the petitioner appeared for the 3rd semester examination and his result has not been declared. He is presently in the final semester, and the petitioner apprehends WP(C) No.24109/2008 -3- that the University will not issue hall ticket for the final semester examination and therefore, this writ petition has been brought up for final hearing and was heard. 5. According to the petitioner, in terms of the eligibility specified in Ext.P2 prospectus, he was fully eligible and therefore, there was no justification for the University to have declined admission to him, or not to treat his admission as regular and grant benefits on that basis. On the otherhand, according to the University, earlier it had granted recognition to private/external/ distance/correspondence courses of Central Universities, IGNOU and Other Universities in Kerala. It is stated that such a blanket recognition was withdrawn by the Academic Council on 05/04/2008. It is stated that the B.Sc (Hospitality and Hotel Administration) degree awarded by the IGNOU to the petitioner is a correspondence course. Therefore, the petitioner was not eligible to be granted admission in pursuance to Ext.P2 prospectus. 6. In order to contradict the case of the University that the Course undergone by the petitioner is a correspondence course, the petitioner has produced Exts.P8 to P12 along with the reply affidavit and I.A.No.12699/2009. Ext.P8 is a communication issued by the WP(C) No.24109/2008 -4- National Council for Hotel Management and Catering Technology, New Delhi, allotting the petitioner to the Institute of Hotel Management, Bangalore for admission to the first year of the three year course in B.Sc (Hospitality and Hotel Administration). Ext.P9 is a certificate issued by the Institute of Hotel Management, Bangalore, to the effect that the petitioner was a bonafide regular student of the Institution for the three year B.Sc Degree during the year 2004- 2007. Ext.P10 is a certificate issued by the Union Bank of India showing that the petitioner had availed of loan for undergoing the course. Ext.P11 is a circular issued by the College, which interalia states that the students are required to have a minimum of 75% attendance to be eligible to appear in the annual examination. Ext.P12 is the brochure of the College, which also indicates that the course undergone by the petitioner was a regular course. In the light of the documents produced by the petitioner, viz., Exts.P8 to P12, the unsubstantiated contention of the University that the course undergone by the petitioner is a correspondence course, is factually incorrect. If the course undergone by the petitioner is a regular course, then the decision of the University to withdraw recognition to private/external/distance/correspondence courses WP(C) No.24109/2008 -5- also cannot apply to the degree course undergone by the petitioner. 7. As already noticed, the eligibility provided in Ext.P2 prospectus issued by the respondent University shows that any student who has passed any degree of the University of Calicut or that of the IGNOU is eligible. In this case, admittedly, the petitioner has obtained the degree undergoing a regular course in a College affiliated to IGNOU in the 10+2+3 pattern. If that be so, the petitioner satisfied the eligibility as prescribed in Ext.P2 prospectus. Consequently, he ought to have been granted admission. In view of this, this writ petition is disposed of directing that the admission granted to the petitioner will be treated as regular and on that basis the petitioner will be permitted to continue the course and appear for the future examinations as well. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg