IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 28483 of 2009(E) ---------------------------------------- PETITIONER(S): --------------------------- K.R.SREEKUMAR, S/O.RAMAKRISHNA PILLAI, AGED 48 YEARS, KUNNAMPALLIL VALIYATH, S.V.M.POST, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENT(S): ---------------------------- 1. THE UNIVERSITY OF KERALA TRIVANDRUM REPRESENTED BY ITS REGISTRAR. 2. THE PRINCIPAL, KERALA LAW ACADEMY LAW COLLEGE, PEROORKADA, TRIVANDRUM-695 005. R1 BY ADV. MR.M.RAJAGOPALAN NAIR, SC, KERALA UTY. R2 BY ADVS.MR.R.T.PRADEEP, MR.V.VIJULAL. MR.MANU S.GOVIND FOR AMICUS CURIAE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28483/2009 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEMO SHOWING THE ROLL NUMBER DTD. NIL. P2: COPY OF THE RELEVANT PAGE OF THE SSLC BOOK DTD. NIL. P3: COPY OF THE MARK LIST OF PRE-DEGREE EXAM. DTD. 31/07/1981. P4: COPY OF THE COURSE CERTIFICATE DTD. 06/08/2009. P5: COPY OF THE DEGREE CERTIFICATE DTD. 16/03/2009. P5(A): COPY OF THE MARK LIST DTD. 16/03/2009. P6: COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT DTD.28/07/2009. P7: COPY OF THE APPLICATION OF THE PETITIONER DTD. 25/07/2009. P7(A): COPY OF THE RECEIPT OF CASH PAYMENT DTD. 10/07/2009. P8: COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 25/08/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 28483 OF 2009 -------------------------- Dated this the 17th day of November, 2009 J U D G M E N T Heard Sri.M.Sajjad, the learned counsel appearing for the petitioner, Sri. M.Rajagopalan Nair, the learned standing counsel appearing for the University of Kerala and Sri. Manu S. Govind, the learned Amicus Curiae appointed by this Court. 2. The petitioner passed the SSLC Examination conducted by the Board of Public Examinations in March 1977. He thereafter passed the Pre-degree Examination conducted by he University of Kerala in March 1981. He thereafter underwent the the B.A Degree Course in English from Sree Narayana College, Kollam, a college affiliated to the Kerala University. He did not however pass the B.A. Degree Examination. Long thereafter, he acquired the Degree of Master of Arts in Public Administration (Distance Education) from Annamalai University during the year 2008. The petitioner thereafter applied for admission for the three year LLB Degree course in Kerala Law Academy Law College, Thiruvananthapuram. As per the regulations issued by the University of Kerala no candidate shall be admitted to the first semester LLB Degree (three year course) W.P.(C) No. 28483/09 2 unless he has passed the Bachelors degree examination in any subject of the University of Kerala or any other examination recognized as equivalent thereto by the University of Kerala with not less than 45% marks in the aggregate, if there is no entrance test for admission to LLB Degree Course. It is also stipulated that when there is an entrance examination, the candidate should have secured not less than 40% marks in the aggregate for Bachelors degree examination. 3. The petitioner who did not possess a Bachelors degree, submitted Ext.P7 application dated 25.7.2009 to the University of Kerala for the issue of an eligibility certificate. When the eligibility certificate was not issued, he sent Ext.P8 letter requesting that the eligibility certificate may be issued expeditiously. This writ petition was thereafter filed contending that as he has possess the degree of Master of Arts in Public Administration, which is recognized as equivalent to the MA degree awarded by the Kerala University, he is eligible for admission to the LLB Degree Course. In this writ petition, he seeks a direction to the respondents to declare that he is eligible to get admission for the LLB Degree Course in the second W.P.(C) No. 28483/09 3 respondent’s college. He also seeks a direction to the second respondent to admit him for the LLB Degree Course. 4. The learned standing counsel appearing for the University of Kerala has filed a statement wherein it is stated that the M.A degree in Public Administration (Regular and Distance Education) of Annamalai University is recognised by the Kerala University for higher studies and employment provided the candidate has passed the qualifying examination in the 10+2+3+2 pattern of study recognised by the Kerala University. It is contended that as the petitioner has not passed the BA degree examination, he is not eligible for admission to the LLB degree course. 5. Para 4(a) and (b) of the Regulations issued by the University of Kerala read as follows: “4(a) No candidate shall be admitted to the First Semester LL.B Degree (three year course) unless he has passed the Bachelors degree Examination in any subject of the University of Kerala or any other examination recognized as equivalent thereto by this University with not less than 45% marks in the aggregate, if there is no entrance test for admission to LL.B degree course. (b) If there is entrance test for admission to LL.B Degree Course no candidate shall be admitted to the I Semester of the LL.B Degree Course unless he has passed the Bachelor's Degree Examinations of the W.P.(C) No. 28483/09 4 University of Kerala or any other examination prescribed as equivalent thereto by this University with not less tan 40% marks in the aggregate.” 6. As per the regulations, a student seeking admission for the LLB Degree Course should have passed the Bachelors degree Examination in any subject of the University of Kerala or any other examination recognized as equivalent thereto by the University of Kerala. The petitioner does not possess a Bachelors degree in any subject. His contention is that as he has been awarded the degree of Master of Arts in Public Administration by the Annamalai University, he should be deemed to posses a Bachelors degree in the concerned subject namely Public Administration. The learned counsel appearing for the petitioner relies on the decision of the Apex court in Guru Nanak Dev University v. Sanjay Kumar Katwal (2009 (1) SCC 610) in support of the said contention. 7. The academic qualifications prescribed for admission to the three year LLB course of Guru Nanak Dev University, extracted in para 6 of the decision of the Apex Court in Guru Nanak Dev University v. Sanjay Kumar Katwal (supra) read as follows: “The academic qualification prescribed for admission to the three years’ LLB professional course (vide W.P.(C) No. 28483/09 5 Handbook of Information) is as follows: “Candidates who have passed Bachelor’s degree of Guru Nanak Dev University or any other equivalent examination recognised as such by the University with not less than 45% marks; or Master’s degree of Guru Nanak Dev University or of any other University recognized as equivalent thereto.” 8. Interpreting the regulations issued by the Guru Nanak Dev University, the Apex Court held that the word “or” which is disjunctive in nature makes it clear that a Master’s degree without a Bachelor’s degree will satisfy the eligibility requirement. The Apex Court held that a candidate who has passed the MA degree examination from Guru Nanak Dev University or of any other University recognised as equivalent thereto, is therefore eligible to apply for admission to the three year LLB course. In the instant case, the regulations issued by the University of Kerala do not contain a stipulation that a candidate who has passed the Bachelors degree examination or Masters Degree Examination in any subject, either of the University of Kerala or of any other University recognised as equivalent thereto by the University of Kerala is eligible to apply. There is also a stipulation that the candidate should have secured 45% marks in the aggregate. W.P.(C) No. 28483/09 6 Going by the regulations, it cannot be said that the petitioner who possess only a post graduate degree and that too under the distance education scheme, awarded by the Annamalai University possess a Bachelors degree in Public Administration. Further, even if it is assumed that the MA degree awarded by the Annamalai University under the distance education programme is one recognized by the University of Kerala, it is evident from the statement filed by the learned standing counsel that such degrees awarded after undergoing a regular course of study in the 10+2+3 pattern alone are recognized. It has therefore to be held that the petitioner is not eligible for admission to the LLB degree course in Kerala Law Academy Law College, Thiruvananthapuram. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. P.N.RAVINDRAN, JUDGE vps