IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2606 of 2009(I) ------------------------- PETITIONER(S): --------------- GIBI JOSE, 43 YEARS, DON BOSCO COLLEGE, KEEZHUMADU, ALUVA-683112. BY ADV. FR.JOHNY THOTTAM SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS PO., KOTTAYAM-686560, REP. BY ITS REGISTRAR 2. UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM REP. BY ITS REGISTRAR. 3. MEMBER SECRETARY, KERALA STATE HIGHER EDUCATION COUNCIL, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION. BY SC SRI. T.A. SHAJI(M.G University) BY SC SRI. M. RAJAGOPALAN NAIR(Kerala University) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.2606 OF 2009 ------------------------ Dated this the 23rd day of January, 2009. JUDGMENT Petitioner is a Post Graduate Degree holder under the Distance Education Programme conducted by the 2nd respondent University. He applied for registration for P.hd under the first respondent University and by Ext.P5, the request was rejected on the ground that the post graduate degree obtained by the petitioner is not a recognized one. There upon the petitioner filed Ext.P6 to the 3rd respondent and Ext.P7 to the first respondent. It is thereafter that this writ petition is filed praying to quash Exts.P5 and to direct the first respondent to set up a Statutory Equivalence Committee and also to direct consideration of Ext.P7. 2. I heard the Standing counsel who entered appearance on behalf of the first respondent University. WP(c).No.2606/2009 2 According to the Standing Counsel, if a particular degree is not recognized, as in this case, the course available to the prospective applicant is to first make an application to the Academic council of the University to get the degree in question recognized. It is stated that, since the post graduate degree possessed by the petitioner is not recognized, as at present, the rejection of his application for registration cannot be invalidated. Having regard to the submissions made by the Standing Counsel for the first respondent University, I am not in a position to find fault with the first respondent University in issuing Ext.P5 rejecting the petitioner's application for registration. This is for the reason that, as at present the post graduate degree obtained by the petitioner under the Distance Education Course of the 2nd respondent is not recognized. Therefore the course to be adopted by the petitioner is to first approach the Academic Council of the first respondent university and only thereafter to approach the University to WP(c).No.2606/2009 3 consider the application for registration. In the light of above, the writ petition is disposed of with the following directions. It will be open to the petitioner to make an application to the Academic Council of the first respondent University requesting to recognize the Post Graduate Degree obtained by the petitioner. It is directed that when the application is so received, the same will be considered and orders thereon shall be passed without further delay. On the basis of the orders to be passed on the application as above, the petitioner can move the first respondent University for registration of P.hd as well. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.2606/2009 4