IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 7184 of 2007(E) ------------------------- PETITIONER: --------------- NELSON THOMAS, AGED 23, S/O.THOMAS, CHOORACKAL HOUSE, NALUKETTU P.O., KORATTY, KIZHAKKUMMURY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU CHERUKARA SRI.P.JOSHY JOSE SRI.C.V.SHAJU SRI.S.RUSSEL SRI.K.K.ALIAS SRI.THAVAMONY.K. SMT.ROSAMMA MATHEW SRI.V.R.ARUN RESPONDENTS: ----------------- 1. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560. 2. M.G.UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560 REP. BY ITS REGISTRAR. 3. THE VICE CHANCELLOR, M.G.UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686 560. 4. THE PRINCIPAL RAJAGIRI COLLEGE OF SOCIAL SCIENCE, KALAMASSERY. BY ADV. SRI.V.A.MUHAMMED, SC, M.G.UNIVERSITY SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.7184/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE BBM CERTIFICATE ISSUED BY THE BHARATHIAR UNIVERSITY COIMBATORE TO THE PETITIONER DATED 1/3/2005. EXT.P2: TRUE COPY OF THE APPLICATION FOR ELIGIBILITY/EQUIVALENCY/RECOGNITION OF COURSES/CERTIFICATES MADE BY THE PETITIONER TO THE 2ND RESPONDENT M.G.UNIVERSITY DATED 1/9/2004. EXT.P3: TRUE COPY OF CHALAN BEARING NUMBER 223453 AND 223824 TOWARDS FEE FOR ELIGIBILITY AND FEE FOR COURSE RECOGNITION DATED 26/8/2004 AND 1/9/2004. EXT.P4(a) TO (d):TRUE COPY OF HALL TICKETS BEARING NUMBER 1009 ISSUED BY THE UNIVERSITY TO THE PETITIONER FOR THE 1ST SEMESTER TO 4TH SEMESTER EXAMS (MHRM). EXT.P5: TRUE COPY OF THE 1ST SEMESTER MARKLIST ISSUED BY THE UNIVERSITY TO THE PETITIONER DATED 29.7.05. EXT.P6: TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 3RD RESPONDENT VICE CHANCELLOR DATED 10/3/2006. EXT.P7: TRUE COPY OF THE INTIMATION ISSUED FROM UNIVERSITY GRIEVANCE REDRESSAL CELL DATED 6/10/2006 TO THE PETITIONER. EXT.P8: TRUE COPY OF THE MEMO ISSUED BY THE SECOND RESPONDENT REGISTRAR, M.G.UNIVERSITY DATED 27/1/2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 7184 OF 2007 E ===================== Dated this the 1st day of January, 2008 J U D G M E N T Petitioner had obtained a BBM Degree (Distance Education) from Bharathiar University. On the strength of this Degree, he applied to the respondent University its recognition by his application dated 1/9/04. While the application was pending consideration of the University, petitioner joined MHRM course in the 4th respondent College and completed the said course in 2006. During the period of his education in the 4th respondent College, hall tickets were issued and he appeared for the examinations and had succeeded in all such examinations. 2. After he completed the course, when he applied for issuance of marklist that was not done. Finally, he got Ext.P8 communication from the University informing him that the scheme and syllabus of the BBM degree conducted by Bharathiar WPC 7184/07 :2 : University has been evaluated by subject experts concerned and on the basis of their negative opinion, it has been decided not to equate the Degree he had obtained with BBM Regular of the respondent University. On this basis, petitioner was not issued marklist and degree certificates. It is in this background, this writ petition has been filed seeking to quash Ext.P8 and requiring the University to take a fresh decision. 3. It is true that the petitioner had obtained a BBM Degree from the Bharathiar University at the time of admission of MHRM course. However, the fact remains that the application made by the petitioner for recognition as early as on 1/9/04 was disposed of only by Ext.P8 dated 27/1/07. It is also a fact that in the meanwhile petitioner had successfully completed the course. Therefore, the question is whether the decision taken by the University not to recognise the degree obtained by him can work out prejudice to the petitioner since he had completed the MHRM course in the meanwhile. 4. In my view, this is a case that requires to be considered by the University, taking into account the fact that WPC 7184/07 :3 : during the pendency of the application made by the petitioner with the University itself, petitioner has successfully completed the MHRM course. It is also to be noticed that the University has no complaint that at the time of seeking admission, the petitioner has not disclosed any particulars about the degree that he had obtained. In these circumstances, it is for the University to consider whether the rules can be relaxed in the petitioner's case and his results can be declared. Therefore, I dispose of this writ petition directing that the Syndicate of the 1st respondent shall consider the request of the petitioner for issue of marklist and degree certificate of MHRM course successfully completed by the petitioner. This the Syndicate shall do, as expeditiously as possible, at any rate within eight weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE. Rp