IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 18895 of 2007(Y) ---------------------------------------- PETITIONER(S): ------------------------ M. ANIL KUMAR, AGED 38 YEARS, S/O. LATE K.M.KUNHIKANNAN, MUTHIRAKKAL HOUSE, P.O. PULAR, AMBALATHARA, ANANDASHRAM, KASARGOD. BY ADVS.MRI.C.V.MANUVILSAN MR.E.C.BINEESH MR.G.SUDHEER MR.P.C.ANIL KUMAR RESPONDENT(S): -------------------------- 1. KANNUR UNIVERSITY, REPRESENTED BY ITS VICE CHANCELLOR, MANGATTUPARAMBA, KANNUR. 2. VICE CHANCELLOR, KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR. 3. THE REGISTRAR, KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR. 4. THE CONTROLLER OF EXAMINATION, KANNUR UNIVERSITY MANGATTUPARAMBA, KANNUR. 5. THE CO-ORDINATOR OF KANNUR UNIVERSITY, COMMUNITY COLLEGE OF YOGIC SCIENCE AND INDIGENOUS HEALTH CARE AT THOTTADA. ADV. MR.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R.1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18895/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COURSE CERTIFICATE DT. 20.9.06. P2:- COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY SWATHY YOGA INSTITUTE. P3:- COPY OF THE CERTIFICATE EVIDENCIN G THAT PETITIONER HAS PASSED HINDI RASHTRA BHAGHA VISHERAD EXAMINATION. P4:- COPY OF THE CHALLAN NO.386 REMITTED IN TREASURY EVIDENCING THE PAYMENT OF EXAM FEE OF RS. 145/- BY THE PETITIONER. P5:- COPY OF THE HALL TICKET WITH REGN. NO.2452/ISSUED TO THE PETITIONER. P6:- COPY OF THE REMINDER DT. 5.2.07. P7:- COPY OF THE MEMO ISSUED BY THE SECTION OFFICER OF ACADEMIC BRANCH KANNUR UNIVERSITY DT. 3.3.07. RESPONDENT'S EXHIBITS NIL. TRUE COPY P.S. TO JUDGE TSS S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 18895 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th May, 2009. J U D G M E N T The petitioner applied for admission to the diploma course in Yogic Science and Indigenous Health Care conducted by the 1st respondent-University. That course was started in the year 2004. The qualification prescribed for admission to the said course was a pass in higher secondary course or equivalent. The petitioner possessed the qualification of pass in the examination in Rashtra Bhasha Visharad conducted by the Dakshin Bharath Hindi Prachar Sabha, which, according to the petitioner is equivalent to a pass in higher secondary examination. Based on that qualification, the petitioner applied for admission and was admitted to the course. The petitioner was issued with a hall ticket for writing the examination and he wrote the examination also. However, the result of the petitioner was not published, but withheld. The petitioner was later informed by Ext. P7 that the admission granted to the petitioner for the course is cancelled as he does not possess the qualification prescribed for admission to the course. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i. Issue a writ of certiorari or any other writ quashing Ext. P7 memo and all further proceeding pursuant to it. ii. Issue a writ of mandamus or any other writ directing the respondents 1 to 3 to announce the marks obtained by the petitioner in the above mentioned examinations and declare that the petitioner is eligible/entitled to get the certificate of said course viz. Yogic Science and Indigenous Health Care. iii. Issue a writ of mandamus or any other writ directing the respondents 1 to 3 pay compensation to the petitioner by the respondents for the tort committed by them to the petitioner.” 2. The petitioner's contention is that in the copy of the press W.P.C. No. 18895/2007 -: 2 :- note attached to Ext. P3 certificate issued to the petitioner by the Dakshin Bharath Hindi Prachar Sabha, it is specifically stated that the said course is equivalent to intermediate, which, in turn, is equivalent to higher secondary course. Therefore, according to the petitioner, the petitioner is fully qualified for admission to the course and as such, the cancellation of admission and withholding of results are patently illegal. 3. A counter affidavit has been filed by the University, in which it is stated that the educational qualification fixed for admission to the course was a pass in higher secondary examination or its equivalent, recognised by the University. According to University, a pass in the Rashtra Bhasha Visharad examination is not recognised as equivalent to pass in higher secondary examination by the University and therefore the petitioner's qualification is not sufficient for admission to the said course. 4. I have considered the rival contentions in detail. 5. The only evidence relied upon by the petitioner to show that his qualification was equivalent to higher secondary examination is a press note attached to Ext. P3 certificate. According to the petitioner, that would show that a pass in Rashtra Bhasha Visharad is equivalent to a pass in intermediate examination. Assuming that Ext. P3 can be relied upon for that purpose, that alone would not be sufficient for the petitioner to succeed in the writ petition. In so far as the qualification prescribed is a pass in higher secondary examination or its equivalent recognised by the University, the petitioner has to further show that the qualification possessed by the petitioner has been recognised by the University as equivalent to higher secondary examination. The petitioner has not been able to satisfy me that the University had in fact recognised his qualification as equivalent to a W.P.C. No. 18895/2007 -: 3 :- pass in higher secondary examination. Even otherwise, in Ext. P3, what is stated is that the standard of Hindi of Visharad is equivalent to standard of Hindi in intermediate examination and it does not say that the said course is equivalent to intermediate course. That being so, clearly the petitioner has not been able to prove that he is qualified for admission to the diploma course in Yogic Science and Indigenous Health Care. Therefore, I do not find any merit in the writ petition. The writ petition is accordingly dismissed. 6. Learned counsel for the petitioner thereupon submits that because of the action of the University in granting him admission and allowing him to undergo the course after obtaining fees from him, the petitioner has lost one year of his career and he should be appropriately compensated for the same. If the petitioner is entitled to any damages or compensation, it is for him to take up the matter in appropriate proceedings as warranted by law. The dismissal of this writ petition would not stand in the way of the petitioner seeking such reliefs. Sd/- S. Siri Jagan, Judge. Tds/