IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 31700 of 2008(W) -------------------------- PETITIONER: --------------- J.BENIFIT JOSE, STUDENT 2ND SEMESTER B.ED DEGREE COURSE, KNMKNMS TRAINING COLLEGE, VELLARADA NOW RESIDING AT ARCHANA, VIRALY, UCHAKADA P.O., THIRUVANANTHAPURAM-DISTRICT PIN-695506. BY ADV. SRI.S.K.BALACHANDRAN RESPONDENTS: --------------- 1. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, KARIAVATTOM, THIRUVANANTHAPURAM. 2. THE UNIVERSITY OF KERALA, KARIAVATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS REGISTRAR. 3. THE PRINCIPAL, KNMKNMS TRAINING COLLEGE, VELLARADA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.31700 of 2008 -------------------------- Dated this the 14th November, 2008 J U D G M E N T Petitioner was admitted to the B.Ed Degree course (Mathematics) in the academic year 2007-08 in the 3rd respondent training college. It is now admitted that the minimum marks required by a candidate belonging to the OBC for admission to the B.Ed Degree course is 43% aggregate in all the subjects. It seems that the petitioner has 43% in Part III of the Degree Examination, but admittedly does not have 42% aggregate in all the subjects. This stipulation regarding the minimum marks required is contained in the prospectus issued by the Commissioner for Entrance Examinations produced by the University along with the statement filed by the standing counsel as Exhibit R1(a). It seems that the petitioner went by the prospectus issued by the College, which according to the petitioner is at variance from the prospectus issued by the Commissioner. Petitioner was W.P ( C) No.31700 of 2008 2 admitted to the B.Ed Degree course, completed the 1st semester and is now prosecuting the second semester. He had given the 1st semester examination as well. He had appeared for the practical examination in the second semester. Second semester examinations are to commence from 18.11.2008. The results of the first semester have been withheld. Petitioner has approached this court praying for the following reliefs. “i. to issue a writ of mandamus or any other appropriate writ, order or direction declaring that the petitioner is entitled to complete the B.Ed course to which he has been admitted for the academic year 2007-08. ii to issue a writ of mandamus or any other writ or order directing the respondents to permit the petitioner to appear for the 2nd semester examination. iii to pass such other writs and orders which this Hon'ble Court deems fit and proper to be issued in the circumstance of the case.” 2. A statement has been filed by the counsel for the University in which it is affirmed that the University had on verification of the papers relating to various students who have been admitted in the different affiliated colleges W.P ( C) No.31700 of 2008 3 noticed that the petitioner had got only 41.13 % marks for the qualifying examination. Exhibit P3 letter was issued to the 3rd respondent requesting a clarification regarding the irregular admission but ultimately it was verified and affirmed that the petitioner did not obtain the minimum eligible marks for B.Ed admission. 3. In the result, first semester examination results given by the petitioner has been withheld. Petitioner is not eligible to pursue B.Ed degree and the college ought not have admitted him. 4. I heard learned counsel for the petitioner and learned standing counsel for the University. 5. It is practically admitted that the petitioner did not obtain the requisite marks in qualifying examination for admission to the B.Ed course. In other words, petitioner was ineligible to be admitted to the B. Ed Degree course in a college affiliated to the respondent University. 6. If that be so, I cannot find fault with the stand taken by the University. Learned counsel for the petitioner prays for an opportunity to approach the Syndicate of the W.P ( C) No.31700 of 2008 4 University with a request for relaxation of minimum qualification, in special circumstances, consequentially enabling him to complete the B.Ed degree course. Counsel for the University has no objection in the petitioner adopting this course of action. In the result, the writ petition is disposed of permitting the petitioner to file a representation seeking the orders of the Syndicate of the University for relaxation of the minimum eligibility required for admission to the B.Ed Degree in the academic year 2007-08 for candidates belonging to the OBC candidates. If such representation is filed within one month from today, it shall be considered by the Syndicate of the Kerala University and a decision taken in that regard within two months from the date of receipt of the representation. (V.GIRI,JUDGE) ma W.P ( C) No.31700 of 2008 5 W.P ( C) No.31700 of 2008 6