IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WA.No. 706 of 2007 --------------------------- AGAINST THE JUDGEMENT IN WPC.28779/2004 Dated 23/11/2006 .................... APPELLANT/PETITIONER: ------------------------------------- SALINI.B.L., KRISHNAVILASAM, PULIMATH P.O., KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, KERALA UNIVERSITY OFFICE, THIRUVANANTHAPURAM. 2. UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS CHAIRMAN, UNIVERSITY GRANTS COMMISSION, NEW DELHI. 3. ALLAMA IQBAL INSTITUTE OF MANAGEMENT, REPRESENTED BY ITS DIRECTOR, DAIVAPPURA P.O., PERINGALAM, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. MAKHANLAL CHATURVEDI RASHTRIYA PATRAKARITA VISHWAVIDYALAYA, BHOPAL, REPRESENTED BY ITS REGISTRAR. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA SRI.A.MOHAMED RASHEED FOR R5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.706 of 2007 ------------------------------------------ Dated, this the 7th day of July, 2009 JUDGMENT Kurian Joseph, J. The appellant is the writ petitioner. The writ petitioner approached this Court with the following prayers: “a) a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to recognize the BCA degree of Makhanlal Chaturvedi Rashtriya Patrakaritha Viswa Vidhyalaya, Bhopal, which the petitioner had studied through its off campus Centre, Attingal, Trivandrum. b) a writ of mandamus or any other appropriate writ, direction or order commanding the University to reconsider the decision taken by it in regard to the recognition of the BCA degree of Makhanlal Chaturvedi Rashtriya Patrakaritha Viswa Vidhyalaya, Bhopal through its off campus Centre, Attingal, Trivandrum. 2. It is not in dispute that the 5th respondent University is a statutory University and that University has been recognized by the University Grants Commission as well as the Kerala University. But, W.A.No.706 of 2007 - 2 - whether the course offered by the said University in BCA through off campus study is liable to be treated as equivalent to the BCA degree of the Kerala University is the question. The learned Single Judge referring to the Regulations framed by the Kerala University held that the BCA degree offered by the 5th respondent University under the Distance Education Scheme cannot be treated as equivalent to the BCA degree offered by the Kerala University. But, on going through the records, we find that it is not under the Distance Education Scheme that the writ petitioner obtained BCA degree under the 5th respondent University, but as an off campus student. 3. Sri.M.Rajagopalan Nair, learned counsel appearing for the Kerala University submits that whether it is Off Campus, Distance Education or Open University, unless a student undergoes the regular course of study of an equivalent period in a University recognised by the Kerala University, the degree awarded by that University cannot be recognised. There is no dispute regarding the qualifying examination. We have also gone through the prospectus of the 5th respondent University and we find that BCA course is permitted to be conducted by the associate institutions. We also note from the prospectus that W.A.No.706 of 2007 - 3 - though termed as associate institutions, the 5th respondent University itself has taken care of the academic programme as well as the course with regular attendance. It is also stipulated that academic records of students must also be maintained on day-to-day basis including records of attendance, classes completed, programmes completed, class tests, assignments, viva, field visits, project work, etc. It is also seen from the prospectus that there was an inspection team from the 5th respondent University. 4. Learned counsel appearing for the Kerala University inviting our attention to the recent decision of the Supreme Court in Guru Nanak Dev University v. Sanjay Kumar Katwal and another, (2009) 1 SCC 610, submits that franchising of education by Universities cannot be permitted. But we find from clause 6.A.(iii) of the prospectus of the 5th respondent University that “the University does not permit its Associate Study Institutes to do franchising or sub- letting its courses to other Institutes”. Be that as it may. We are bound by the dictum laid down by the apex Court that the courses offered under the Distance Education Scheme or the Open University Scheme cannot be recognized as equivalent to the degree awarded by a W.A.No.706 of 2007 - 4 - University after undergoing the regular course of study. The only difference as far as this case is concerned is that the course undergone by the writ petitioner is not under an Open University Scheme or Distance Education Scheme, but under off campus study. 5. We find from the facts of the case that by virtue of the interim orders passed by this Court, the writ petitioner was permitted to continue her studies, she has completed the course and it is learnt that she has secured good marks in the MBA examination conducted by the Kerala University. We find from the decision of the Supreme Court in Guru Nanak Dev University (supra) that taking note of the factual position in the said case where the student had already been admitted to the Degree in Law and the student was permitted to complete the course with a further direction to permit the student to appear for the examination and if he has already appeared for the examination to declare the result. 6. In view of the peculiar facts and circumstances of this case where also the student has already undergone the course, completed it successfully and has reportedly secured high marks, we are of the view that it is only just, fair, proper and reasonable that the W.A.No.706 of 2007 - 5 - Kerala University looks into her case as a special case in the light of the concession granted to the student covered by the Supreme Court decision. We make it clear that this judgment shall not be treated as a precedent as it is rendered only in the peculiar facts and circumstances of this case. The writ petitioner may file an appropriate representation before the Vice Chancellor of the Kerala University within two weeks from today along with a copy of this judgment and the University shall take a decision in the matter in the light of the observations contained in this judgment within another two months untrammelled by the observations and findings of the learned Single Judge in the judgment under appeal. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns