IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 4765 of 2008(P) ------- ------------------------------- PETITIONER(S): --------------------- AISWARYA MOHAN, AGED 21 YEARS D/O.MOHANAN, 'AISWARY', ADAKANDU P.O. KARIKAVU, ERANAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ SRI.P.VENUGOPAL (1086/92) SRI.M.GEORGE THOMAS RESPONDENT(S): ------------------------ 1. ASSISTANT REGISTRAR (EXAMS) MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 2. THE ASSISTANT REGISTRAR (EXAMS VIII) MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 3. THE CONTROLLER OF EXAMINATIONS MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 4. PRINCIPAL, SREE NARAYANA GURUKULAM COLLEGE OF ENGINEERING KADAYIRUPPU, KOLENCHERY. ADDL. R5: (impleaded as per order dt. 13.3.2009 in I.A. No.3672 of 2009) THE MAHATMA GANDHI UNIVERISTY, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM, REP. BY ITS REGISTRAR R1 TO R3 BY STANDING COUNSEL SRI. T.A. SHAJI. R4 BY ADV. SRI.P.BABU KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Order on I.A. Nos.10370/09 and 11054/09 in W.P.(C) No.4765 of 2008 P Dismissed Sd/- K. Balakrishnan Nair, Judge. 14.09.2009 Sd/- P. Bhavadasan, Judge. APPENDIX PETITIONER'S EXHIBITS: Ext.P1 : True copy of the receipt dated 24.1.2007 of Sree Narayana Gurukulam College of Engineering. Ext.P1(a): True copy of the Fee receipt dated 20.6.2007 of Sree Narayana Gurukulam College of Engineering. Ext.P1(b): True copy of the Fee receipt dated 17.12.2007 of Sree Narayana Gurukulam College of Engineering. Ext.P2: True copy of the Provisional Certificate dated 15.1.2008 of Gandhi University. Ext.P3: True copy of the Memo dated 31.1.2008 by which the application of the petitioner for registration to MBA Course rejected by the first respondent. Ext.P4: True copy of the representation for registration and seeking permission to appear for the first year examination. Ext.P5: True copy of the recommendation letter given by 4th respondent dated 6.2.2008. Ext.P6: A true copy of the Circular dated 4.7.2007 bearing No.Ac.AVII/2513/07 issued by the Dy. Registrar (Academic) of the M.G. University. Ext.P7: A true copy of the Circular dated 22.8.2007 bearing No.Ac.AVII/2513(B)/ 07 issued by the Dy. Registrar (Academic) of the M.G. University. Ext.P8: A true copy of the memo dated 6.3.2009 issued by the Assistant Registrar, Academic- I, of the Mahatma Gandhi University. Ext.P9: A true copy of the timetable for the IIIrd Semester MBA Degree examination issued by the M.G. University. Ext.P10: A true copy of the memo dated 25.8.2009 issued by the Asst. Registrar, Exams. (True copy) K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.P(C).No.4765 of 2008 - P ------------------------------ Dated this, the 14th day of September, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioner is a student of M.B.A. Course in the fourth respondent's College. The basic qualification for admission to M.B.A. Course is graduation. The petitioner was a student of Bachelor of Business Administration. He took the final year B.B.A. examination in May, 2007. The results, as per the original schedule, should have been published in August, 2007, but, in fact, it was published only on 29.11.2007. 2. The last date for receipt of applications for M.B.A. Course was fixed by the University by Ext.P6 circular as 31.7.2007. This Circular was modified by Ext.P7, by extending the last date for receipt of applications as 29.9.2007. The petitioner, though only a student who took the examination for B.B.A., was admitted in the fourth respondent's College. While WP(C) No.4765 of 2008-P - 2 - he was a student for M.B.A., as mentioned earlier, the result of B.B.A. Examination was published on 29.11.2007 and she cleared the examination in Second Class. When her name was forwarded by the Principal for registration for the First Semester examination, the University rejected it by Ext.P3 communication stating that the candidate was not qualified on the last date for admission to M.B.A. Course. Immediately, the petitioner filed Ext.P4 representation praying that she may be allowed to take the first semester examination. The Principal also forwarded Ext.P5 representation to the University on 6.2.2008 requesting to reconsider the matter. Thereafter, the Writ Petition was filed seeking the following reliefs: “(a) issue a writ of mandamus or such other writ or order, direction to respondents to permit the petitioner to write 1st year M.B.A. Examination; (b) issue a writ of mandamus or such other writ, or order, or direction to respondents 1 to 3 to register the petitioner for M.B.A. Course; (c) issue a writ of mandamus or order or direction to dispose of Exhibit P4 representation.” WP(C) No.4765 of 2008-P - 3 - The University filed a counter affidavit resisting the prayers in the Writ Petition, pointing out that the petitioner was not qualified on the last date fixed for admission. The petitioner filed an amendment application in this Writ Petition challenging Exts.P6 and P7 Circulars and seeking a direction to the University to extend the last date for admission to M.B.A. Course for the year 2007-08 to 29.11.2007, i.e. the date of declaration of results of B.B.A. Examination. Other incidental reliefs were also sought. In the meantime, the petitioner was also served with Ext.P8 communication, as per which, her application for third semester was also rejected on the ground of her disqualification at the stage of admission to the course. When the Writ Petition was heard, the learned Single Judge was of the view that this may be a case, where the Vice-Chancellor could exercise his power under Statute 14(I) (v)(b) of Chapter II of M.G. University Statutes 1997, which reads as follows: “(b) to sanction admission to candidates in deserving cases who could not apply for admission within the time-schedule fixed by WP(C) No.4765 of 2008-P - 4 - the University in any affiliated Colleges/University Departments/Institutions.” The learned Single Judge found that there was a decision of another learned Single Judge of this Court in W.P.(C) No.11035 of 2008, wherein it was held that power under the said Statute cannot be exercised in favour of a student who was admitted to M.B.A. Course without the qualifying degree on the last date fixed for admission to the course. The learned Single Judge, finding it difficult to agree with the decision in the above mentioned case, has referred this Writ Petition to be heard by a Division Bench. 3. The learned counsel for the petitioner submitted that, Exts.P6 and P7 Circulars have been issued on behalf of the Registrar illegally. Such circulars can be issued only by the Academic Council, it is submitted. Further, whenever the last date for admission to P.G. Course is fixed, the same can be fixed only after the publication of the results of the degree WP(C) No.4765 of 2008-P - 5 - course concerned. In this case, the said Rule has been violated by the University. It is stated that, the results of the B.B.A. Course was published only on 29.11.2007 and therefore, the last date for receipt of applications for M.B.A. could have been fixed only after that. Special reference was made to Rule II of the Rules for admission of students to various courses in Arts and Science Colleges under the M.G. University, which reads as follows: “II. Issue and submission of forms: The application forms will be issued to the applicants from the date of publication of the results of the respective qualifying examinations conducted by the University or otherwise notified by the University. The application form will be issued to the applicant with the name of the applicant entered therein. The issue of forms will be closed at 2 pm on the 10th day from the above date unless otherwise notified or specifically permitted by the University. In case the 10th day happens to be a public holiday the issue of forms will be closed on the next working day. Application forms duly completed will be received by the college for twelve days from the date of publication of the results of the qualifying WP(C) No.4765 of 2008-P - 6 - examination. Applications received after the last date prescribed will be marked 'Late' with the date of receipt. Late applications will not be considered unless otherwise instructed by the University. Applications received in time will bear a registration number. Receipt of forms will be acknowledged by post in case the applicant affixes sufficient postage stamps for the purpose on the acknowledgement card with the registration number entered by the college. A register of applications shall be maintained by the college. All the application forms shall be preserved for a period of one academic year.”. If the University followed the above quoted rule, the petitioner's admission would have been legal and valid, it is submitted. Finally, it is pointed out that, petitioner has already completed two years of study and if her admission is found to be illegal, irreparable injury will be caused to her. 4. We will first consider whether the Statute 14(I) (v)(b) of Chapter II of M.G. University Statutes 1997 will apply to the facts of this case. We have already quoted the above WP(C) No.4765 of 2008-P - 7 - Statute. The learned Single Judge in W.P.(C) No.11035 of 2008 took the view that the said Statute is applicable only for students who were qualified for admission on the last date fixed for admission and not for students who became qualified subsequently. A person can apply for admission to a course, if only he is qualified for admission. Such a qualified hand, if for some reason or other, applies belatedly, then the above quoted Statute will apply. The facts of this case disclose that the petitioner applied for M.B.A. Course without the requisite qualification and based on the subsequent declaration of results, she moved for registration for appearing in the examination. So, the above Statute will not have any application to the facts of the petitioner's case. We agree with the view of the learned Single Judge in W.P.(C) No.11035 of 2008. 5. The next point to be considered is whether relief could be granted to the petitioner for the reason that the last date for receipt of applications was fixed by the University WP(C) No.4765 of 2008-P - 8 - before the publication of results of B.B.A. examination. We notice that for admission to M.B.A. Course, a graduate in any subject is eligible. A person with B.B.A. degree is also eligible. If the principle that, for such a course the last date can be fixed only after publication of results of all degree courses of the University, is applied, the M.B.A. course can never commence in time. There will be delay in the publication of results of one or more degree courses under the University. So, the Rule II quoted above cannot be applied mechanically for all Post Graduate Courses. We think, the above rule is only directory in nature. If admission to M.Sc.(Maths) Course is made before the publication of B.Sc. (Maths) results, there may be some grievance for the candidates concerned. But, as far as M.B.A. Course is concerned, there is no specific course which could be treated as the feeder course. Further, in this case, we notice that the petitioner has not chosen to challenge Exts.P6 or P7 Circulars or fixation of last date thereunder, immediately after they were published. As per those circulars, the petitioner was ineligible to apply. So, ignoring the WP(C) No.4765 of 2008-P - 9 - disqualification, the petitioner applied and obtained the admission, and when his application for registration is rejected, he has come up before this Court challenging the fixation of dates. Even assuming that the last date could not be fixed as was done under Exts.P6 or P7, we are of the view that, challenge against them by the petitioner is highly belated, having regard to the facts of the case and therefore cannot be entertained. In admission matters like this, the challenge should be prompt and only on making a successful challenge to the fixation of last date, the petitioner could have submitted his application. In view of the above position, what emerges is that, the petitioner who is only having Plus Two qualification, applied and got admission for M.B.A. Course. The said admission is plainly contrary to the Statute. A student who has taken the qualifying examination is ineligible for admission to P.G. Course unless there are specific provisions enabling such admission. No Statute has been brought to our notice, which enables a student who has taken the qualifying examination to apply and get admission to a WP(C) No.4765 of 2008-P - 10 - P.G.Course. Further, the fact that petitioner has spent two years for completing M.B.A. Course will not make any difference. Such considerations cannot make an illegal admission, legal. So, the Writ Petition is devoid of any merit and it is accordingly dismissed. No costs. Sd/- K. Balakrishnan Nair, Judge. Sd/- P. Bhavadasan, Judge. DK. (True copy)