IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 2559 of 2007(D) ----------------------------------- PETITIONER(S): ------------------------ P.A. SHAKKIR, S/O. ALIYAR, IIND YEAR M.SC. STUDENT, ST.STEPHENS COLLEGE, UZHAVOOR, KOTTAYAM DISTRICT, KERALA. BY ADV. MR.M.A.ABDUL HAKHIM RESPONDENT(S): -------------------------- 1. THE UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARGS, NEW DELHI-2, REPRESENTED BY ITS CHAIRMAN. 2. JOINT SECRETARY, THE UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARGS, NEW DELHI-2. BY ADVS. MR. AJITH KRISHNAN, ADDL.CGSC FOR R1 & 2 MR.P.PARAMESWARAN NAIR, CGC FOR R1 & R2 MR.S.KRISHNAMOORTHY FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2559/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROVISIONAL RANK CERTIFICATE ISSUED BY THE MG UNIVERSITY TO THE PETITIONER. P2:- COPY OF THE CERTIFICATE ISSUED BY THE M.G.UNIVERSITY TO THE PETITIONER CERTIFYING THAT B.SC VOCATIONA MODEL II COURSE WITH PHYUSICS AS CORE SUBJECT, COMPUTER APPLICATION AS VOCATION SUBJECT AND MATHEMATICS AS COMPLIMENTARY SUBJECT MENTIONED IN EST.P1 IS A GENERAL DEGREE COURSE OF THE UNIVERSITY. P3:- COP CERTIFICATE OF AARD TO THE PETITIONER DT. 19.11.05. P4;- COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DT. 27.12.05. P5:- COPY OF THE LETTER AND ITS ENCLOSURES ISSUED BY THE PRINCIPAL ST.STEPHEN'S COLLEGE, UZHAVOOR TO THE 2ND RESPONDENT DT. 16.1.06. P6:- COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DT. 22.6.06. P7:- COPY OF THE LETTER ISSUED BY THE PRINCIPAL ST.STEPHEN'S COLLEGE, UZHAVOOR TO THE 2ND RESPONDENT DT. 19.7.06. P8:- COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT. P9:- COPY OF THE LETTER SENT BY THE PRINCIPAL ST.STEPHEN'S COLLEGE, UZHAVOOR TO THE 2ND RESPONDENT. TRUE COPY P.S. TO JUDGE TSS P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 2559 OF 2007 ......................................................................... Dated this the 25th March, 2009 J U D G M E N T The petitioner is aggrieved of the non-disbursement of monetary equivalent pursuant to Post Graduate Scholarship for University Rank Holders, awarded to him by respondents- UGC as borne by Ext.P3. 2. The petitioner passed B.Sc Model II (Vocational) Degree Examination held in September, 2002, securing Ist Class and 11nd rank among the 82 candidates appeared for the examination in Core Subject-Physics, Vocational Subject -Computer Application and Complimentary Subject-Mathematics, from the M.G. University, as borne by Ext.P1 provisional certificate. The University has also issued Ext. P2 Certificate of Award showing that the course undergone by the petitioner was a 'general course' of the University and that it is a vocational W.P.(C) No. 2559 OF 2007 2 and semesterised version of the conventional B.Sc. Physics (Model I) Degree Course of the University. 3. Taking note of the credentials of the petitioner and in tune with the provisions for awarding scholarship to the petitioner (who joined the Post Graduate Course in Physics in the St. Stephen's College, Uzhavoor, Kottayam), the respondents issued Ext.P3 Certificate of Award granting MHRD-UGC Post Graduate Merit Scholarship (2005-07) for University Rank Holders. In furtherance to the steps for disbursement of the amount payable under the Post Graduate Merit Scholarship, the respondents, vide Ext.P4 addressed to the authorities of the College, sought for some clarifications and also requested to produce the requisite documents. This in turn was complied with by the Principal, forwarding such clarifications along with the 'joining report' and also the 'letter of acceptance' submitted by the petitioner, as borne by Ext.P5. Despite this, presumably under a mistake, the respondents-UGC again called for the relevant materials stating that there was lapse on the part of the college authorities, in spite of repeated reminders, alerting that W.P.(C) No. 2559 OF 2007 3 urgent action might be pursued, so that the due amount could be sent to the name of the awardee, through the Smart Bank Card of ICICI Bank. 4. It has been observed in Ext.P6 proceedings of the UGC that the course should have been in a 'traditional subject' so as to enable the rank holder to obtain the benefit of the scholarship, which stands cleared and answered in view of Ext. P2 certificate given by the University and also as borne by Ext.P1 Rank Certificate issued by the very same University showing the Core subject as Physics, Vocational subject as Computer Application and Complimentary subject as Mathematics; further supported by Ext.P9 communication sent by the Principal to the respondents. With regard to the observation of the respondents in Ext. P6 that the awardee is pursing “final year” of P.G. Course in the year 2005-06 and that as per the guidelines, admission to the Ist year P.G. Course should be in the year 2005-06, it is pointed out by the learned counsel for the petitioner, with reference to Ext.P9 communication issued by the Principal of the College addressed to the respondents-UGC, that the petitioner was a W.P.(C) No. 2559 OF 2007 4 student of the “first year” regular M.Sc. Physics (General) course in the year 2005-06. Reliance is also placed on the joining report enclosed by the Principal along with Ext.P5 communication addressed to the respondents, wherein the date of admission to the Post Graduate Course had been clearly mentioned as '21.07.2005'. 5. On hearing both the sides and on going through the specific pleadings raised by the petitioner in the Writ Petition and the respondents in their counter affidavit, it is very much clear that the petitioner's case comes within the stipulations contemplated for awarding the scholarship and that the UGC was very much right in awarding the certificate, as borne by Ext.P3, though the eligibility to get the amount was doubted subsequently-due to technical reasons, which cannot cause any hurdle in view of the observations made herein before. In the above facts and circumstances, the respondents are directed to disburse the Post Graduate Merit Scholarship award amount payable to the petitioner flowing from Ext.P3 certificate, either by sending the amount to the Head of the Institution (the W.P.(C) No. 2559 OF 2007 5 Principal, St. Stephen's College, Uzhavoor, Kottayam, Kerala) under intimation to the petitioner or even directly to the petitioner, marking a copy to the Head of the Institution as aforesaid. Necessary steps in this regard shall be finalised as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of the judgment. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk