IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 7518 of 2011(L) ------------------------- PETITIONER: ------------------- V.SANDHYA, W/O.JAYABOSE, B-65, NGO COLONY, NAGARCOIL, TAMIL NADU. BY ADV. SRI.T.A.SHAJI SMT.MALU JOHN RESPONDENTS: ----------------------- 1. UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR. 2. PATTAMTHANU PILLAI MEMORIAL COLLEGE OF EDUCATION, MARUTHOORKONAM, THIRUVANANTHAPURAM, PIN-695 501. FOR R1 ADV.M. RAJAGOPALAN NAIR SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.7518 of 2011 -------------------------- Dated this the 17th March, 2011 J U D G M E N T The petitioner has approached this Court seeking for a direction to be given to the 1st respondent to publish the results of the 2nd Semester B.Ed English Examination and to issue the mark list and Degree Certificate to the petitioner, in accordance with law. 2. ` The prayer is resisted on many a ground particularly as to the absence of recognition. The University contends that the candidate who seeks admission to a course of study in the Kerala University who obtained their basic qualification from other Universities has to submit an eligibility certificate from the Kerala University for admission to a particular course. Eligibility certificate will be issued to those courses of study which are recognized by the Kerala University as equivalent to the corresponding courses in the Kerala University. It is stated that in respect of those courses which are not recognized by the Kerala University, the W.P (C) No. 7518 of 2011 2 students will have to apply for individual recognition of the course. 3. With regard to the case in hand, it is stated that the degree passed by the petitioner in B.A of Manonmaniam Sundaranar University under Distance Education Programme is not recognized by the Kerala University. It is also stated that the petitioner secured admission to the B.Ed course without producing the Eligibility Certificate; simultaneously adding that appropriate directions have been given to all the Heads of Departments and also to other institutions concerned to obtain the Eligibility Certificate from the candidates who have secured their Degrees from the University other than the Kerala University. 4. The learned counsel for the petitioner submits with reference to the decision rendered by the Supreme Court in Sanatan Gauda Vs. Berhampur University and Others [(1990) 3 SCC 23] that, once the University grants admission and permits the petitioner to write the examination, it is no more open to the University to take a U-turn and deny the benefits flowing therefrom. W.P (C) No. 7518 of 2011 3 5. The learned counsel also makes a specific reference to the observations made by the Apex Court in paragraph 15, which is extracted below. "This is apart from the fact that I find that in the present case the appellant while securing his admission in the Law College had admittedly submitted his marks sheet along with the application for admission. The Law College had admitted him. He had pursued his studies for two years. The University had also granted him the admission card for the Pre-Law and Intermediate Law Examinations. He was permitted to appear in the said examinations. He was also admitted to the final year of the course. It is only at the stage of the declaration of his results of the Pre-Law and Inter Law Examinations that the University raised the objection to his so-called ineligibility to be admitted to the Law Course. The University is therefore, clearly estopped from refusing to declare the results of the appellant's examination or from preventing him from pursuing his final year course." 6. It is brought to the notice of this Court during the course of hearing that, there is absolutely no misrepresentation from the part of the petitioner in securing admission and there is no case for the University as well. Since the respondents do not have a specific case as to any fraudulent act on the part of the petitioner and in view of the fact that the petitioner was permitted to write W.P (C) No. 7518 of 2011 4 the examination and further since two years are already over, this Court finds that the petitioner is justified in seeking for the reliefs sought for in the writ petition. 7. In the above circumstances, the respondents are directed to publish the result of the examination and issue the mark list, as sought for. This shall be done, within 'one month' from the date of receipt of a copy of this judgment. 8. However, it is made clear that this will not bar the way of the University in proceeding with the steps regarding the recognition of the course as pointed out above. The writ petition is allowed. No costs. P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge