IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 28629 of 2007(G) ----------------------------------------- PETITIONER(S): ------------------------ 1. SREELAL HARIDAS, HARI NIVAS, EREZHA SOUTH, CHETTIKULANGARA, MAVELIKKARA. 2. MAHESH, AMBIKA VILASAM, VALLAMCODE, PALLICKAL P.O., TRIVANDRUM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP RESPONDENT(S): --------------------------- 1. UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR. 2. DIRECTOR, INSTITUTE OF MANAGEMENT IN KERALA, SENATE CAMPUS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. CO-ORDINATOR, INSTITUTE OF MANAGEMENT IN KERALA, EXTENSION CENTRE, MUNDAKKAL, KOLLAM-1. BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2008 ALONG WITH WPC.NO.35752 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28629/2007 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF NOTIFICATION PUBLISHED IN 'MATHRUBHUMI DAILY' DTD. 12/03/2007. EXT.P2: COPY OF THE BROCHURE PUBLISHED BY THE 2ND RESPONDENT. EXT.P3: COPY OF COMMUNICATION DTD. 15/05/2007 RECEIVED BY THE 2ND PETITIONER CALLING UPON HIM TO ATTEND COUNSELLING ON 31/05/2007 AT SENATE HALL, UNIVERSITY OF KERALA. EXT.P4: COPY OF THE MEMORANDUM OF MARK LIST OF THE 1ST PETITIONER AT THE FNAL YEAR Bsc DEGREE EXAMINATION OF APRIL 2007 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE MEMORANDUM OF MARK LIST OF THE 2ND PETITIONER AT THE FINAL YEAR B.COM DEGREE EXAMINATION OF APRIL 2007 ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE CERTIFICATE DTD. 26/07/2007 ISSUED IN RELATION TO 1ST PETITIONER. EXT.P7: COPY OF CERTIFICATE DTD. 15/06/2007 ISSUED TO THE 2ND PETITIONER. EXT.P8: COPY OF THE CERTIFICATE DTD. 30/07/2007 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. EXT.P9: COPY OF REPRESENTATIONS DTD. 15/07/2007 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P10: COPY OF REPRESENTATIONS DTD. 15/07/2007 SUBMITTED BY THE IIND PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P11: COPY OF PROSPECTUS ISSUED BY THE UNIVERSITY OF CALICUT OF MBA PROGRAMME. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF APPLICATION FORM OF SREELAL HARIDAS. EXT.R1(B): COPY OF APPLICATION FORM OF MAHESH.M. EXT.R1(C): COPY OF REGULATION OF MBA PROGRAMME OF KERALA UNIVERSITY. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).Nos.28629 of 2007 & 35752 of 2008 ------------------------- Dated this the 15th day of December, 2008. JUDGMENT Almost similar issues arise for consideration in these writ petitions. Therefore, they have been heard together and are being disposed of by this common judgment. I will refer to the facts in W.P.(C)No.28629/07, which will, to a substantial extent, govern the other writ petition also. 2. The petitioners applied for admission to M.B.A Degree for the batch 2007-09 conducted by the Institute of Management in Kerala affiliated to the University of Kerala. According to them, the minimum qualification required was 50% marks in graduation. But, selection was to be made on the basis of the entrance test to be conducted. The petitioners were selected and were admitted, but later it was found that they did not possess 50% marks in aggregate in the Degree Examination. Their aggregate percentage was less than 50%, though they had secured 50% marks for the optional subjects and subsidiary. The University took the W.P.(C).NO.28629 /07 & 35752/08 :: 2 :: stand that they were ineligible in terms of the prescribed minimum requirement. They had approached this court earlier and have been continuing their studies on the strength of an interim order. 3. A counter affidavit has been filed by the University. Reference is made to Ext.R1(a) regulations, which mentions that the candidate should have obtained at least 50% marks on the average in the aggregate i.e. in all the parts of the Examination. A similar contention is taken up in W.P.(C)No.35752/08. The petitioner involved therein has aspired for admission for 2008 and the same later was cancelled by Ext.P5. It is under challenge in the said writ petition. 4. I heard Mr.George Varghese Perumpallikuttiyil and Ms.Vaheeda Babu, learned counsel for the petitioners and Mr.M.Rajagopalan Nair, standing counsel for respondents 1 and 2. 5. Going by the regulations issued by the University, the minimum marks required for admission is 50%, which the petitioners had not acquired at the time of admission in the Institute of Management. But W.P.(C).NO.28629 /07 & 35752/08 :: 3 :: reference is made to Exts.P1 and P2 produced in W.P.(C) No.28629/08. Those are publications of the University itself, where the stipulation regarding eligibility was as follows: “Candidates who have obtained at least 50% for graduation are eligible to apply for the entrance test. Selection is on the basis of qualifying in the Entrance test followed by Group Discussion and Interview.” Applications for the entrance test will be invited during January-February every year. Kerala University Common Admission Test, GD/interview will be held during April- May every year. Course commences every year in the month of June.” 6. Going by Ext.P2, there is substance in what the petitioners contend, though there is inconsistency between what is otherwise stipulated in the regulations and the Brochures. 7. But, I take note of the fact that admissions in the present case were basically effected on the basis of selection, which essentially consisted of an entrance test. The students cannot be blamed for having proceeded on the basis of Ext.P2 a publication by the Institute of W.P.(C).NO.28629 /07 & 35752/08 :: 4 :: Management, unlike the case of a prospectus issued by self-financing colleges. 7. Though I am not in a position to find any illegality in the stand taken by the University, I am of the view that the present case is an exceptional one, where the academic council of the University may consider relaxation of the minimum qualification of the students, who were admitted in the year 2007 and 2008 batch for the MBA course in the Institute of Management. Accordingly, the writ petitions are disposed of directing the petitioners herein, along with similarly situated persons, if any, to file a representation before the academic council specifically claiming relaxation of the marks required for admission to MBA in the Institute of Management for the year2 2007 and 2008. If such a representation is filed within three weeks from today, the academic council shall take a decision in its next meeting. The University shall ensure that the prospectus issued from the year 2009 onwards specifies the minimum eligibility requirement and the prospectus issued by the Institute of Management shall also specify the same W.P.(C).NO.28629 /07 & 35752/08 :: 5 :: without giving any room for any doubt whatsoever as to the minimum eligibility. The petitioners in these writ petitions shall be permitted to continue their course. It is made clear that the mere fact that they are now being permitted to continue with the course shall not be treated as an expression of opinion by this court. The liberty granted to them is only till the academic council takes a decision. If any one of the students of the year 2007-08 are found to be ineligible, the University shall refund their fees. Sd/- (V.GIRI) JUDGE sk/ //true copy//