IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WA.No. 65 of 2010() ------------------- AGAINST THE JUDGEMENT IN WPC.28483/2009 Dated 17/11/2009 .................... APPELLANT(S): PETITIONER ------------------------ K.R.SREEKUMAR, S/O.RAMAKRISHNA PILLAI, AGED 48 YEARS, KUNNAMPALLIL VALIYATH, S.V.M.POST, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): RESPONDENTS -------------------------- 1. THE UNIVERSITY OF KERALA, TRIVANDRUM REPRESENTED BY ITS REGISTRAR. 2. THE PRINCIPAL, KERALA LAW ACADEMY LAW COLLEGE PEROORKADA, TRIVANDRUM - 695 005. R1 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC R2 BY ADV.SRI.R.T.PRADEEP THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, Ag.C.J. & THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.A.No.65 OF 2010 ------------------------------------------- Dated this the 8th day of February, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1. Though he had passed the examinations of SSLC and Pre- degree, the appellant/petitioner did not pass the BA degree examination, in spite of his attending a course study for BA degree in English in a college affiliated to the University of Kerala. He later acquired the degree of Master of Arts in Public administration (Distance Education) from the Annamalai University during the year 2008. On the strength of that degree of Master of Arts (Distance Education) he applied for admission for the LL.B. Degree (three years course) in a college affiliated to the University of Kerala. He filed the writ petition seeking a direction to the University of Kerala to issue eligibility certificate. He also sought for a direction that he be admitted for the LL.B. Degree course. After hearing the WA.65/10 2 University also, on the basis of its Regulations, learned single Judge dismissed the writ petition. Hence this writ appeal. 2.Before the learned single Judge and before us as well, it was argued that the law laid by the Apex Court in Guru Nanak Dev University v. Sanjay Kumar Katwal [(2009) 1 SCC 610] would support the claim of the petitioner that though he did not possess a Bachelor's Degree; having been awarded with a Master's Degree, he should be deemed to possess a Bachelor's Degree. The academic qualifications for LL.B. course of Guru Nanak Dev University was prescribed as Bachelor's Degree of that University or any other equivalent examination recognised by that University with not less than 45% marks; or Master's Degree of Guru Nanak Dev University or any other University recognized as equivalent thereto. The M.A. Degree of Annamalai University having been recognised by the Guru Nanak Dev University, interpreting the latter part of the prescriptions made by the Guru Nanak Dev University as to qualifications, the Apex Court held that a candidate who has a WA.65/10 3 Master's Degree of Guru Nanak Dev University or recognised by it as equivalent, could seek admission even if the said person did not have a Bachelor's Degree. It was held that the use of the word “or” in the relevant provision that govern Guru Nanak Dev University was disjunctive. Contrasting that with the provisions contained in paragraph 4(a) and 4(b) of the Regulations of the University of Kerala, learned Judge has held that the ratio of the aforesaid precedent has no application to the fact of the case in hand. 3.Paragraphs 4(a) and 4(b) of the Regulations issued by the University of Kerala are as follows: “4(a) No candidate shall be admitted to the First Semester LL.B. Degree (three year course) unless he has passed the Bachelors Degree Examination in any subject of the University of Kerala or any other examination recognised as equivalent thereto by this University with not less than 45% marks in the aggregate, if there is WA.65/10 4 no entrance test for admission to LL.B. Degree course. (b) If there is entrance test for admission to LL.B. Degree Course no candidate shall be admitted to the First Semester of the LL.B. Degree Course unless he has passed the Bachelor's Degree Examinations of the University of Kerala or any other examination prescribed as equivalent thereto by this University with not less than 40% marks in the aggregate”. (underlined to emphasise) 4.The aforequoted provisions clearly show that Master's Degree is not prescribed as a qualification for admission for LL.B. Course. The petitioner has no case that any Master's Degree is recognised by the University of Kerala as equivalent to Bachelors Degree. With this fact situation, the mere fact that the Master's Degree in Public Administration (Distance Education) of Annamalai University, is recognised by the University of Kerala, does not, in any manner, make the WA.65/10 5 petitioner eligible for admission to the LL.B. Degree (three year course) unless he has a Bachelor's Degree in any subject from the University of Kerala or any other examination recognised as equivalent thereto by the University of Kerala, with the minimum prescribed marks in the Bachelor's Degree examinations. For the aforesaid reasons, we find no infirmity in the impugned judgment. In the result, the writ appeal fails. It is accordingly dismissed. Sd/- P.R.RAMAN, Ag.Chief Justice. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.08/02.