IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 19407 of 2004 Between: Shaik Karim, S/o Shaik Babu Jani,Muslim, R/o 7-10/12, Raghavendranagar, Nacharam, Hyderabad - 76. ..... PETITIONER AND 1 The Vice-Chancellor, Dr. B.R. Ambedkar University, Road No. 46, Jubilee Hills, Hyderabad - 500 033. 2 The Registrar, Dr. B.R. Ambedkar University, Road No. 46, Jubilee Hills, Hyderabad - 500 033. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in not issuing the Provisional Certificate to the petitioner herein as illegal, arbitrary and violative of principles of natural justice and for a consequential order directing the respondents to issue Provisional Certificate of the petitioner forthwith Counsel for the Petitioner:MR.SAI BABA ITAPU Counsel for the Respondent No.: MR.M.RATNA REDDY(SC FOR AP OPEN VARSITY) The Court made the following : Form-NIC-OGS/WP{AVLR} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.19407 of 2004 O R D E R: The case of the petitioner is that he is a student of Dr.B.R.Ambedkar Open University joined in the year 1999 for B.Com first year and completed second year and final year also in May, 2003 for which the University issued Memo of Marks and also Transfer Certificate. The Transfer Certificate issued by the University clearly indicates that the petitioner qualified for B.Com Degree. It is further stated that the respondent University issued Circular in C.No./166/SSB/UGP/U-II/III Yr.2001-2002, dated 05.07.2001 along with admission form for III year of the degree course to the petitioner. As per the said circular, final year students can change their optional subjects. Accordingly, the petitioner changed his optionals from Group-B (09) to Group-C (10) by paying prescribed fees. The said change was accepted by the University and issued Hall Ticket for the final year with the optionals of Cost Accountancy and Income Tax as required by the petitioner. The memo of marks was also issued indicating that the petitioner has passed III year examination. But the respondent University has not issued any Provisional Certificate on the ground that the petitioner has changed his optionals in the final year, therefore, the petitioner is not entitled for any Provisional Certificate. It is stated that though the petitioner made a representation, requesting to issue Provisional Certificate, as the Memo of Marks qualifying the petitioner was issued and the Transfer Certificate was also issued indicating that the petitioner is entitled for the award of Degree, but the said request was not considered. Therefore, the petitioner seeks to issue a Writ of Mandamus, declaring the action of the respondents in not issuing the Provisional Certificate to him for Degree of B.com. as illegal and arbitrary. 2. The respondent University filed counter through its Registrar, stating that the petitioner is a student of Under Graduate Programme offered by the University bearing Admission No.03299/26760. As per the University’s Admission Procedure, the period of completion of Under Graduate Programme allowed to students is minimum of 3 years and maximum of 9 years, that is to say a student can pass within the maximum period of 9 years. It is further stated that as per the University Rules, the candidate who has chosen optional subjects in the II year has to continue the same in the III year also. It is only in the case of B.Com students of III year are eligible to opt for specialization (A) or (B), if they have opted for Group III Commerce optional (course item No.10) in the II year. It is further stated that as per the Circular of the University dated 05.07.2001, issued for the payment of tuition fees for the III year U.G.Programme and Sub-heading 3 – Dispatch of Course Material, reads as under: “The University will dispatch the III year course material to you on the basis of the optionals chosen by you in the II year. Change of optional subjects will be entertained in the III year also, upto two months from the date of commencement of the first contact-cum-counselling class for III year on payment of Rs.430/- per subject (II & III years) and after two months the student has to pay Rs.800/- per subject (II & III year) in the form of D.D. drawn in favour of “The Registrar, Dr.B.R.Ambedkar Open University, Hyderabad”. After receiving the requisition letter along with due amount, the course material will be dispatched, effecting the change of optional. However, the student, can write the examinations of the papers of the changed subject(s) in the same academic year and hence will not loose any academic year.” 3. Sub-heading 4 – Choosing of Specialisation subjects in Group-III for B.Com Students of the said Circular reads as under: “The III year students of B.Com., who have opted for Group III, in their III year have an option to choose either optional (A) or optional (B). This is applicable only to the students who have opted for Group III (subject code No.10) in their II (Second) year only” 4. It is stated that since the petitioner has not chosen Group-III (Code No.10) in his II year, he is not eligible to choose either optional (A) or (B) in the III year and he has to continue with the Code No.09 i.e. Group-II in his III year also. The first year course i.e. Foundation Course is common and compulsory to all B.A./B.Com./B.Sc. students. The students can choose the optional of their choice from II year onwards. The petitioner opted to study B.Com., and chosen the subjects viz., English Literature, Group-I and Group-II. It is stated that the subjects opted by the petitioner in II year will be continued in III year also, since there is no detention system prevailing in the University and the students will be automatically promoted to the next class notwithstanding the result of the II year examination. 5. It is stated that the subjects opted by the petitioner for the II year are English Literature-Drama from Shakespeare to the present time, Group I-Business Organisation & Management, and Group II-Business Statistics, and for the III year the subjects opted by the petitioner are English Literature-Study of Literature & Language, Group I-Advanced Accounts and Group III(A) – Cost Accountancy (Theory & Practice). 6. It is stated that the III year students of B.Com. who have opted for Group III in their III year have an option to choose either optional (A) or optional (B) in respect of the students who have opted for Group-III (subject code No.10) in their II year only, as per the sub-heading-4 of the Circular dated 05.07.2001 relating to payment of the fee for the III year U.G.Programme. It is stated that the petitioner is not entitled to opt Group-III (A) in the III year and therefore, the Provisional Certificate cannot be issued to the petitioner. It is stated that pursuant to the application of the petitioner dated 06.04.2004 the University issued a Memo dated 14.4.2004 indicating the reasons for non-issuance of Provisional Certificate on the ground that the petitioner chosen three subjects as optionals for II and III years, but his optional subjects in the II and III year are different and hence the petitioner is not eligible for Provisional Certificate. It is stated that the University reserves the right to cancel the Transfer Certificate at any stage if it found that the same was issued on the basis of false information furnished by the petitioner. It is further stated that the Transfer Certificate and Memo of Marks cannot confer any right on the petitioner for issuance of Provisional Certificate since the Transfer Certificate relates to completion of Course and Memo of Marks indicates the passing of subjects, but that will not give raise any right to the petitioner for issuance of Provisional Certificate. 7. Heard on either side and considered the material available on record. 8. In the instant case the only objection of the respondent is that the petitioner changed subjects in the III year. 9. The learned counsel appearing for the petitioner submits that there is no stipulation when the petitioner was joined in first year degree course in the year 1999 with admission No.03299/26760. The circular dated 05.07.2001 relied upon by the respondent is only relating to the payment of tuition fees for the III year U.G.Programme for the academic year 2001-02. However, it is stated that as per Sub-heading-4 of the said Circular, there is no prohibition to choose optional (A) or optional (B) III year with subject Code No.10. It is stated that option to choose either optional (A) or (B) is applicable to the students who have opted Group-III, subject code No.10 in their II year, is ambiguous and not clear. However, I am of the opinion that when the petitioner has opted and paid the fee for the III year for the subjects opted by him, the same has been accepted, and not only issued Hall Ticket permitting the petitioner, but also issued Memorandum of Marks and thereafter issued Transfer Certificate stating that the petitioner is entitled for award of Degree. 10. In the circumstances, I am of the opinion that the respondents having accepted the fee permitting the petitioner to study the subject opted by him for III year and having allowed him to write the examination and having evaluated the papers and having issued Memo of Marks and Transfer Certificate, they are not entitled to refuse to issue the consequential Provisional Certificate. Once the payment of fee for admission in III year with the subject chosen by the petitioner was accepted and permitted to write the examination and having passed the said subject, I am of the opinion that there cannot be any justification on the part of the respondents in declining to issue the Provisional Certificate to the petitioner. 11. I am of the opinion that there was no suppression or misrepresentation of facts or any submission of false information on the part of the petitioner and therefore, in the absence of any fraud played by the petitioner, the petitioner cannot be deprived of his right to get the Provisional Certificate. The right to life and the dignity of an individual cannot be assured unless it is accompanied by the right to education. In that view of the matter, I am of the opinion that the University authorities should have issued the Provisional Certificate to the petitioner. 12. For the foregoing observations, the Writ Petition is liable to be allowed, and is accordingly, allowed as prayed for. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 04.07.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Vice-Chancellor, Dr. B.R. Ambedkar University, Road No. 46, Jubilee Hills, Hyderabad - 500 033. 2 The Registrar, Dr. B.R. Ambedkar University, Road No. 46, Jubilee Hills, Hyderabad - 500 033. 3.2CCs to 4.2CD copies