Anuroopa A.P. v. University of Calicut (WP(C) No. 741 of 2020)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` THURSDAY, THE 3[RD] DAY OF AUGUST 2023 / 12TH SRAVANA, 1945 ``` ## **`WP(C) NO. 741 OF 2020`** ## **`PETITIONER/S:`** ``` ANUROOPA A.P ``` ``` PANJAMI, EDAKKULAM.P.O, KOYILANDY VIA, KOZHIKODE-673306 BY ADVS. AVM.SALAHUDIN SMT.M.P.SEETHA ``` ## **`RESPONDENT/S:`** - `1 UNIVERSITY OF CALICUT REPRESENTED BY THE REGISTRAR, CALICUT UNIVERSITY.P.O, 673635` - `2 THE REGISTRAR CALICUT UNIVERSITY, THENJIPALAM, MALAPPURAM-673635` - `3 CONTROLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O., 673635` - `4 SECRETARY STATE BOARD OF VOCATIONAL HIGHER SECONDARY EXAMINATION, THIRUVANANTHAPURAM-695001` - `*5 GOVERNMENT ARTS AND SCIENCE COLLEGE, CALICUT, REPRESENTED BY ITS PRINCIPAL, MEECHANDA P.O., PIN - 673 018` - `*6 THE PRINCIPAL GOVERNMENT ARTS AND SCIENCE COLLEGE,MEENCHANDA P.O., CALICUT, PIN 673 018` - `*THE ADDITIONAL RESPONDENTS NOS. 5 AND 6 ARE IMPLEADED AS PER THE ORDER DATED 10-08-2020 IN I.A. 02/2020` ``` BY ADVS. ``` ``` SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY GOVERNMENT PLEADER V.K SUNIL ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) 741/2020 -2- ## **JUDGMENT** Petitioner has passed the Vocational Higher Secondary Course in the year 2003 from the Govt. V.H.S.S. for Girls, Nadakkavu, Calicut, and joined B.A (English) degree course in Govt. Arts and Science College, Kozhikode. After completing the three-year course, she passed the examination and obtained Ext.P3 provisional certificate stating that the petitioner has passed the examination. Transfer Certificate was also issued on 12.06.2006 by the Principal, Govt. Arts and Science College. The petitioner decided to write the PSC examination and made an application on 18.07.2019 before the 2[nd] respondent for issuance of the original degree certificate. The application is produced as Ext.P5. Though a representation was sent on 03.01.2020, respondents 1 to 3 did not act on it. The petitioner prays for the following reliefs: “i) To issue a writ of mandamus or any other WP(C) 741/2020 -3- appropriate writ, order or direction directing the respondents Nos.1 and 2 to issue the original certificate of BA (English) Degree to the petitioner as applied for expeditiously. ii) To declare that the petitioner is entitled to get the original certificate of her BA (English) Degree Course from the first respondent university. iii) To issue any other writ, order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. A counter affidavit has been filed on behalf of the 4[th] respondent, in which it is contended that the petitioner had studied the V.H.S.E course in Maintenance and Operation of Bio-medical Equipments, and completed the course in 2003. The curriculum of VHS courses consists of three parts viz. Part I-English & General Foundation Course, Part II- Vocational Subjects (Theory & Practical), and Part III- Optional Subjects. Part I and Part II are compulsory for all students who pursue VHS courses. The pass-outs of these two Parts will be declared passed and awarded with a VHS certificate. The certificate is valid only for securing wage employment or self-employment WP(C) 741/2020 -4- and for apprenticeship training, but not eligible for higher studies. Part III of the curriculum is optional and those who want to go for higher studies will have to qualify themselves in Part I, Part II and part III and then only they are eligible for higher studies. 3. The counsel for the respondent-University argues that going by Ext.P2, for Part III, the petitioner obtained only 14 marks in Theory of Chemistry. Therefore, she has not passed Chemistry. Which disentitle her to apply for higher studies. In the certificate itself, just below the the marks in Part III, it is specifically stated that candidates who passed in part I and Part II are eligible for Public Service and passed in Part I, II, and III are eligible for higher studies and Public Service. Since the petitioner has not passed Part III examination in full, she is not entitled to admission in B.A Course. WP(C) 741/2020 -5- 4. A reply has been filed by the petitioner to the counter affidavit filed by the 4[th] respondent. It is stated in the reply affidavit that though the petitioner obtained lesser marks in Chemistry in Part III, the 1[st] respondent University as well as the College, where the petitioner studied for the Degree course considered this and gave admission and she had passed BA (English) degree examination. She has also been issued with a provisional certificate. 5. Ext.P3 is the provisional certificate issued on 20.07.2006 certifying that she had passed B.A Degree examination. She got admission in B.A (English) in the year 2003 and completed the course in 2006. Now only when she applied for the degree certificates in 2019, the University has come up with a contention that she was not eligible for admission to B.A (English) Course. It is also to be noted that even though the petitioner scored only 14 marks for theory in WP(C) 741/2020 -6- Chemistry; for practical she scored 46 and thus total mark is 60. 6. I am afraid that at this stretch of time, after the petitioner had been admitted to the college, completed the full term of study, wrote the examinations, and passed out in 2006, the respondent-University cannot now turn around and say that she was not eligible for admission since she did not qualify in the examination for the degree course. 7. The counsel for the petitioner relies on a judgment of the Apex Court in _Guru Nanak Dev University v. Sanjay Kumar Katwal and another[1] ,_ and in paragraph 16 the Apex Court has held as follows: “16. However, on the peculiar facts of the case, the first respondent is entitled to relief. The first respondent was admitted through a Common Entrance Test process during 2004-2005 He was permitted to take the first semester examinations by the university. He is not guilty of any suppression or misrepresentation of facts. Apparently, there was some confusion in the appellant university itself as to whether the distance education course attended by 1 2008 KHC 6967 WP(C) 741/2020 -7- the first respondent was the same as correspondence course which was recognized. The first respondent was informed that he was not eligible, only after he took the first semester examination. He has however also been permitted to continue the course and has completed the course in 2007. He has succeeded before the High Court. Now after four years, if it is to be held that he is not entitled to admission, four years of his career will be irretrievably lost. In the circumstances, it will be unfair and unjust to deny the first respondent the benefit of admission which was initially accepted and recognized by the appellant university. This Court in Shri Krishan v. The Kurukshetra University, 1976 KHC 615 AIR 1976 SC 376 1976 (1) SCC 311 AIR 1976 SC 376 1976 (2) SCR 722, has observed that before issuing the admission card to a student to appear in Part 1 Law Examination, it was the duty of the university authorities to scrutinize the papers, and equally it was the duty of the Head of the Department of Law before submitting the form to the university to see that it complied with all requirements; and if they did not take care to scrutinize the papers, the candidature for the examinations cannot be cancelled subsequently on the ground of non fulfillment of Sanatan Gauda v. requirements Berhampur University, 1990 KHC 821: AIR 1990 SC 1075 1990 (3) SCC 23: 1990 SCC (L&S) 423 1990 (70) CLT 241, this Court held where the candidate was admitted to the Law course by Law College and University also permitted him to appear for Pre Law and intermediate Law examinations, the college and the university were estopped from withholding his result on the ground that he was ineligible to take admission in Law course Having regard to the above we are of the view that irrespective of the fact that M.A English (OUS) degree secured by first WP(C) 741/2020 -8- respondent from Annamalai University through distance education, may not be recognized as an equivalent to the Master's degree of the appellant university, his admission to the law course should not be cancelled. The appellant University is directed to treat the admission as regular admission and permit the first respondent to appear for the law examination and if he has already appeared for the examination, declare his result. The appeal is disposed of accordingly.” 8. Therefore, in the light of the dictum in _Guru Nanak Dev University_ case (supra), I am of the considered opinion that the petitioner is entitled to the reliefs sought for in the writ petition. . It is made clear that the relief is granted to the petitioner taking into consideration the peculiar circumstances of the case and the fact that the petitioner joined the course in the year 2003 and completed it in the year 2006 as a regular student . This judgment shall not be treated as a precedent. Therefore, respondents 1 and 2 are directed to issue the original certificate of B.A (English) to the petitioner within a period of one month from the date of receipt of a copy of the WP(C) 741/2020 -9- judgment Writ petition is disposed of accordingly. **Sd/BASANT BALAJI JUDGE** JS -10- ## WP(C) 741/2020 ## **`APPENDIX OF WP(C) 741/2020`** |`PETITIONER EXHIBITS`|`PETITIONER EXHIBITS`|| |---|---|---| |`EXHIBIT P1`|`TRUE COPY OF THE CERTIFICATE DATED`|| ||`16.05.2003 ISSUED BY THE SECRETARY`|| ||`STATE BOARD OF VOCATIONAL HIGHER`|| ||`SECONDARY EXAMINATIONS`|| |`EXHIBIT P2`|`THE TRUE COPY OF THE MARK LSIT OF V.H.S`|| ||`EXAMINATION DATED 16.05.2003`|| |`EXHIBIT P3`|`TRUE COPY OF THE PROVISIONAL`|| ||`CERTIFICATE DATED 20.07.2016 ISSUED BY`|| ||`THE CONTROLLER OF EXAMINATION, CALICUT`|| ||`UNIVERSITY`|| |`EXHIBIT P4`|`TRUE COPY OF THE TRANSFER CERTIFICATE`|| ||`DATED 12/60/2006 ISSUED BY THE`|| ||`PRINCIPAL, GOVT.ART AND SCIENCE COLLEGE`|| |`EXHIBIT P5`|`TRUE COPY OF THE APPLICATION DATED`|| ||`18.07.2019 MADE BY THE PETITIONER`|| ||`BEFORE THE 2ND RESPONDENT FOR THE`|| ||`ORIGINAL DEGREE CERTIFICATE`|| |`EXHIBIT P6`|`TRUE COY OF THE REPRESENTATION DATED`|| ||`03.01.2020 TO 2ND RESPONDENT`|| |`EXHIBIT P7`|`TRUE COPY OF THE 1ST YEAR BA DEGREE`|| ||`EXAMINATION MARK LIST DATED 28/03/2005`|| ||`ISSUED`<br>`BY`<br>`THE`<br>`CONTROLLER`|`OF`| ||`EXAMINATION, UNIVERSITY OF CALICUT`|| |`EXHIBIT P8`|`TRUE COPY OF THE 2 YEAR BA DEGREE`|| ||`EXAMINATION MARK LIST DATED 09/12/2005`|| ||`ISSUED`<br>`BY`<br>`THE`<br>`CONTROLLER`|`OF`| ||`EXAMINATION, UNIVERSITY OF CALICUT.`|| |`EXHIBIT P9`|`TRUE COPY OF THE 3 YEAR BA DEGREE`|| ||`EXAMINATION MARK LIST DATED 26/06/2006`|| ||`ISSUED`<br>`BY`<br>`THE`<br>`CONTROLLER`|`OF`| ||`EXAMINATION, UNIVERSITY OF CALICUT`|| |`EXHIBIT P10`|`TRUE COPY OF THE COURSE & CONDUCT`|| ||`CERTIFICATE DATED 12/06/2006 ISSUED`|`BY`| ||`THE PRINCIPAL. GOVT. ARTS & SCIENCE`|| ||`COLLEGE, CALICUT.`||