Lekshmi K.V. v. M.G. University & De Paul Institute of Science & Technology

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN** **FRIDAY, THE 20TH DAY OF JULY 2012/29TH ASHADHA 1934** **WP(C).No. 251 of 2012 (F) -------------------------** ## **PETITIONER: ----------** **LEKSHMI.K.V., KUNDELATTU HOUSE, S.L.PURAM.P.O., CHERTHALA-688523.** **BY ADV. SRI.K.V.SADANANDA PRABHU** **RESPONDENT(S):** **--------------** **1. M.G.UNIVERSITY,** - **PRIYADARSINI HILLS, KOTTAYAM-686560.** **2. DE PAUL INSTITUTE OF SCIENCE & TECHNOLOGY** - **ANGAMALI REP. BY ITS PRINCIPAL PIN-683 572.** **R1 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY** **R2 BY ADV. SRI.WILSON URMESE** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **VK** ## **WP(C).No. 251 of 2012 (F)** ## **-------------------------** ## **APPENDIX ---------** ## **PETITIONER'S EXHIBITS** **---------------------** **EXT.P1. RELEVANT EXTRACT PAGE NO.30 REGARDING LIST OF DEGREES AND EXAMINATIONS OF OTHER UNIVERSITIES AND INSTITUTIONS RECOGNIZED BY THE 1ST RESPONDENT.** **EXT.P2. RELEVANT EXTRACTS PAGESI, 64,65,168 & 169 OF THE HAND BOOK PUBLISHED BY HE 1ST RESPONDENT SHOWING THE RECOGNITION OF THE INSTITUTION AND THE ELIGIBILITY CRITERIA FOR HIGHER STUDIES IN MHRM.** **EXT.P3. COPY OF THE FAX MESSAGE DT. 30.12.11 SENT BY THE PETITIONER TO THE 1ST REP.** **EXT.P4(A). COPY OF THE ORDER DT. 30.12.2011 IN NO.ACD/01/3047(M)/2011 OF THE 1ST RESP.** **EXT.P4(B). COPY OF THE ORDER IN UO NO.6894/ACD/2011/ACCADEMIC DT. 28.12.2011** **EXT.P5(A). MARK SHEET NO.DH00145375 DT NIL RECEIVED BY THE PETITIONER FROM THE MANONMANIYAM SUNDARNAR UNIVERSITY, TURUNELVELI.** **EXT.P5(B). HALL TICKET DT. & NO NIL.** **EXT.P6. COPY OF THE PROSPECTUS OF MANONMANIAM SUNDARANAR UNIVERSITY** **EXT.P7(A) COPY OF THE MARK LIST DT. 14.11.2007 ISSUED BY THE 1ST RESPONDENT.** **EXT.P7(B). COPY OF THE MARK LIST DT. 6.5.2008 ISSUED BY THE 1ST RESPONDENT.** **EXT.P7(C). COPY of the MARK LIST DT. 12.8.2008 ISSUED BY THE 1ST RESPONDENT.** **EXT.P7(D). COPY OF THE MARK LIST DT. 31.12.2008 ISSUED BY THE 1ST RESPONDENT.** **EXTP7(E). COPY OF THE MARK LIST DT. 20.7.2009 ISSUED BY THE 1ST RESPONDENT.** **/ TRUE COPY /** **P.A. TO JUDGE** **VK** ## **P.N.RAVINDRAN, J.** ------------------------------ ## **W.P.(C).No.251 of 2012** --------------------------------- **Dated this the 20[th] day of July, 2012** ## **JUDGMENT** The petitioner was awarded the degree of Bachelor of Computer Applications (BCA for short) by the Manonmaniam Sundaranar University, in March 2011. She thereafter joined the second respondent institute to undergo the post graduate course in Human Resource Management, hereinafter referred to as the MHRM course. The Principal of the second respondent institute however required the petitioner to produce an eligibility certificate from the Mahatma Gandhi University, to which the second respondent institute is affiliated, to the effect that the degree of Bachelor of Computer Applications awarded by the Manonmaniam Sundaranar University is recognised by the Mahatma Gandhi University. The petitioner thereupon applied for an eligibility certificate to the Registrar of the Mahatma Gandhi University. When no action was taken on the application, she filed W.P.(C)No.31874 of 2011 in this Court. The said writ petition was disposed of on 30.11.2011 with a direction to the Mahatma Gandhi University to take an appropriate decision on the petitioner's application for eligibility certificate within four weeks. Since the first semester examination of the MHRM course was to be WPC No.251/2012 2 held in January 2012, the petitioner sent repeated representations to the Registrar of the Mahatma Gandhi University requesting for expeditious orders in the matter. The last of the representations is Ext.P3 dated 30.12.2011. 2. When Mahatma Gandhi University did not take a decision on the petitioner's application for eligibility certificate, notwithstanding the directions issued by this Court in W.P.(C)No.31874 of 2011, the petitioner was constrained to file W.P.(C)No.38 of 2012 in this Court, for an order directing the Mahatma Gandhi University to issue a hall ticket to her to enable her to appear for the first semester examination scheduled to be held on 6.1.2012. After the said writ petition was filed, the petitioner received Ext.P4(a) memo dated 30.12.2011 informing her that her application for eligibility certificate has been rejected as per university order dated 28.12.2011, a copy of which is on record as Ext.R4(b). Consequently, W.P.(C)No.38 of 2012 was dismissed as withdrawn on 3.1.2012, reserving liberty with the petitioner to challenge Ext.P4(a) memo and Ext.P4(b) order. The instant writ petition was thereupon filed on 4.1.2012, challenging Ext.P4(a) memo and Ext.P4(b) order and seeking the following reliefs:- _"i) To issue a writ of certiorari or other writ order or direction of like nature to call for the records relating to Ext.P4(a) and P4(b) and quash the same as beyond the competence of 1[st] respondent._ WPC No.251/2012 3 _ii) To issue a writ in the nature of direction directing the 1[st] respondent to issue the eligibility certificate as prayed for immediately or within such time as this Hon. Court may please to direct and iii) In the meanwhile direct the 1[st] respondent to allow the petitioner to write in all the semester examinations scheduled by the respondent."_ 3. It is contended that the Mahatma Gandhi University has recognised the BCA degree awarded by the Manonmaniam Sundaranar University under the Distance Education Programme as per order dated 25.2.2005, that the said fact was made known to the public by Ext.P1 publication of the Mahatma Gandhi University which sets out the list of degrees and examinations recognised by it till the year 2007, that the petitioner had not applied for recognition of the degree awarded to her by the Manonmaniam Sundaranar University, but only for an eligibility certificate, that a reading of Ext.P4(b) order indicates that what was considered was a request for recognition and not a request for an eligibility certificate and therefore, the rejection of the application for eligibility certificate is illegal and is liable to be set aside. It is also contended that the qualifications prescribed by the Mahatma Gandhi University for admission to the MHRM course is any Bachelor degree with not less than 50% marks in the aggregate for Arts, Commerce and BBA degrees and 55% marks in the aggregate for all other degrees or 50% marks in the aggregate for Masters degree, WPC No.251/2012 4 that the petitioner possesses more than 50% marks in the aggregate for the BCA examination and therefore, as the BCA degree awarded by the Manonmaniam Sundaranar University under the Distance Education Programme is recognised as equivalent to the BCA degree awarded by the Mahatma Gandhi University vide order dated 25.5.2005, there is no scope for an enquiry as to whether the petitioner had undergone a course similar to the one conducted by the colleges affiliated to the Mahatma Gandhi University. It is contended that though it may be open to the Mahatma Gandhi University to derecognise the BCA degree awarded by the Manonmaniam Sundaranar University under the Distance Education Programme and to take away the recognition granted to that degree by University order dated 25.2.2005, such a decision can have only prospective operation and therefore, the eligibility certificate applied for cannot be declined. 4. The Registrar of the Mahatma Gandhi University has sworn to a counter affidavit dated 31.1.2012. It is contended that though the Mahatma Gandhi University has recognised the three year BCA course conducted by the Manonmaniam Sundaranar University under the Distance Education Programme, it has not recognised the BCA degree awarded by the Manonmaniam Sundaranar University to a candidate who has appeared for the examination in a single sitting after joining WPC No.251/2012 5 the third year of the course. It is stated that the petitioner underwent the BCA course after securing admission in the third year of the course and appeared for the third year examination at the end of the third year and the BCA degree awarded to such a candidate has not been recognised by the University and therefore, the opinion of the Chairman of the Board of Studies and Dean was sought, that after the opinion was received, the Vice Chancellor of the University decided to reject the request for recognition of the BCA (Distance Education) degree awarded by the Manonmaniam Sundaranar University to candidates who have undergone only the final year of the course. The relevant portions of the counter affidavit filed on behalf of the Mahatma Gandhi University are extracted below for easy reference: _“5. Mahatma Gandhi University has recognized the BCA three year Distance Education course of Manonmaniam Sundaranar University as equivalent to the corresponding course in the M.G.University. Obviously the course period of three years has to be completed before obtaining the degree. In the present case, the petitioner has completed the course in a single sitting through re-admission. A course passed in a single sitting cannot be considered as equivalent to the BCA course of the University._ _6. The petitioner's request for eligibility certificate was rejected vide Memo No.Ac.D/1/3047 (M)/2011 dated 30.12.2011 and the same was sent to her by registered post._ _7.The Memo and U.O.No.6894/Ac.D/2011/Academic dated 28.12.2011, in this regard were sent to the_ WPC No.251/2012 6 _petitioner by registered post on 30.12.2011._ _8. There is no inaction on the part of the University as alleged by the petitioner, since the BCA course passed in a single sitting is not a recognized one, the opinion of Board of Studies and Dean, Faculty of Technology & Applied Sciences were sought and a decision was taken by the Vice Chancellor, exercising the powers of the Academic Council invoking the emergency provision under section 10(17) of the Mahatma Gandhi University Act, 1985, to reject the request to recognize the course._ _9. Mahatma Gandhi University has only recognized the BCA (Distance Education) course of Manonmaniam Sundaranar University, which is to be completed in three years and not a course completed in single sitting._ _10. Since the degree taken by the candidate is not recognized, the opinion of the Chairman, Board of Studies and Dean had to be sought. University has the right to seek opinion from experts in any case. Only the normal BCA course (Distance Education) conducted in three years by Manonmaniam Sundaranar University, is recognised by this University._ _11. It is submitted that from the opinion of the Chairman, Board of Studies, it is clear that Manonmaniam Sundaranar University is also conducting BCA course with more papers. Only the normal BCA course (Distance Education) conducted in three years by the said University is recognized by Mahatma Gandhi University._ _12. The University has the right to seek the opinion of the experts in any case and when considering the course of one University as equivalent to the corresponding course offered by the University. Many factors, such as conduct of examination, practical, scheme of valuation, number of papers etc are taken into account. The subject experts have opined that the BCA course completed in a single sitting could not be considered as equivalent to the BCA course of this University, which has 6 semesters with 6 papers to_ WPC No.251/2012 7 _study in each semester._ _13. The petitioner had applied for eligibility certificate for a course not recognized by the University and hence it had to be considered whether the course could be recognized for issuing eligibility certificate. University has subsequently issued orders not to recognize the course.”_ 5. The petitioner has filed a reply affidavit dated 13.3.2012. She has in the reply affidavit stated that she had undergone the six semester BCA degree course in Chinmaya Vidyapeet, Ernakulam, affiliated to the Mahatma Gandhi University, that she appeared for the 1[st] , 2[nd] , 3[rd] , 4[th] and 5[th] semester examinations and as she failed in a few subjects in the examinations, she discontinued the course and joined the third year of the BCA course (Distance Education) conducted by the Manonmaniam Sundaranar University. Relying on Ext.P6 produced along with the reply affidavit it is contended that as per the regulations framed by the Manonmaniam Sundaranar University for the three year BCA course under the Distance Education Programme, candidates who have completed the second year of the course and have passed or failed in any undergraduate degree programme in a regular college/distance education of a recognised university/institute and discontinued their studies will be readmitted in the third year on verification of the original certificates obtained from the WPC No.251/2012 8 institution/university last studied and that the petitioner was given admission to the last year of the BCA course (Distance Education) conducted by the Manonmaniam Sundaranar University in terms thereof. It is stated that as the regulations framed by the Manonmaniam Sundaranar University permit the admission of a student who has discontinued studies after completing the first and second year of the BCA course in a college affiliated to the Mahatma Gandhi University, the Mahatma Gandhi University cannot decline to issue the eligibility certificate on the ground that the petitioner appeared for the BCA degree examination at one stretch or as stated by the Mahatma Gandhi University in a single sitting. It is contended that as the Mahatma Gandhi University has recognized the BCA degree awarded by the Manonmaniam Sundaranar University under the Distance Education Programme, it cannot take the stand that the course recognized by it is different from the course undergone by the petitioner. 6. I heard Sri.K.V.Sadananda Prabhu, learned counsel appearing for the petitioner, Sri.T.A.Shaji, learned standing counsel appearing for the Mahatma Gandhi University and Sri.Wilson Urumese, learned counsel appearing for the second respondent. The learned counsel appearing for the petitioner contended relying on Ext.P1 publication of WPC No.251/2012 9 the Mahatma Gandhi University that the BCA degree awarded by the Manonmaniam Sundaranar University under the Distance Education Programme was recognised as per order dated 25.2.2005 and therefore, the eligibility certificate applied for should have been issued. The learned counsel for the petitioner contended that as the qualification possessed by the petitioner already stands recognised, the act of issuing the eligibility certificate is only a ministerial act and does not involve a policy decision as regards the equivalence of the degree possessed by the petitioner and therefore, there was no occasion or need for the Mahatma Gandhi University to consider whether the degree possessed by the petitioner namely, the BCA degree awarded by the Manonmaniam Sundaranar University under the Distance Education Programme is equivalent to the BCA degree awarded by the Mahatma Gandhi University. The learned counsel contended that a reading of Ext.P4(b) order would make it clear that what was considered was a request for recognition of the BCA degree course conducted by the Manonmaniam Sundaranar University made by students who had completed the course in one sitting and not the petitioner's application for an eligibility certificate in respect of the BCA degree awarded by the Manonmaniam Sundaranar University, which was already recognized by the University order dated 25.2.2005. The WPC No.251/2012 10 learned counsel for the petitioner also contended that as the regulations of the Manonmaniam Sundaranar University permit admission of students like the petitioner, who have discontinued their studies in a regular college affiliated to the Mahatma Gandhi University for the very same course, to join the final year of the course under the Distance Education Programme and appear for all the papers at one sitting, is not a reason to hold that the degree awarded to such students is different and distinct from the degree awarded to students who have undergone the three year course under the Distance Education Programme in the centres of Manonmaniam Sundaranar University in the State of Tamil Nadu and elsewhere. 7. Per contra, Sri.T.A.Shaji, learned standing counsel appearing for the Mahatma Gandhi University contended with reference to Ext.P6 and the University Order dated 25.2.2005, a copy of which was made available to me for perusal during the course of hearing, that the Manonmaniam Sundaranar University had not sought recognition of the BCA course conducted by it under the Distance Education Programme wherein candidates who have completed one year of the course elsewhere and have failed in the examination are admitted in the second year of the course and candidates who have completed two years elsewhere and have failed in the examinations are given WPC No.251/2012 11 admission to the third year of the course. The learned counsel contended with reference to the files that the Registrar of the Manonmaniam Sundaranar University had not in his letter seeking recognition for the BCA course (Distance Education) informed the Mahatma Gandhi University of the fact that students who have studied elsewhere and have discontinued their studies after completing one year of study are given admission to the second year of the course and likewise candidates who have discontinued studies elsewhere after completing two years of study are given admission to the third year of the BCA course and therefore, the Mahatma Gandhi University was not aware when it issued the order dated 25.2.2005, according recognition to the BCA degree awarded by the Manonmaniam Sundaranar University under the Distance Education Programme that, it has recognised the BCA degree course undergone by the petitioner who had joined the third year of the course after dropping out of a college affiliated to the Mahatma Gandhi University wherein she had undergone the same course for 5 out of the 6 semesters. The learned standing counsel contended that as the course/degree which was recognised by the University order dated 25.2.2005 is different from the course which the petitioner had undergone, the eligibility certificate could not have been issued without first deciding whether the course WPC No.251/2012 12 undergone by the petitioner can be recognised and that after considering the opinion of experts, the Vice Chancellor of the Mahatma Gandhi University decided to reject the request for recognition of the BCA degree course (Distance Education) conducted by the Manonmaniam Sundaranar University which is completed in one sitting. The learned counsel for the Mahatma Gandhi University lastly contended that it is open to the Mahatma Gandhi University to decide whether the courses of other Universities should be recognised or not and that the University has in exercise of that right decided not to recognise the course undergone by the petitioner. Sri.Wilson Urumese, learned counsel appearing for the second respondent submitted that the petitioner was given admission for the MHRM course subject to the condition that she should produce an eligibility certificate from the Mahatma Gandhi University to the effect that she is eligible to undergo the course and that it is for the petitioner to obtain and produce such an eligibility certificate from the University. 8. I have considered the submissions made at the Bar by the learned counsel on either side. I have also gone through the pleadings and the materials on record. The pleadings and the materials on record disclose that the petitioner had undergone the regular BCA degree course in Chinmaya Vidyapeet affiliated to the Mahatma Gandhi WPC No.251/2012 13 University and had discontinued her studies during the 6[th] semester of the course. Exts.P7(a), P7(b), P7(c), P7(d) and P7(e) mark sheets establish the said fact and also the fact that the petitioner had failed in one paper in the first semester, two papers in the second semester, one paper in the third semester and three papers each in the fourth and fifth semesters. It is also evident from the pleadings and the materials on record and the submissions made at the Bar that it was after the petitioner discontinued the regular course of study in a college affiliated to the Mahatma Gandhi University, that she joined the very same course under the Distance Education Programme of Manonmaniam Sundaranar University. Ext.P6 produced by the petitioner along with her reply affidavit discloses that candidates who had completed two years of study in a regular college and have passed or failed in the examinations and have discontinued their studies will be admitted by the Manonmaniam Sundaranar University in the third year of the course after verification of original certificates from the Institution/University last attended. Ext.P5(a) mark list produced by the petitioner discloses that she underwent the BCA degree course through M.S.U. Education Centre, Ernakulam under the Distance Education Programme of the Manonmaniam Sundaranar University and appeared for third year examination held in November 2010. Ext.P5 WPC No.251/2012 14 (b) hall ticket produced by the petitioner discloses that she was given re-admission to the third year of the course in terms of the stipulations in Ext.P6 and that she had appeared for the third year examination held in November, 2010. It is thus evident from Ext.P5(a) mark list and Ext.P5(b) hall ticket that the petitioner had appeared for and passed only the third year examination conducted by the Manonmaniam Sundaranar University after she was given admission to the third year of the course in terms of the stipulations in Ext.P6. 9. Relying on the University order dated 25.2.2005, which is referred to in Ext.P1, the learned counsel for the petitioner contended that the degree awarded to her by the Manonmaniam Sundaranar University is one recognised as equivalent to the BCA degree awarded by the Mahatma Gandhi University and therefore, she is eligible to apply for admission to the MHRM course in the second respondent's institution. Though the University order dated 25.2.2005 is not on record, a copy thereof was made available for perusal by the learned counsel appearing for the Mahatma Gandhi University. The said order reads as follows: “ _As per the reference cited, a letter has been received from Prof.P.Nagarajan, Registrar, Manonmaniam Sundaranar University for course recognition of BCA & MCA (Distance Education) course as equivalent to BCA and MCA course of Mahatma Gandhi University._ _Sanction has, therefore, been accorded by the Vice_ WPC No.251/2012 15 _Chancellor, subject to ratification by the Academic Council to BCA (Distance Education), MCA (Distance Education & Lateral Entry) courses of Manonmaniam Sundaranar University, Thirunelveli, being recognised as equivalent to the BCA and MCA courses of Mahatma Gandhi University. Orders issued accordingly.”_ 10. The University order dated 25.2.2005 refers to a letter dated 1.4.2004 from the Registrar of Manonmaniam Sundaranar University. The said letter is extracted below in full: _“This University is getting representation from various approved study centres functioning in the State of Kerala, that the students are finding it difficult to get admissions in various Universities in Kerala. In this regard, we would like to draw your attention that our University is recognized by UGC and the courses conducted by us are recognized by all State Governments and Universities. We also recognize the degrees awarded by your University. (The Xerox copy of UGC book page is enclosed)._ _So kindly accept all our degrees conducted by us through our approved study centres including MCA/BCA/BLISC for all purposes of getting further admissions and employment. Furthermore, we have come to know that our study centres after fulfilling our requirements they are also fulfilling various/other requirements prescribed by competent authorities of the state while conducting the courses in our study centres. Hence, it is requested that due recognition may kindly be given to all the courses conducted in our study centres, keeping in view of the welfare of the students._ _The Scheme and Syllabus of BCA and MCA (Twinning/Parallel Programme) is also attached duly attested.”_ 11. A reading of the letter dated 1.4.2004 indicates that the scheme and syllabus of the BCA course were attached along with it. The Registrar of the Manonmaniam Sundaranar University had not stated in his letter that candidates who have dropped out of colleges WPC No.251/2012 16 elsewhere after completing the first year of the course are permitted to join the second year of the course and have dropped out after the second year of the course are permitted to join final year of the BCA degree course under the Distance Education Programme of the Manonmaniam Sundaranar University. The scheme of examination which accompanied that letter also did not disclose the said fact. The files disclose that after the letter dated 1.4.2004 was received, it was placed before the Dean of Faculty of Technology and Applied Sciences for the reason that there was no Chairperson for the Board of Studies. The files disclose that the Deans committee that met on 17.9.2004 resolved to recommend grant of recognition to the BCA/MCA courses conducted by the Manonmaniam Sundaranar University and to refer the matter of recognition of MCA lateral entry course and PGDCA course of the said University to the Dean of Faculty of Technology and Applied Sciences. Pursuant to the said decision, the issue regarding recognition of the MCA lateral entry course was referred to the Dean, Faculty of Technology and Applied Sciences who in turn sent a letter dated 4.2.2005 stating that the MCA lateral entry course of Manonmaniam Sundaranar University is equivalent to the corresponding course of the Mahatma Gandhi University for higher studies and employment purposes. It was thereafter that the order WPC No.251/2012 17 dated 25.2.2005 was issued whereby, subject to ratification by the Academic Council, the Vice Chancellor accorded sanction to recognise the BCA degree course and MCA lateral entry course of Manonmaniam Sundaranar University as equivalent to the BCA and MCA courses of Mahatma Gandhi University. It is evident from the files that when the issue regarding recognition of the BCA degree awarded by the Manonmaniam Sundaranar University under the Distance Education Programme was considered by the Mahatma Gandhi University it was not aware that the Manonmaniam Sundaranar university permitted admission of students to the final year course and such students are also awarded the Degree of Bachelor of Computer Applications as is awarded to students who have undergone the three year course. In other words, it was not brought to the notice of the Mahatma Gandhi University that the regulations for the BCA course permit admission of students to the third year and such students will also be awarded the Degree of Bachelor of Computer Applications. Ext.P6 also discloses that candidates who join the first year of the course have to appear for seven papers in the first year examination, nine papers in the second year examination and eight papers in the third year examination. Ext.P5(a) mark list issued to the petitioner discloses that she has not appeared for all the papers for which she would have had to appear if WPC No.251/2012 18 she had undergone the three year course of study. The files also disclose that it was only when other students who had joined the BCA course in the third year under the Distance Education Programme of the Manonmaniam Sundaranar University, applied for recognition of their degree that the Mahatma Gandhi University came to realise that students who have undergone the course for one year and have appeared only for the third year examination are also awarded the Degree of Bachelor of Computer Applications under the Distance Education Programme along with those who have undergone the three year course under the same scheme. The Mahatma Gandhi University therefore referred the issue to the Dean of Faculty of Technology and Applied Sciences and based on his report decided to reject the request for recognition of the BCA degree course (Distance Education) conducted by the Manonmaniam Sundaranar university, completed in one sitting. 12. In my opinion, on the terms of the University order dated 25.2.2005 extracted above, which in turn was issued based on the letter dated 1.4.2004 sent by the Registrar of Manonmaniam Sundaranar University seeking recognition for the BCA course, the stand taken by the Mahatma Gandhi University in Ext.P4(b) order cannot be said to be arbitrary or illegal. The materials on record WPC No.251/2012 19 disclose that the course of the kind undergone by the petitioner was never recognised by the Mahatma Gandhi University as equivalent to the BCA course conducted by it. The petitioner cannot therefore be heard to contend that any de-recognition of the BCA degree awarded by the Manonmaniam Sundaranar University under the Distance Education Programme cannot affect students like her who have already undergone the course and have been awarded the BCA degree by the Manonmaniam Sundaranar University. The principles laid down by this Court in **Bobby Cyriac v. Principal** (1991 (2) KLT 612) cannot in my opinion have any application to the case on hand. On the materials available, it cannot be said that the Mahatma Gandhi University had held out to students like the petitioner who underwent BCA degree course after joining the final year of the course, that they are governed by the University order dated 25.2.2005. For the reasons stated above, I hold that the challenge to the Exts.P4(a) memo and Ext.P4(b) order is without any merit. The writ petition fails and is accordingly dismissed. No costs. ## **P.N.RAVINDRAN, (JUDGE)** vps WPC No.251/2012 20 WPC No.251/2012 21 WPC No.251/2012 22 WPC No.251/2012 23