IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
TUESDAY, THE 26TH DAY OF AUGUST 2014/4TH BHADRA, 1936
WP(C).No. 14940 of 2014 (N)
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PETITIONER :
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P.M. ANIL PRINCIPAL GOVERNMENT HIGHER SECONDARY SCHOOL IRUMBUZHI IRUMBUZHI P.O, MALAPPURAM DISTRICT.
BY DR.GEORGE ABRAHAM
RESPONDENTS :
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1. UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR CALICUT UNIVERSITY PO MALAPPURAM DISTRICT.
2. ACADEMIC COUNCIL OF THE UNIVERSITY OF CALICUT REP.BY ITS CHAIRMAN, VICE CHANCELLOR CALICUT UNIVERSITY PO MALAPPURAM DISTRICT.
3. THE VICE CHANCELLOR UNIVERSITY OF CALICUT CALICUT UNIVERSITY PO MALAPPURAM DISTRICT.
4. THE DIRECTOR OF RESEARCH UNIVERSITY OF CALICUT CALICUT UNIVERSITY PO MALAPPURAM DISTRICT.
R1 -R 4 BY ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-08-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14940 of 2014 (N) ----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 - TRUE COPY OF THE DEGREE CERTIFICATE OF M.PHIL OF THE PETITIONER
EXT.P2 - TRUE COPY OF THE APPLICATION FOR REGISTRATION FOR PH.D PROGRAMME ALONG WITH RECOMMENDATION OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION
EXT.P3 - TRUE COPY OF THE RULES AND REGULATIONS OF UNIVERSITY OF CALICUT FOR RESEARCH LEADING TO PH.D. ALONG WITH THE IMPLEMENTATION ORDER DATED 20-8-2012
EXT.P4 - TRUE COPY OF THE STATEMENT OF MARKS IN M.PHIL DEGREE OF THE PETITIONER
EXT.P5 - TRUE COPY OF THE PETITIONER'S JOINING REPORT ISSUED BY THE CHAIRMAN RESEARCH ADMISSION COMMITTEE DATED 26-4-2013
EXT.P6 - TRUE COPY OF THE ADMISSION STATEMENT OF THE RESEARCH ADMISSION COMMITTEE
EXT.P7 - TRUE COPY OF THE RECEIPT FOR FEE AS WELL AS WELL THE FEE FOR EXEMPTION FROM COURSE WORK REMITTED BY PETITIONER
EXT.P8 - TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 17-5-2013
EXT.P9- TRUE COPY OF THE COMMUNICATION DATED 14-10-2013 ISSUED BY THE UNIVERSITY GRANTS COMMISSION
EXT.P10 - TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY GRANTS COMMISSION DATED 5-5-2004
EXT.P11 - TRUE COPY OF THE JUDGMENT IN WPC 21800/2013
EXT.P12 - TRUE COPY OF THE ORDER OF THE UNIVERSITY OF CALICUT DATED 7-5-2014
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P.A TO JUDGE
AV
## **K.SURENDRA MOHAN, J.**
**------------------------------------** W.P.(C) No.14940 of 2014 **-----------------------------------** Dated this the 26[th] day of August, 2014
## **J U D G M E N T**
The petitioner is the Principal of Government Higher Secondary School, Irumbuzhi in Malappuram District. He submitted Ext.P2 application for registering himself for the Ph.D programme conducted by the 1[st] respondent University. The Research Admission Committee as per Ext.P5 proceedings accepted his application and admitted him to the Research Centre in Commerce, St.Joseph's College, Irinjalakuda on 26.04.2013. However, by Ext.P8 the petitioner's application was rejected by the University on the ground that, his M.Phil Degree in Commerce obtained from the Madurai Kamaraj University under the Distance Education Programme was not recognised as equivalent to the M.Phil Degrees offered by the University. Therefore, he was directed to produce an equivalency certificate.
2. The petitioner had challenged Ext.P8 in W.P.(C). No.21800/2013. This Court considered the matter and by Ext.P11 judgment dated 14.02.2014 directed the University to reconsider the entire issue. Accordingly, the matter has been reconsidered and by Ext.P12 proceedings, the application of the petitioner has been rejected again. The petitioner has been directed to submit a fresh application on the strength of his M.Com Degree in Commerce which has been awarded by the University itself and to appear for
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the entrance examination and course work, that form a part of the programme. The petitioner has filed this writ petition challenging Ext.P12.
3. According to Dr.George Abraham who appears for the petitioner, Ext.P12 is unsustainable and liable to be set aside. This is for the reason that, the same has been issued in violation of the rules and regulations that govern the Ph.D programme. Ext.P3 is a copy thereof. My attention is drawn to Clause 1 which deals with the eligibility for being admitted to the Ph.D programme. He submits that, the said provision specifically stipulates that a Post Graduate Degree with at least 50% marks or equivalent Grade Point Average of the 1[st] respondent University or an equivalent Degree recognised by the Calicut University is an essential qualification for a candidate to be eligible for registration under the Ph.D programme. In sharp contrast to the above Clause it is pointed out that in Clause 2 that deals with the entrance test, what is stipulated is possession of only an M.Phil Degree successfully completed from any statutory recognised University in the relevant subject. According to the learned counsel for the petitioner, the expression “Statutory Recognised University” only means any recognised University within the country. Madurai Kamaraj University, being reputed University, is a University that comes within the scope of the said expression. Therefore, it is contended that the petitioner is entitled to exemption from the requirement of appearing for an
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entrance examination as well as doing the course work as stipulated by the Rules. Reliance is placed on a Division Bench decision of this Court in _**State of Kerala and Others v. Thulasibai and Others [2011(3) KHC 65]**_ and a Single Bench decision in _**Mani.M.P. v. Tirur Urban Co-operative Bank Ltd. And Others [2013 KHC 2743]**_ .
4. Adv.Sri.Santhosh Mathew appears for the respondents. A statement has been filed disputing the contentions of the petitioner. According to the statement, the M.Phil Degree in Commerce from Madurai Kamraj University under the Distance Education (correspondence programme) has not been recognised by the University of Calicut. However, the regular M.Phil programme of the University has been recognised. According to the University, it is mandatory that a Degree from other Universities should have the recognition of the University, for the purpose of higher studies. Therefore, the petitioner is not entitled to be admitted to the Ph.D Course on the strength of his M.Phil Degree. He would be entitled to such admission, only on the strength of his M.Com Degree, since his M.Phil Degree is not recognised. He is also not entitled to claim exemption from appearing for the entrance examination and doing the course work.
5. Heard. Clause 2.3.3 of Ext.P3 reads as follows :
“M.Phil. Degree successfully, completed from any Staturoy Recognized University in the relevant subject. “
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The above Clause only stipulates that candidate should successfully complete the M.Phil Degree from any statutory recognised University in the relevant subject. The petitioner has an M.Phil Degree obtained under the Distance Education Programme from the Madurai Kamaraj University. The Madurai Kamaraj University is admittedly a University recognised by the 1[st] respondent. It is stated in the statement filed, that the regular M.Phil Programme of the Madurai Kamaraj University is recognised by the University. The question as to whether a Degree obtained under the Distance Education Programme could be treated on par with a Degree obtained under a regular Course of study was considered by a Division Bench of this Court in _**State of Kerala and Others v. Thulasibai and Others**_ (supra) in the context of a claim for being appointed to the post of Joint Chemical Examiner where the educational qualification prescribed was a Masters Degree from a recognised University. This Court has held in paragraph 3 of the said judgment as follows :
“Ext.P4 order dated 17/07/1965 issued by the first respondent would show that other degrees and diplomas awarded by the statutory universities established by the Central or State legislature or by other institutions of higher learning recognized as universities by the Central Universities Grants Commission should be recognised. There is no case for the respondents that Madurai Kamaraj University is not recognized by the Central Universities Grants Commission.”
The above dictum relates specifically to the Madurai Kamaraj University. A similar view has been taken by a Single Bench of this Court in the decision _**Mani M.P. v. Tirur Urban Co-operative**_
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_**Bank Ltd. And Others** (supra)_ . The question in the said case was whether an equivalency certificate insisted upon with respect to a Degree obtained through a Distance Education Programme was necessary for the grant of promotion. This Court has held in paragraph 7 of the judgment as follows :
The Distance Educational Programme of the Tamil Nadu Open University is approved by the Distance Education Council of Indira Gandhi National Open University as evident from Ext.P12 dated 08/04/2008. Such being the situation, there cannot be any dispute that the Tamil Nadu Open University is a recognised university.
In view of the above dicta laid down by this Court, it has to be held that, the M.Phil Degree obtained by the petitioner from the Madurai Kamaraj University is an M.Phil Degree, successfully completed from a statutory recognised University in the relevant subject. It is also worth noticing in this context that the University Grants Commission has, by Ext.P9 directed all Universities in the country to treat Degrees awarded under the Distance Education Programme as equivalent to Degrees awarded after a regular course of study.
6. The other question that requires consideration is whether the petitioner is entitled to claim exemption from the Course work which is part of the Ph.D. Course. Clause 7.14 that reads as follows :
“The candidates who have done M.Phil from any Statutory University and having been done a course on Research Methodology during the course, shall be be exempted from the course work.”
The above Clause shows that, candidates who have done M.Phil from any statutory University and having done a course on Research
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Methodology during the Course shall be exempted from the Course work. The above clause does not confer any discretion on the authority, in view of the word 'shall' that has been used. Therefore, what requires to be examined is whether the petitioner's M.Phil Degree contained a Course in Research Methodology. Ext.P4 is the petitioner's statement of marks where, under the subject code C 11, the subject, Research Methodology having a total marks of 100 was part of the Course of study. He has scored 66 marks in the said subject. I have already found that the petitioner's Degree is from a statutory recognised University. It therefore follows that the petitioner is entitled to exemption from the Course work as stipulated by Clause 7.14 of the Ext.P3.
In view of the above, this writ petition is allowed. Ext.P12 is set aside. The 3[rd] respondent is directed to accept Ext.P2 application of the petitioner and to issue necessary proceedings to regularise the registration of the petitioner. Necessary proceedings in this regard shall be issued to the petitioner as expeditiously as possible and at any rate within a period of six weeks of the date of receipt of a copy of this judgment.
Sd/- **K.SURENDRA MOHAN, JUDGE.**
AV
