High Court of KeralaSingle Judge2021-03-24Disposal as specified: 8137/2016 allowed; 27292...

Salu Rajan v. Mahatma Gandhi University and Others

Case / Petition Number:WP(C).27292/2013(J) & WP(C).8137/2016

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Amit Rawal
Judgment Date: 2021-03-24
Court Decision / Holding: WP(C).8137/2016 is allowed and WP(C).27292/2013 is dismissed as infructuous. Ext.P9 quashed; the University is directed to issue an equivalency certificate for the B.Com (Bank Management) degree from the Institute of Distance Education as equivalent to the B.Com degree of the University, and to declare the result and graduation.
Final Disposition: Disposal as specified: 8137/2016 allowed; 27292/2013 infructuous; Ext.P9 quashed; direction to issue equivalency certificate and declare graduation.

Parties to the Case

Appellants / Petitioners

Salu Rajan

Respondents

Mahatma Gandhi University, Athirampuzha P.O., Kottayam represented by its Registrar
Vice Chancellor, Mahatma Gandhi University, Athirampuzha P.O., 686 562
Controller of Examinations, Mahatma Gandhi University, Athirampuzha P.O., 686 562
University Grants Commission, Bahadur Shah Zafar Marg, New Delhi-110 002, represented by its Director (Administration)
Sreenarayan Gurukulam College of Engineering, Kadyruppu P.O., Kolenchery, 682 311 represented by its Principal

Legal Representation & Advocates

Counsels for Petitioners

• Sri M.A. Abdul Hakhim
• Sri R. Rajesh (K)

Counsels for Respondents

• Sri Varughese M. Eas0, SC, M.G. University
• Sri S. Krishnamoorthy, CGC
• Sri T.A. Rajan
• Sri P. Babu Kumar
• Sri P. Yadhu Kumar
• Sri A. S. Cherian, SC, M.G. University
• GP Sri B. Harish Kumar
• Sri Sreenarayan Gurukulam College of Engineering (represented by its Principal)

Case Synopsis & Summary

This joint writ petition judgment of the Kerala High Court, delivered on 24 March 2021, concerns Salu Rajan’s challenge to the recognition/equivalency of a B.Com (Bank Management) degree obtained through the Institute of Distance Education, University of Madras. The petitioner sought (i) equivalency of his open-distance B.Com degree with traditional B.Com degrees and (ii) regularisation of admission to an MBA program in a college affiliated to Mahatma Gandhi University (MGU). WP(C).27292/2013(J) and WP(C).8137/2016 were heard together; Ext.P9, an order declining recognition, was challenged. The court traced the background: UGC issued Ext.P7 (14.10.2013) declaring Open and Distance Learning degrees equivalent to traditional degrees, which should have obviated the need for separate recognitions, while the petitioner’s provisional and final examinations were conducted under interim orders that permitted registration. The respondent university relied on the Supreme Court precedent in Prof. Yashpal regarding non-recognition of certain distance-education campus degrees, requesting dismissal of the petition. The court held that though the Yashpal ratio applies generally, a bonafide interim arrangement and the petitioner’s completion of the course justify carving out an exception. Ext.P9 was quashed, and the university was directed to issue an equivalency certificate for the B.Com (Bank Management) degree and declare graduation. The court disposed of WP(C).8137/2016 in the petitioner’s favor, and WP(C).27292/2013 was dismissed as infructuous.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the B.Com (Bank Management) degree conferred by the Institute of Distance Education, University of Madras, should be treated as equivalent to traditional B.Com degrees, in light of the UGC letter Ext.P7 (14.10.2013). He seeks regularisation of his MBA admission and a declaration of equivalence/degree recognition, relying on bonafide expectations and interim orders permitting exam participation.

Contentions of Respondents

Respondents argue that even completed degrees from Open and Distance Learning setups outside the parent university footprint do not automatically confer recognition; the open-distance degrees were not to be treated as equivalent in routine circumstances, citing Prof. Yashpal v. State of Chhattisgarh (2005 SCC 420). They contend the relief sought cannot be granted and emphasize that interim protections do not create a statutory or institutional right to recognition.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Rajendra Prasad Mathur v. Karnataka University	1986 Supp SCC 740	Positive	Cited to protect admissions of innocent candidates and support relief for bonafide students.
Prof. Yashpal and Another v. State of Chattisgarh and Others	2005 (5) SCC 420	Distinguished	Ratio that open-distance degrees from campuses outside the parent university are not recognized was distinguished; an exception was carved out due to interim orders in this case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943** ## **WP(C).No.27292 OF 2013(J)** ## **NAME AND ADDRESS OF THE PETITIONER:** **SALU RAJAN AGED 21 YEARS, D/O. C.L.RAJAN, CHOWALLOOR HOUSE, THAIKKAD P.O., GURUVAYOOR.** **BY ADV. SRI.M.A.ABDUL HAKHIM** ## **NAME AND ADDRESS OF THE RESPONDENTS:** - **1 MAHATMA GANDHI UNIVERSITY ATHIRAMPUZHA P.O., KOTTAYAM, REPRESENTED BY ITS REGISTRAR, PIN-686 562.** - **2 VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., PIN-686 562.** - **3 CONTROLLER OF EXAMINATIONS MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., PIN-686 562.** - **4 UNIVERSITY GRANTS COMMISSION BAHADURSHA ZAFAR MARG, NEW DELHI-110 002, REPRESENTED BY ITS DIRECTOR. (ADMINISTRATION)** - **5 SREENARAYANA GURUKULAM COLLEGE OF ENGINEERING KADYIRUPPU P.O., KOLENCHERY, PIN-682 311, REPRESENTED BY ITS PRINCIPAL.** - **BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY BY ADV. SRI.P.BABU KUMAR BY ADV. SRI.S.KRISHNAMOORTHY CGC BY DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY BY ADV. SRI.P.YADHU KUMAR BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY BY ADV. SRI.S.KRISHNAMOORTHY, CGC** **GP SRI B HARISH KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2021, ALONG WITH WP(C).8137/2016(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.27292/2013(J)& 8137/2016** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943** ## **WP(C).No.8137 OF 2016** ## **NAME AND ADDRESS OF THE PETITIONER:** **SALU RAJAN AGED 23 YEARS, D/O. C.L.RAJAN, CHOWALLOOR HOUSE, THAIKKAD, P.O.GURUVAYOOR. BY ADVS. SRI.M.A.ABDUL HAKHIM SRI.R.RAJESH (K)** ## **NAME AND ADDRESS OF THE RESPONDENTS:** |**1**|**MAHATMA GANDHI UNIVERSITY**| |---|---| ||**ATHIRAMPUZHA P.O – PIN-686 562,**| ||**KOTTAYAM REPRESENTED BY ITS REGISTRAR.**| |**2**|**VICE CHANCELLOR**| ||**MAHATMA GANDHI UNIVERSITY,**| ||**ATHIRAMPUZHA P.O - 686 562.**| |**3**|**CONTROLLER OF EXAMINATIONS**| ||**MAHATMA GANDHI UNIVERSITY,**| ||**ATHIRAMPUZHA P.O - 686 562.**| |**4**|**UNIVERSITY GRANTS COMMISSION**| ||**BAHADURSHA ZAFAR MAG, NEW DELHI - 110 002,**| ||**REPRESENTED BY ITS DIRECTOR ( ADMINISTRATION).**| |**5**|**UNIVERSITY OF MADRAS**| ||**CHEPAUK,**| ||**CHENNAI,**| ||**TAMILNADU - 600 005.**| ## **WP(C).Nos.27292/2013(J)& 8137/2016** **3** **6 SREENARAYANA GURUKULAM COLLEE OF ENGINEERING KADYIRUPPU P.O., KOLANCHERY - 682 311, REPRESENTED BY ITS PRINCIPAL.** **BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY BY ADV. SRI.S.KRISHNAMOORTHY CGC BY ADV. SRI.T.A.RAJAN BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY BY ADV. SRI.S.KRISHNAMOORTHY, CGC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2021, ALONG WITH WP(C).27292/2013(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **4** ## **WP(C).Nos.27292/2013(J)& 8137/2016** ## **JUDGMENT** [ WP(C).27292/2013, WP(C).8137/2016 ] ## **Dated this the 24th day of March 2021** This Court shall dispose of two writ petitions, filed by the petitioner, W.P.(C).No.27292 of 2013 and W.P.(C).No.8137 of 2016 (hereinafter called first and second writ petition respectively). In the first writ petition, the prayer has been sought for declaring Degree of B.com (Bank Management) awarded to the petitioner from the Institute of Distance Education, University of Madras equivalent to Degree of B.com awarded by the Traditional Universities in the country in view of University Grants Commission letter dated 14.10.2013 (Ext.P7) with a further prayer to direct respondents 1 and 2 to regularise the admission of the petitioner to MBA course in the 5th respondent – College and declare 1[st] and 2[nd] semester. 2. During the pendency of the first writ petition, the second writ petition has been filed challenging the order Ext.P9 dated 12.02.2016 whereby equivalency or the degree has sought for the petitioner was declined on various grounds; thus both are decided together. ## **WP(C).Nos.27292/2013(J)& 8137/2016** **5** 3. Petitioner joined the MBA course after obtaining Degree of B.com (Bank Management) from the Institute of Distance Education, University of Madras as evidenced from provisional Degree Certificate dated 24.09.2012. The aforementioned degree course had not been recognised by the 1[st] respondent, Mahatma Gandhi University. It is in that background an application for issuance of an equivalency certificate in November 2012 along with syllabus attested by the Registrar, University of Madras, was submitted. When 1[st] semester MBA Examinations of the petitioner was scheduled to start, the 6[th] respondent issued a Memo dated 8.2.2013 ,whereby, her registration for MBA Programme for the Academic year 2012-13, was cancelled, on the ground that eligibility certificate of the qualifying examination was not produced. Since there was a delay in disposing of Ext.P2 application for recognition, petitioner approached this Court vide W.P.(C).No.4922 of 2013. This Court vide interim order dated 20.02.2013, directed to be register the name of petitioner provisionally in the 1[st] semester MBA examination **WP(C).Nos.27292/2013(J)& 8137/2016** ## **6** and by another interim order dated 12.03.2013, permitted the petitioner to participate the examination. For examination of the 2[nd] semester also, he approached this court and was also permitted as evident from orders Exts.P4, P5 and P6 respectively ( in W.P.(c) No.27292 of 2013) but the results of 1[st] and 2[nd] semester were withheld. University Grants Commission, 4[th] respondent issued an order dated 14.10.2013 (Ext.P7) to all the Universities in India directing to treat Degrees awarded by Open and Distance Learning Institutions equilvalent to the corresponding degrees awarded by Traditional Universities/Institutions in the country. In view of the aforementioned order, the application for recognition of course was not required for regularization of the admission of the petitioner. Petitioner submitted an application dated 30.10.2013 (Ext.P8) to the 2[nd] respondent, Vice Chancellor of Mahatma Gandhi University for regularisation of her admission to MBA for the academic year 2012-2013, but since no action was taken the present writ petition has been filed. 4. Learned counsel for the petitioner submitted that ## **WP(C).Nos.27292/2013(J)& 8137/2016** **7** W.P.(C).No.27292 of 2013 has been rendered infructuous in view of the fact that the decision has been taken during the pendency of the 2[nd] writ petition. The aforementioned decision Ext.P9 dated 12.12.2016 (in W.P.(C) No.8137 of 2016) is not sustainable. No specific reasons have come forth rejecting the case of the petitioner rather the petitioner was bonafide expecting that her degree of B.com by same Institute of Distance Education, University of Madras would be recognised by the 1[st] respondent. The Supreme Court in _**Rajendra Prasad Mathur v. Karnataka University, 1986 Supp SCC 740**_ protected the admission of the innocent candidates. Another student by name Namitha who studied MBA in the 6[th] respondent also faced with the same problem as she was having B.com (Computer Applications) Degree course awarded from the Institute of Distance Education, university of Madras. Her application for recognition of B.com (computer Application) was allowed by the 1[st] respondent that too even before the conduct of her 1[st] semester examination. 5. Learned counsel for the respondent submitted that ## **WP(C).Nos.27292/2013(J)& 8137/2016** **8** even if, the petitioner had completed the courses and attended all the semester examination with the _bonafide_ and legitimate expectation, the same would not confer on her any right for seeking recognition of the Degree as sought for and urged this Court for dismissal of the writ petition. 6. I have heard the learned counsel for the parties and appraised the paper book. Since in another writ petition this Court already held that the degrees obtained by the candidates under the Open and Distance Learning Institutions from a campus not situated within the territory of University as not recognised in view of the ratio decidendi in _**Prof.Yashpal and Another v. State of Chattisgarh and Others [2005 (5) SCC 420]**_ but exception can be carved out in the present case, owing to the interim order, particularly the petitioner has already completed the course and attended all the semester examination. By treating this case as not to be precedent, I allow the writ petition by quashing Ext.P9 and direct the respondent, University to issue the equivalency certificate of B.com (Bank ## **WP(C).Nos.27292/2013(J)& 8137/2016** **==> picture [8 x 9] intentionally omitted <==** Management) degree course obtained from the Institute of Distance Education equivalent to the B.com (Bank Management) degree course of 1[st] respondent and declare the result and certificate of graduation. W.P.(C).No.8137 of 2016 is allowed and W.P(C).No.27292 of 2013 is dismissed as infructuous. **Sd/AMIT RAWAL JUDGE** nak ## **WP(C).Nos.27292/2013(J)& 8137/2016** ## **10** ## **APPENDIX OF WP(C) 27292/2013** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 P1 : COPY OF THE PROVISIONAL DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OF MADRAS, DTD.24.9.2012.** **EXHIBIT P2 P2 : COPY OF THE APPLICATION FOR RECOGNITION OF COURSE SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT, DATED NIL.** **EXHIBIT P3 P3 : COPY OF THE MEMO ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER, DTD.8.2.2013.** - **EXHIBIT P4 P4 : COPY OF THE INTERIM ORDER DTD.12.3.2013 IN WPC NO.4922/2013.** **EXHIBIT P5 P5 : COPY OF THE INTERIM ORDER DTD.12.3.2013 IN WPC NO.4922/2013.** **EXHIBIT P6 P6 : COPY OF THE INTERIM ORDER DTD.7.8.2013 IN IA NO.10682/2013 IN WPC NO.4922/2013.** - **EXHIBIT P7 P7 : COPY OF THE ORDER DTD.14.10.2013 ISSUED BY THE 4TH RESPONDENT.** **EXHIBIT P8 P8 : COPY OF THE REPRESENTATION DTD.30.10.2013 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R4A TRUE COPY OF THE LETTER NO.DEC/MU/TN/2005 DATED 15.09.2008 EXHIBIT R4B TRUE COPY OF THE LETTER NO.DEC/UNIV/STATE/07/5637 DATED 3.08.2007 EXHIBIT R4C TRUE COPY OF THE LETTER NO.DEC/2009/4900 DATED 17.12.2009 EXHIBIT R4D TRUE COPY OF THE LETTER NO.DEC/2010/7105** ## **WP(C).Nos.27292/2013(J)& 8137/2016** **11** **DATED 29.03.2010 EXHIBIT R4E TRUE COPY OF THE DEC NOTIFICATION NO.DEC/NOTIFICATION/40.4/2012 DATED 01.11.2012 EXHIBIT R4F TRUE COPY OF THE NOTIFICATION/PUBLIC NOTICE NO.F.27-1/2012(CPP-11) DATED 27TH JUNE 2013 EXHIBIT R4G TRUE COPY OF THE UGC LETTER F.NO.UGC/DEB/2013 DATED 14.10.13** **12** ## **WP(C).Nos.27292/2013(J)& 8137/2016** ## **APPENDIX OF WP(C) 8137/2016** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **P1 - PHOTOSTAT COPY OF THE PROVISIONAL DEGREE CERTIFICATE ISSUED BY THE 5TH RESPONDENT DT. 24.9.2012.** **EXHIBIT P2 P2 - A PHOTOSTAT COPY OF THE STATEMENT OF MARKS ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DT. 10.8.2012.** **EXHIBIT P3 P3 - A PHOTOSTAT COPY OF THE COURSE COMPLETITION CERTIFICATE ISSUED BY THE 5TH RESPONDENT DT. 02.8.2012.** **EXHIBIT P4 P4 - A PHOTOSTAT COPY OF THE APPLICATION FOR RECOGNITION OF COURSE SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED NIL.** **EXHIBIT P5 P5 - A PHOTOSTAT COPY OF THE MEMO ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DT. 07.8.2013. EXHIBIT P6 P6 - A PHOTOSTAT COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DT. 14.10.2013. EXHIBIT P7 P7 - A PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 30.10.2013.** **EXHIBIT P8 P8 - A PHOTOSTAT COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO. 4922/2013 DT. 23.6.2015. EXHIBIT P9 P9 - A PHOTOSTAT COPY OF THE SAID ORDER PASSED BY THE 1ST RESPONDENT DT. 12.2.2016.**