(2012) 253 KLR 754 

IN THE HIGH COURT OF KERALA AT ERNAKULAM 

PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN 

FRIDAY, THE 25TH DAY OF MAY 2012/4TH JYAISHTA 1934 

WP(C).No. 22137 of 2011 (N) 

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PETITIONER(S): 

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ABHILASH.C.V,AGED 28 YEARS,S/O VELAPPAN, RESIDINGAT AT CHETTEZHATHU HOUSE,KUMBALAM ERNAKULAM DISTRICT,COCHIN-682506. 

BY ADV. SRI.BASIL ATTIPETY 

RESPONDENT(S): 

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1. MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS.P.O,KOTTAYAM-686560,REPRESENTED BY ITS REGISTRAR. 

2. CONTROLLER OF EXAMINATIONS,MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS.P.O KOTTAYAM-686560. 

3. VICE-CHANCELLOR AND CHAIRMAN OF THE SYNDICATE AND ACADEMIC COUNCIL,MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS.P.O,KOTTAYAM PIN-686560. 

4. THE PRINCIPAL,MAHATMA GANDI UNIVERSITY, COLLEGE OF TEACHER EDUCATION(B.ED.CENTRE) VAIKOM.P.O,KOTTAYAM DISTRICT,PIN:655141. 

BY SRI. T.A. SHAJI, SC, M.G.UNIVERSITY 

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22137 of 2011 (N) 

APPENDIX: 

PETITIONER'S EXHIBITS: 

• EXT.P1: TRUE COPY OF THE B.SC ORIGINAL DEGREE CERTIFICATE BEARING NO. 26213 ISSUED ON 02.07.2005 BY THE RESPONDENT UNIVERSITY TO THE PETITIONER. 
• EXT.P2: TRUE COPY OF THE M.Sc(BOTANY) DEGREE CERTIFICATE BEARING No.4375, JANUARY 2009, ISSUED ON 26.04.2011 ISSUED BY THE RESPONDENT UNIVERSITY TO THE PETITIONER. 
• EXT.P3: TURE COPY OF THE B.Ed. ADMISSION NOTIFICATION NO.2259/3/II/SF-III DATED 24.06.2011 ISSUED BY THE RESPONDENT UNIVERSITY. 
• EXT.P4: TRUE COPY OF THE FILLED IN APPLICATION FORM, ALONG WITH ALL DEGREE CERTIFICATES AND MARK-LISTS SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. 
• EXT.P5: TRUE COPY OF THE LETTER DT. 25.07.2011, RECEIVED BY THE PETITIONER FROM THE 4TH RESPONDENT. 

RESPONDENTS' EXHIBITS: 

• NIL. 

TRUE COPY P.A.TO JUDGE. KP 

P.N.RAVINDRAN, J. 

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WP(C)No.22137 of 2011 

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Dated this the 25th day of May, 2012 

Head Note:-

University - B.Ed.degree course - Petitioner who possess B.Sc degree in Botany and M.Sc in Botany awarded by the Mahatma Gandhi University applied for admission to the B.Ed.degree course - His application has been rejected as he did not secure the minimum of 35 marks required for a pass in the practical examination - Held, the University which awarded a post graduate degree to the petitioner in the very same subject after permitting him to appear for the post graduate degree examination on the basis that he has passed the Bsc degree examination in Botany is estopped from concluding that he has not passed the B.Sc degree examination in Botany. The stand taken by the University that he has not passed the B.Sc degree examination cannot be sustained.

J U D G M E N T 

The petitioner who possess B.Sc degree in Botany and M.Sc in Botany awarded by the Mahatma Gandhi University applied for admission to the B.Ed.degree course pursuant to Ext.P3 admission notification to the Principal, Mahatma Gandhi University College of Teacher Education, Vaikom for the year 2011-12. By Ext.P5 letter dated 25.7.2011, the Principal of the institution informed the petitioner that his application has been rejected as the mark list produced by him did not show the minimum marks required for qualifying in the practical examination in Part III, held in March 2004. Hence this writ petition seeking the following reliefs: 

(a) Call for the records leading to Ext.P5 letter and quash the same, by issuance of a Writ of Certiorari or any other appropriate Writ, Order or Direction: 

(b) Issue a Writ of Mandamus, or any other appropriate Writ, Order or Direction, directing 2nd respondent, Controller of Examinations, to verify the accuracy of the Ext.P4 mark list, Practical-II Examination of Part-III core subject Botany, Model-II, B.Sc.(vocational), March 2004, with the marks supplied by the Practical Examiner as well as the Registry, and issue fresh mark list to the petitioner forthwith showing at least 35 minimum marks instead of 34 marks. 

(c) Declare that the petitioner is fully entitled to be eligible to apply against Ext.P3 admission notification. 

(d) Direct the 4th respondent to reserve one seat for B.Ed. Course(Natural Science) to the petitioner. 

(e) To grant such other appropriate reliefs to the petitioner as this honourable Court may deem fit and proper in the interest of justice. 

2. The instant writ petition was filed on 12.8.2011. Admissions to the course were made and completed and the course is about to come to an end. In such circumstances, I am of the opinion that the petitioner cannot now be given admission even if the stand taken in Ext.P5 is held to be illegal. 

3. When the writ petition came up for hearing today, Sri.T.A.Shaji, learned standing counsel appearing for Mahatma Gandhi University, submitted that though it is not so stated in Ext.P5, the real reason which led to the rejection of the petitioner's application was that in the 6th semester examination held in March 2004, the petitioner did not secure the minimum of 35 marks required for a pass in the practical examination. Referring to the mark list produced by the petitioner at page 12 of Ext.P4, it is stated that the petitioner secured only 34 marks as against the minimum requirement of 35 marks and therefore the petitioner did pass the 6th semester B.SC degree examination held in March 2004. It is not in dispute that after the petitioner underwent the BSc.degree course, Ext.P1 degree certificate was issued by the Mahatma Gandhi University to the effect that he has passed the B.Sc degree examination. He thereafter joined the M.Sc degree course in Botany in St.Alberts College, Ernakulam affiliated to the Mahatma Gandhi University and completed the course and passed the M.Sc degree examination in the first class. He was thereafter awarded M.Sc degree in Botany as can be seen from Ext.P2. In such circumstances, in the light of the principles laid down by the Apex Court in Sanatan Gauda v. Berhampur University and Others (AIR 1990 SC 1075), the University which awarded a post graduate degree to the petitioner in the very same subject after permitting him to appear for the post graduate degree examination on the basis that he has passed the Bsc degree examination in Botany is estopped from concluding that he has not passed the B.Sc degree examination in Botany. I accordingly hold that the stand taken by the University that he has not passed the B.Sc degree examination cannot be sustained. Necessarily therefore it has to be held that he will be entitled to apply for admission to the B.Ed degree course in the ensuing year and in the event of the petitioner applying for the B.Ed degree course or for any other course, the Mahatma Gandhi University shall not reject his application on the ground that he has not passed the B.Sc degree examination in Botany. 

Sd/- P.N.RAVINDRAN, JUDGE. 

Rkc // true copy// PA to Judge