IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 20416 OF 2022
PETITIONERS:
1 SUBIN JOSE M, AGED 30 YEARS
S/O JOSEPH M.A., MAMKOOTTATHIL (H), KAKKAD P.O.,
PUTHUPPADI, KOZHIKODE - 673586.
2 PRIYANKA RAJEEV, AGED 28 YEARS, D/O RAJEEV G.,
RAJEEV BHAVANAM, PUTHUPPALLIKKUNNAM, CHARUMMOOD P.O.,
ALAPPUZHA - 690505.
3 HARIPRIYA SADANANDAN, AGED 34 YEARS, D/O DILSHAD B.,
CHERUKUNNATHU (H), MEPRATHUPADY, VENGOLA P.O.,
PERUMBAVOOR - 683554.
4 HAREESH T., AGED 32 YEARS, S/O THANKAMMU, THAYYIL (H),
ARIYALLUR, MALAPPURAM - 676312.
K.S.ARUN KUMAR
RAJEE P MATHEWS
AMRUTHA P S
AMRUTHA K P
VIJAY SANKAR V.H.
SRUTHY UNNIKRISHNAN
AISWARYA E J VETTIKOMPIL
RESPONDENTS:
1 SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
KALADY 683574, REPRESENTED BY ITS REGISTRAR.
2 THE REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF
SANSKRIT, KALADY - 683574.
3 THE VICE CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF
SANSKRIT, KALADY - 683574.
SRI.DINESH MATHEW MURICKEN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20416 OF 2022
2
JUDGMENT
The petitioners are holders of Master Degree in various disciplines and they applied for admission to the course of Master of Social Worker (MSW) offered by the first respondent - University. They say that though they were initially offered admission, it was thereafter cancelled solely saying that only Bachelor Degree holders are eligible to be admitted and not Master Degree holders. The petitioners say that this is egregiously improper and contrary to every tenet of law; and therefore, prays that Ext.P1 notification, to the extent to which it discriminates against Master Degree holders, be set aside.
2. Smt.Aiswarya E.J.Vettikompil - learned counsel for the petitioners, submitted that her clients have already approached the third respondent - Vice Chancellor through Ext.P7 series of representations impelling the afore plea; and thus alternatively prayed that the same be directed to be disposed of by the said Authority without any further delay.
3. Sri.Dinesh Mathew J.Murikan - learned standing counsel for the University, submitted that counter pleadings have been filed by his client on record to the effect that the applicable Regulations relating to MSW course of the University inhibits WP(C) NO. 20416 OF 2022 3 admission to a person who has obtained a Master Degree to the said Programme. He, however, added that if this Court is only inclined to direct the third respondent to take up Exts.P7 series of representations and to dispose of the same in terms of law, he would not stand in the way of appropriate orders being issued; however, praying that this Court may not make any affirmative declarations as to the entitlement of the petitioners to any relief and leave it to the competent Authority to take a decision on it in terms of law. He explained that he is making this plea because the third respondent has already decided to revisit the Regulations appropriately, particularly because the inhibition contained therein appears to be slightly vague.
4. When I consider the afore submissions and go through the Regulations covering the MSW course (a copy of which has been handed across the Bar by the learned standing counsel for the University), it specifies that no person shall be eligible for admission to PG Programme if he/she is either currently in the roll for PG Programme, or has already attended such in the past. The petitioners are certainly not on the roll of any PG Programme as on today and the question whether they have already attended a PG Programme is vague, because it does not say that they must have qualified or otherwise, through such a WP(C) NO. 20416 OF 2022 4 course.
5. I am, therefore, of the firm view that the entire matter will require to be reconsidered by the third respondent, which I am certain he will do, taking note of the importance involved. This shall be done after hearing the petitioners, as also adverting to their specific contentions; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
6. Needless to say, until such time as the afore exercise is completed and the resultant order communicated to the petitioners, their admission presently offered to them shall not be cancelled.
This writ petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 20416 OF 2022 5 APPENDIX OF WP(C) 20416/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTIFICATION NO.
2246/ACD.B1/SSUS/2022 DATED 26.03.2022 OF THE RESPONDENT UNIVERSITY Exhibit P2 A TRUE COPY OF THE ONLINE APPLICATION OF THE 1ST PETITIONER WITH APPLICATION NO.
ADMPG2200599 Exhibit P2(A) A TRUE COPY OF THE ONLINE APPLICATION OF THE 2ND PETITIONER WITH APPLICATION NO.
ADMPG2200626 Exhibit P2(B) A TRUE COPY OF THE ONLINE APPLICATION OF THE 3RD PETITIONER WITH APPLICATION NO.
ADMPG2203190 Exhibit P2(C) A TRUE COPY OF THE ONLINE APPLICATION OF THE 4TH PETITIONER WITH APPLICATION NO.
ADMPG2204590 Exhibit P3 A TRUE COPY OF THE PROVISIONAL RANK LIST OF MSW ENTRANCE EXAMINATION DATED 28.5.2022 ISSUED BY THE RESPONDENT UNIVERSITY. Exhibit P4 A TRUE COPY OF THE INTERVIEW MEMO DATED 10.06.2022 RECEIVED TO THE 1ST PETITIONER FROM THE RESPONDENT UNIVERSITY Exhibit P4(A) A TRUE COPY OF THE INTERVIEW MEMO DATED 10.06.2022 RECEIVED TO THE 2ND PETITIONER FROM THE RESPONDENT UNIVERSITY Exhibit P4(B) A TRUE COPY OF THE INTERVIEW MEMO DATED 10.06.2022 RECEIVED TO THE 3RD PETITIONER FROM THE RESPONDENT UNIVERSITY Exhibit P4(C) A TRUE COPY OF THE INTERVIEW MEMO DATED 10.06.2022 RECEIVED TO THE 4TH PETITIONER FROM THE RESPONDENT UNIVERSITY WP(C) NO. 20416 OF 2022 6 Exhibit P5 A TRUE COPY OF THE CHALLAN/FEE RECEIPT OF THE 1ST PETITIONER Exhibit P5(A) A TRUE COPY OF THE CHALLAN/FEE RECEIPT OF THE 2ND PETITIONER Exhibit P5(B) A TRUE COPY OF THE CHALLAN/FEE RECEIPT OF THE 3RD PETITIONER Exhibit P5(C) A TRUE COPY OF THE CHALLAN/FEE RECEIPT OF THE 4TH PETITIONER Exhibit P6 A TRUE COPY OF THE LETTER ALONG WITH THE GUIDELINES BY THE SECRETARY OF UGC, DATED 13.04.2022 TO THE VICE CHANCELLORS OF ALL UNIVERSITIES Exhibit P7 A TRUE COPY OF THE REPRESENTATION OF THE 1ST PETITIONER DATED 17.6.2022 Exhibit P7(A) A TRUE COPY OF THE REPRESENTATION OF THE 2ND PETITIONER DATED 18.06.2022 Exhibit P7(B) A TRUE COPY OF THE REPRESENTATION OF THE 3RD PETITIONER DATED 16.06.2022 Exhibit P7(C) A TRUE COPY OF THE REPRESENTATION OF THE 4TH PETITIONER DATED 16.06.2022 RESPONDENTS' ANNEXURE:
ANNEXURE R1(A) TRUE COPY OF THE REGULATION FOR THE MSW PROGRAMMES UNDER CBCSS AND OBTLE SYSTEM EFFECTIVE FROM 2019 ADMISSION.