Anandakrishna Dayal.K vs The Kerala University Of ...
2021 Latest Caselaw 11758 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.9697 OF 2021(J)


PETITIONER:

               ANANDAKRISHNA DAYAL.K
               AGED 23 YEARS
               S/O K.B. DAYAL, KANDATHIL HOUSE,
               PARAYAKAD P.O. CHERTHALA-688 540.

               BY ADV. SMT.P.USHAKUMARI

RESPONDENTS:

      1        THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES
               PANANGAD P.O., KOCHI-682 506,
               REPRESENTED BY THE REGISTRAR.

      2        THE REGISTRAR,
               KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES,
               PANANGAD P.O., KOCHI-682 506.

      3        THE CONTROLLER OF EXAMINATIONS,
               KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES,
               PANANGAD P.O., KOCHI, 682 506.

               ADV.VIPINDAS T K, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9697 OF 2021

                                         2


                                 JUDGMENT

Dated this the 9th day of April 2021

This writ petition is filed seeking the following reliefs :-

"a) Direct the respondents to issue the Original MBA Certificate to the petitioner specifying the Main Subject viz., Finance and Marketing and untrammeled by Exhibit.P2 Ordinance issued by the Government, since it was in no way applicable to the petitioner, as he was issued the provisional Certificate before the issuance of the Ordinance;

b) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to state anything else with regard to the amendment by Ext.P2 Ordinance in the Original MBA Certificate being issued to the petitioner.

c) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to include the specialization of main subjects taken by the petitioner in his Original MBA Certificate, forthwith"

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner that the

petitioner was a student of the MBA degree conducted by the 1 st

respondent-University in the 2018-2020 batch. It is stated that Ext.P1

provisional degree certificate has also been issued to the petitioner. It

is submitted that Ext.P2 ordinance has been issued on 25.02.2021 after

the petitioner has completed his course and that the petitioner WP(C).No.9697 OF 2021

apprehends that the provisions of Ext.P2 ordinance will be

incorporated in the degree to be awarded to the petitioner as well. It is

submitted that the petitioner along with other students have

approached the 2nd respondent with Ext.P5 representation and the

same may be directed to be considered, at the earliest, at any rate,

before convocation is conducted.

4. Having heard the learned standing counsel also, there will be a

direction to the 2nd respondent to take up, consider and pass orders on

Ext.P5 representation preferred by the petitioner and other students,

after putting the petitioner on notice and after hearing their

representative, at the earliest, at any rate, within a period of four

weeks from the date of receipt of a copy of this judgment. The degree

certificate, if any, issued to the petitioner and the other complainants

in Ext.P5 will be subject to the orders to be passed by the 2 nd

respondent on Ext.P5.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.9697 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOGRAPH OF THE PROVISIONAL CERTIFICATE DATED 24.11.2020 ISSUED TO THE PETITIONER BY THE RESPONDENTS

EXHIBIT P2 PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE ORDINANCE WITH COVERING LETTER DATED 25.2.2021 NO 11407/FEG.11/2020/LAW

EXHIBIT P3 PHOTOSTAT COPY OF THE MBA CERTIFICATE DATED 6.2.2020 ISSUED BY THE RESPONDENTS

EXHIBIT P4 PHOTOSTAT COPY OF THE MBA CERTIFICATE DATED 13.2.2019 ISSUED BY THE UNIVERSITY OF CALICUT TO ITS STUDENTS

EXHIBIT P5 PHOTOSTAT COPY OF THE REPRESENTATION DATED 29.3.2021 PERSONALLY SUBMITTED BY THE PETITIONER ALONG WITH OTHER STUDENTS BEFORE THE 2ND RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL