Navas Y vs The Vice Chancellor
2021 Latest Caselaw 3943 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       WP(C).No.6608 OF 2015(A)


PETITIONER:

               NAVAS Y.,
               S/O.YOOSUF, JANNATH MANZIL,
               PATTAMBI P.O., PALAKKAD DISTRICT.

               BY ADVS. SRI.BABU S. NAIR
                        SRI.K.RAKESH

RESPONDENTS:

      1        THE VICE CHANCELLOR,
               UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.,
               MALAPPURAM DISTRICT, PIN-673 635.

      2        THE REGISTRAR,
               UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.,
               MALAPPURAM DISTRICT, PIN-673 635.

      3        THE CONTROLLER OF THE EXAMINATION,
               UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.,
               MALAPPURAM DISTRICT, PIN-673 635.

      4        THE DIRECTOR,
               FAROOK INSTITUTE OF MANAGEMENT STUDIES,
               FAROOK COLLEGE P.O., KOZHIKODE.

*ADDL. R5      THE STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF HIGHER EDUCATION,
               GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN-695001
               (* IMPLEADED AS PER ORDER DATED 20.03.2015 IN
               I.A.NO.3753/15)

               BY SRI.SANTHOSH MATHEW,SC, UNIVERSITY OF CALICUT
               BY SRI B HARISH KUMAR, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6608 OF 2015              -2-




                              JUDGMENT

Dated this the 3rd day of February 2021

Long and short case of the petitioner in the present

writ petition is that he sought admission in the Master of

Business Administration (MBA), 2014. The last date for

submission of the application was 04.12.2014. Since he

did not have the degree but only holder of provisional

certificate of (Bachelor of Business Administration) BBA

and consolidated grade card was denied the admission

thus approached this Court for appropriate direction.

2. This Court vide order dated 02.03.2015 had

provisionally permitted the petitioner to appear for the 1 st

semester MBA examination subject to the result of the writ

petition and directed to approach Controller of

Examination for issuance of hall ticket. This court vide

order dated 23.11.2015 also directed the respondents to

permit the petitioner to appear for the 3 rd Semester MBA

examination provisionally subject to the result of the writ

petition.

3. The 5th respondent, State of Kerala, represented

by the Secretary to Government, contested in the counter

affidavit and stated that the petitioner did not pass the

BBA degree, which is the essential requirement for

seeking admission to the MBA. Thus, interim direction

granted by this Court for appearing the examination

subject to the outcome of the writ petition would not come

to the rescue of the petitioner in seeking his admission.

Regulation 2013-14 of admissions provides that the

candidate admitted to MBA program must obtain

qualifying degree mark list/provisional certificate/

confidential mark list latest at the date of closing of MBA

admission by the University. On failure to produce,

admission would be cancelled. Petitioner has not passed

the BBA degree and therefore, his admission cannot be

recognised.

4. There is no representation on behalf of the

petitioner; probably petitioner must have reconciled owing

to the stand of the respondents. No cause of action

survives in the writ petition.

Writ petition is dismissed, however, liberty is granted

in case some other point which has not been dealt with or

any grievance survives to revive the writ petition.

Sd/-

AMIT RAWAL JUDGE vv

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 EXT P1 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT, FAROOK INSTITUTE OF MANAGEMENT STUDIES, DATED 21-08-2014.

EXHIBIT P2 EXT P2 : TRUE COPY OF THE LIST OF STUDENTS APPLIED FOR EXAMINATION TO APPEAR FOR 1ST SEMESTER MBA EXAMINATION DATED 17-12-2014.

EXHIBIT P3 EXT P3 : TRUE COPY OF THE PROVISIONAL CERTIFICATE OF BBA ISSUED BY THE UNIVERSITY OF CALICUT DATED 13-02-2015.

EXHIBIT P4 EXT P4 : TRUE COPY OF THE CONSOLIDATED GRADE CARD ISSUED BY THE UNIVERSITY OF CALICUT, DATED 13-02-2015.

EXHIBIT P5 EXT P5 : TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 21-08-2014.

EXHIBIT P6 EXT P6 : TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO THE FIRST RESPONDENT DATED 26-02-2015.

EXHIBIT P7 EXT P7 : TRUE COPY OF THE FEES STRUCTURE ISSUED BY THE 4TH RESPONDENT FOR THE YEAR 2014-2016.