Kerala High Court
Jovens Sebastian vs Principal Govt. Law College on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.24932 OF 2018(N)
PETITIONER/S:
JOVENS SEBASTIAN
S/O K.A.SEBASTIAN,AGED 41 YEARSRESIDING AT
KUNNALAKKAT HOUSE,THOTTATHILPARAMBU ROAD,MARADU.P.O.,
ERNAKULAM
BY ADVS.
SRI.K.A.SEBASTIAN
SRI.P.A.BAHULEYAN
RESPONDENT/S:
1 PRINCIPAL GOVT. LAW COLLEGE, ERNAKULAM
KOCHI-682011.
2 THE CONTROLLER OF EXAMINATIONS
MAHATMA GANDHI UNIVERSITY,PRIYADARSINI HILLS P.O.,
KOTTAYAM.PIN-686560
3 THE REGISTRAR
MAHATMA GANDHI UNIVERSITY,PRIYADARSINI HILLS P.O.,
KOTTAYAM.PIN-686560
R2-3 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
OTHER PRESENT:
R1-SRI.HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24932 OF 2018(N)
2
JUDGMENT
Dated this the 25th day of January 2021
The petitioner has approached this Court seeking the
following reliefs:
a. This Hon'ble Court may be pleased to issue
a writ of mandamus or any other appropriate writ or
direction to the 3rd respondent to issue the BAL degree
certificate to the petitioner.
b. Direct the 1st and 2nd respondent the
necessary steps to be taken in furtherance of 4th
Semester mark list and publish it.
c. This Hon'ble Court direct the 1st, 2nd, 3rd
respondent to grant readmission on ground of hurdles
faced by petitioner to 9th semester, via 3 year LLB
degree programme.
2. Counsel for the respondent submits that as far
as relief No.1 is concerned, the same has been granted as
per the degree dated 12th of June 2019, Ext.P10.
Regarding 2nd relief, the result of the 4 th semester exam
has already been listed as the petitioner has completed 9 th
semester. With regard to relief No.3, there is an
interdiction as per Bar Council of India Rules, Part IV,
WP(C).No.24932 OF 2018(N)
Chapter II, which provides any lateral entry on the plea of
graduation in any subject or exit by way of awarding a
splitting degree. But as per the Bar Council Rules of
Legal Education, 2008 and approved by the Board of
Studies Meeting held on 17.9.2018, clause 23 permits
such students to seek re-admission on account of
availability of seats in the concerned semester, subject, to
rules framed by the University and Government of Kerala
from time to time, provided that only those students who
have dropped out/been detained/obtained transfer
certificate or discontinued from any semester of
Integrated Five year LLB (Hons.) course as per these
regulations alone will be eligible for re-admission.
Petitioner's grievance can be vindicated in case he seeks
readmission but cannot be permitted to attend 10 th
semester as there has been a change in the syllabus with
effect from 2015 onwards. Had there not been a change
in the subjects, the impediment as per the Bar council
Rules would not have come into force nor the petitioner
would have to seek any readmission.
WP(C).No.24932 OF 2018(N)
3. Learned Government Pleader submits that
Ext.R1(a) transfer certificate reflects that the petitioner
had discontinued his studies.
4. I have heard the learned counsel for the parties
and appraised the paper book. For the sake of brevity,
clause 23 of common regulation for the five year
integrated double degree LLB (Honors) courses is
extracted herein below:
23: Re-admission
Re-admission to each semester shall be
according to the availability of seats in the
concerned semester. This shall also be
subject to rules framed by the University and
Government of Kerala from time to time.
Application for Re-admission shall be
submitted to the University, 3 weeks before
the commencement of the Semester to which
the applicant seeks for admission.
Provided that only those students who
have dropped out/been detained/obtained
transfer certificate or discontinued from any
semester of Integrated Five Year L.L.B (Hons.)
course as per these regulations alone will be,
eligible for re-admission.
Since the relief Nos. 1 and 2 have already been
granted in favour of the petitioner, for the purpose of
relief No.3, the petitioner has no other option but to seek
readmission. Thus the relief No.3 cannot be granted with
WP(C).No.24932 OF 2018(N)
a caveat that the petitioner is at liberty to seek
readmission. Writ petition stands disposed of.
Sd/-
AMIT RAWAL
sab JUDGE
WP(C).No.24932 OF 2018(N)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1: TRUE COPY OF LETTER FROM THE
PRINCIPAL, GOVT. LAW COLLEGE TO THE
CONTROLLER OF EXAMINAITON,
M.G.UNIVERSITY 4TH SEMESTER, INTEMAL
MARK OMISSION REQUEST FORWARING OF
DATED 07.03.2012
EXHIBIT P2: TRUE COPY OF LETTER FROM PRINCIPAL TO
DR. N JAYAKUMAR MEMBER, SYNDICAT
SECTION M.G.UNIVERSITY, KOTTAYAM
EXHIBIT P3: TRUE COPY OF THE LETTER FROM THE
PRINCIPAL DO TO THE CONTROLLER OF
EXAMINAITON, M.G.UNIVERSITY, KOTTAYAM
REGARDING INTERNAL MARK DATED 04.02.16
EXHIBIT P4: TRUE COPY OF LETTER FROM THE PRINCIPAL
DO TO THE CONTROLLER OF EXAMINATION,
M.G.UNIVERSITY,KOTTAYAM REGARDING
INTERNAL MARK DATED 25.11.2016
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF
CALENDER OF LAW COLLEGE ERNAKULAM
2010-2011.
EXHIBIT P6 TRUE COPY OF DETAILS OF THE MINUTES OF
THE BAL DEGREE EXAMINATIONS BY THE
BOARD OF THE STUDIES IN THE MG
UNIVERSITY, KOTTAYAM.
EXHIBIT P7 TRUE COPY OF THE MARK LIST IN THE 2ND
SEMESTER SECOND YEAR LLB OF APRIL
2017, PUBLISHED ON 15.10.2018.
EXHIBIT P8 TRUE COPY OF REQUEST FOR REVALUATION
OF 2ND SEMESTER IN THE VICE CHANCELLOR
MG UNIVERSITY DATED 29.10.2018.
EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF
CALENDER OF 3 YEAR LLB OF GOVT.LAW
COLLEGE, ERNAKULAM 2018-2019.
EXHIBIT P10 TRUE COPY OF THE BAL DEGREE
CERTIFICATE DATED 12.06.2019.
WP(C).No.24932 OF 2018(N)
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1A TRUE COPY OF THE TC NO.180/2010 DATED
11.10.2010 ISSUED TO THE PETITIONER.
