Biju G vs Registrar
2021 Latest Caselaw 3032 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                      WP(C).No.25762 OF 2020(U)


PETITIONER:

               BIJU G
               AGED 42 YEARS
               BIJU MANDIRAM,
               MELEPANDALAM MUKKU,
               PULIPPARA P.O,
               KADAKKAL-691536

               BY ADV. SMT.NISHA JOHN

RESPONDENTS:

      1        REGISTRAR , STUDENT REGISTRATION DIVSION
               IGNOU, MAIDAN GARHI, NEW DELHI-110 068

      2        DIRECTOR,
               INDIRA GANDHI NATIONAL OPEN UNIVERSITY, REGIONAL
               CENTRE, THIRUVANANTHAPURAM, KARAMANA P.O,
               THIRUVANANTHAPURAM.

               R1-2 BY ADV. SRI.K.MOHANAKANNAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-
01-2021, THE COURT ON 28-01-2021 DELIVERED THE FOLLOWING:
 W.P.(C).No.25762/2020
                                        2

                           ANU SIVARAMAN, J.
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                         W.P.(C).No.25762 of 2020
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                  Dated this the 28th day of January, 2021

                                 JUDGMENT

This writ petition is filed seeking the following prayers:-

"i) To issue a Writ of Mandamus or other appropriate writ or order, directing the Respondents to accept the project proposal of the petitioner and to evaluate the same;

(ii) To issue a Writ of Mandamus or other appropriate writ or order directing the Respondents to permit petitioner to appear for the coming Term End Examination after accepting fees;

(iii) To issue a Writ of Mandamus or other appropriate writ or order directing the Respondents to permit petitioner to complete the course without insisting for sitting through the entire course duration;"

2. Heard the learned counsel for the petitioner and the

learned counsel for the University.

3. It is submitted that the petitioner had joined the BCA

program in the respondent University in the year 2008. The

program had 6 semesters and the petitioner completed 5 of the

semesters successfully. For the final 6 th semester, a project W.P.(C).No.25762/2020

proposal had to be submitted which was to be approved by the

University and the course would be complete only on such

project being approved. It is submitted that the petitioner had

submitted the project proposal in time as per Ext.P3 calendar,

but the outcome of the same was not communicated in time.

After 7 months, it was informed that the project was not

satisfactory and the petitioner resubmitted the proposal. It was

not even evaluated on the ground that the program had to be

completed within 4 years of joining.

4. The learned counsel for the petitioner submits that the

delay in re-submission of the project was only on account of the

delay in valuing the project. It is submitted that since the

evaluation was delayed, the petitioner was unable to resubmit

the project in time. Though Ext.P5 request was made for a

readmission with carry over of the credits earned by him, the

same has also been rejected by the respondents. It is stated that

if the rejection of the project was intimated within the 30 days as

mandated by Ext.P3 calendar, the petitioner could have

resubmitted the same after curing defects within the time

provided.

W.P.(C).No.25762/2020

5. A statement has been placed on record by the

respondents. It is submitted that the duration of the BCA

program was 3 years and the maximum validity was 6 years. It

is stated that the petitioner was aware when he joined the

course in 2008 itself that the validity of this program will be

over in December 2013 and that if he did not complete the

course in all aspects within the time, his admission would

lapse. It is submitted that the petitioner had submitted the

project proposals in the first instance on 30.12.2013 and the

project was returned after evaluation without approval in

February 2014. It is stated that it was resubmitted on

25.06.2014 and returned unapproved in July 2014. Thereafter,

the project was submitted only on 05.07.2016, by which time

the validity of the program had ended in December 2015 and

the project was not liable to be evaluated. It is submitted that

since the validity of the program had ended in December 2015,

the petitioner's third submission of project proposal could not

be considered.

W.P.(C).No.25762/2020

6. The petitioner has filed a reply affidavit. It is stated that

with the submission of the project proposal on 30.12.2013, the

petitioner had completed the program. He had taken

readmission to complete the process and since the dates of

rejection of the project proposal without approval is not

specified in the counter affidavit, it is clear that there was no

such rejection and that the petitioner's course is to be declared

as completed.

7. I have considered the contentions advanced. It is the

specific case of the respondents that the validity of the course

was only till December 2015 and that no project could have

been validly submitted thereafter. The petitioner in the instant

writ petition also does not have a case that there was approval

for the project submitted by the petitioner on any date before

December 2015. On the contrary, the petitioner specifically

contends that the project was resubmitted on 05.07.2016.

Therefore, it is evident from the pleadings placed on record by

the petitioner himself that there was no approved project

during the currency of the validity of the course, which ended

in December 2015.

W.P.(C).No.25762/2020

In the above factual situation, I am of the opinion that the

prayers as sought for by the petitioner cannot be granted. The

writ petition thus fails and the same is, accordingly, dismissed.

Sd/-

Anu Sivaraman, Judge sj W.P.(C).No.25762/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ENROLMENT CERTIFICATE.

EXHIBIT P2 TRUE COPY OF GRADE CARD STATUS ISSUED BY IGNOU

EXHIBIT P3 TRUE COPY OF THE CALENDER FOR THE PROJECT .

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 23.07.2016.

EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED TO 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF LETTER ISSUED BY 2ND RESPONDENT TO 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION RECEIVED FROM 2ND RESPONDENT.

True copy

PS to Judge