Sara Nazer vs Mahatma Gandhi University
2021 Latest Caselaw 3160 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.28653 OF 2020(F)


PETITIONER :-

            SARA NAZER, AGED 19 YEARS
            D/O.P.K.NAZER, HUDAS PARALI,
            PARALIL HOUSE, SURYA NAGAR, ROCKWELL ROAD,
            PALLILAMKARA, HMT COLONY P.O.- 683 503

            BY ADVS.
            SRI.M.SASINDRAN
            SRI.V.VENUGOPAL

RESPONDENTS :-

      1     MAHATMA GANDHI UNIVERSITY
            PRIYADARSHINI HILLS, KOTTAYAM-686 560,
            REPRESENTED BY ITS REGISTRAR

      2     THE VICE CHANCELLOR,
            MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
            KOTTAYAM - 686 560

      3     THE DIRECTOR,
            INSTITUTE OF INTEGRATED PROGRAMMES AND RESEARCH
            IN BASIC SCIENCE (IIRBS), (UNDER THE MAHATMA
            GANDHI UNIVERSITY), PRIYADARSHINI HILLS,
            KOTTAYAM - 686 560

            BY ADV. SRI.ASOK M.CHERIAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.28653 OF 2020(F)

                                       -: 2 :-


                                    JUDGMENT

Dated this the 28th day of January 2021

This writ petition is filed seeking the following reliefs :-

"i) to set aside Ext.,P4 in so far as it shown the index marks of the petitioner as 690 instead of 872 for Integrated M.Sc. Environmental Science.

ii) to set aside Ext.P7(a) and 4th supplementary allotment for Integrated M.Sc. Environmental Science in so far as it does not includes the petitioner and in so far as it includes the candidates who got lessor marks than the petitioner for admission to the Integrated M.Sc. Environmental Science.

iii) to a writ of mandamus or any other writ order or direction commanding the respondents to include the petitioner's name in the allotment for Integrated M.Sc. Environmental Science and admit the petitioner.

iv) to declare that the marks obtained in Psychology paper of the plus two course is to be added to the total marks obtained in Part III of the qualifying examination for preparing the rank list of Integrated Master of Science in Environmental Science."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent University.

3. The learned counsel for the petitioner submits that the

non-inclusion of the petitioner's candidature for admission to the

Integrated M.Sc in Environmental Science in spite of the marks

scored by her is totally illegal. It is submitted that Ext.P3 prospectus

provides the means by which the marks have to be awarded to the WP(C).No.28653 OF 2020(F)

candidates. It is submitted that the petitioner had passed CBSE 12 th

examination and Ext.P2 is the marklist, which shows that she had

obtained sufficiently high marks. However, without considering the

marks for any of the other subjects, only the total marks obtained by

the petitioner with normalisation is taken into account and only 690

marks has awarded to the petitioner as is evident from Ext.P8. It is

further submitted that there are no other applicants to the Integrated

M.Sc Environmental Science course and that the petitioner would be

eligible for admission even if 690 marks is taken as her index marks.

4. The learned Standing Counsel appearing for the University

would submit that the procedure prescribed in Ext.P3 prospectus has

been followed scrupulously by the University and that the petitioner is

eligible only for 690 marks for the purpose of admission to the

Integrated M.Sc Environmental Science course. It is submitted that

the admissions are to be made through the Centralised Allotment

Process and that the petitioner's claim can also be considered for

admission to the Integrated M.Sc Environmental Science course

along with other eligible candidates, in accordance with law.

In the above view of the matter, this writ petition is

disposed of directing that the seat, which is kept unfilled on the basis

of the interim order of this Court dated 21.12.2020 will be filled up

through the allotment process, taking note of the eligible candidates WP(C).No.28653 OF 2020(F)

and in accordance with law. In case there are no other candidates

having better marks than the petitioner, the petitioner shall be

considered for admission to the Integrated M.Sc Environmental

Science course.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/1.2.2021 WP(C).No.28653 OF 2020(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION DATED 14.09.2020 ISSUED BY THE FIRST RESPONDENT UNIVERSITY

EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF PLUS TWO ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION

EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION

EXHIBIT P4 A TRUE COPY OF THE PRINT OUT TAKEN FROM THE SITE OF THE M.G.UNIVERSITY

EXHIBIT P5 A TRUE COPY OF THE CURRICULUM AND SYLLABUS FOR THE B.SC PSYCHOLOGY NOTIFIED BY THE FIRST RESPONDENT UNIVERSITY

EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES OF THE PSYCHOLOGICAL PERTAINING TO THE ENVIRONMENTAL SCIENCE IN THE PLUS TWO COURSE

EXHIBIT P7 TRUE COPIES OF THE ALLOTMENT CATEGORY PUBLISHED BY THE FIRST RESPONDENT UNIVERSITY FOR INTEGRATED MASTER OF SCIENCE (ENVIRONMENTAL SCIENCE)

EXHIBIT P7(a) TRUE COPIES OF THE ALLOTMENT CATEGORY PUBLISHED BY THE FIRST RESPONDENT UNIVERSITY OF INTEGRATED MASTER OF SCIENCE (ENVIRONMENTAL SCIENCE)

EXHIBIT P8 A TRUE COPY OF THE PRINT OUT TAKEN FROM THE SITE OF THE FIRST RESPONDENT UNIVERSITY

EXHIBIT P8(a) A TRUE COPY OF THE PRINT OUT TAKEN FROM THE SITE OF THE FIRST RESPONDENT UNIVERSITY REGARDING THE 4TH SUPPLEMENTARY ALLOTMENT

EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGE OF THE COMBINATION OF SUBJECTS UNDER THE SCIENCE GROUP PUBLISHED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION IN THEIR WEBSITE.

EXHIBIT P10 TRUE COPY OF THE ARTICLE PUBLISHED IN ONE OF THE INTERNATIONAL JOURNAL IN AUGUST 2004