Paul Thottungal Mathew vs The Registrar, M.G.University
2021 Latest Caselaw 14104 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                         WP(C) NO. 13092 OF 2021
PETITIONER:

              PAUL THOTTUNGAL MATHEW
              AGED 21 YEARS
              S/O.MATHEW JOSEPH, RESIDING AT "THOTTUNGAL HOUSE",
              PAZHANGANAD, KIZHAKKAMBALAM P.O., ERNAKULAM-683 562

              BY ADV S.SUJIN



RESPONDENTS:

     1        THE REGISTRAR, M.G.UNIVERSITY
              PRIYADARSHINI HILLS, KOTTAYAM-688 560

     2        M.G.UNIVERSITY,
              REPRESENTED BY THE REGISTRAR, PRIYADARSHINI HILLS,
              KOTTAYAM-688 560

     3        THE CONTROLLER OF EXAMINATION,
              M.G UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-688 560



              BY ADV.SURIN GEORGE,IYPE, SC,MGU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13092 OF 2021
                                     2

                             JUDGMENT

This writ petition is filed seeking the following relief:-

(i) To issue a writ of mandamus directing the 3 rd respondent to take necessary steps to issue the Original Degree Certificate of the petitioner at the earliest.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the University.

3. It is submitted by the learned counsel for the

petitioner that the petitioner had been issued with a provisional

certificate in respect of the B.Com degree course undergone by

him in an affiliated college after including the revaluation

results of the 2nd semester as well, which he passed in

revaluation. However, on the ground that the petitioner had

made an application for revaluation of the results of other

papers in the 2nd and 4th semesters, the original degree

certificate has not been granted. It is submitted that the

petitioner has approached the respondents with Ext.P5 request.

It is submitted that the petitioner is not pursuing the WP(C) NO. 13092 OF 2021

application for further revaluation and that the original degree

certificate may be issued in terms of the provisional certificate

now issued to the petitioner.

4. The learned Standing Counsel submits that since the

petitioner has expressed his willingness to withdraw the

applications submitted by him for revaluation, the same has to

be considered by the University.

5. Having considered the contentions advanced on

either side and taking note of the urgency pleaded by the

learned counsel for the writ petitioner, I am of the opinion that

the petitioner is entitled to the issue of the original certificate in

case he does not pursue his application for revaluation.

6. In the above view of the matter, there will be a

direction to the appropriate authority in the University to

consider Ext.P5 request made by the petitioner at the earliest.

Appropriate orders shall be passed within one week from the

date of receipt of a copy of this judgment and the original

degree certificate of the petitioner shall also be released to him WP(C) NO. 13092 OF 2021

without further delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/07.07.2021 WP(C) NO. 13092 OF 2021

APPENDIX OF WP(C) 13092/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE RESULT OF THE REVALUATION PUBLISHED ON 8.2.2021

Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 8.4.2021 IN W.P(C) NO.9276 OF 2021

Exhibit P3 TRUE COPY OF THE PROVISIONAL CERTIFICATE ISSUED TO THE PETITIONER

Exhibit P4 TRUE COPY OF THE LETTER DATED 26.5.2021 ISSUED BY THE UNIVERSITY

Exhibit P5 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT ON 1.6.2021

Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE UNIVERSITY NO NORTHAMPTON INTERNATIONAL COLLEGE

Exhibit P7 TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER ON 10.6.2021 BY THE GRADUATE OVERSEAS EDUCATION ADVISORS LLP