Kerala High Court
Sahad Hashim P vs Cochin University Of Science And ... on 13 September, 2021
WP(C) No.18701/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Monday, the 13th day of September 2021 / 22nd Bhadra, 1943
WP(C) NO. 18701 OF 2021(K)
PETITIONER:
SAHAD HASHIM P., AGED 23 YEARS, S/O MOHAMMED HASHIM, AMANATH
HOUSE, KAYALODE, KANNUR-670 741.
RESPONDENTS:
1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT), COCHIN
UNIVERSITY ADMINISTRATIVE OFFICE, 26/226, UNIVERSITY ROAD,
VIDYA NAGAR COLONY, THRIKKAKARA, EDAPPALLY, ERNAKULAM-682
022, REPRESENTED BY THE REGISTRAR
2. THE CONTROLLER OF EXAMINATION, COCHIN UNIVERSITY OF SCIENCE
AND TECHNOLOGY (CUSAT) , COCHIN UNIVERSITY ADMINISTRATIVE
OFFICE, 26/226, UNIVERSITY ROAD, VIDYA NAGAR COLONY,
THRIKKAKARA, EDAPPALLY, ERNAKULAM-682 022.
3. THE UNIVERSITY GRANTS COMMISSION(UGC), BAHADUR SHAH ZAFAR
MARG, NEW DELHI, PIN-110 002, REPRESENTED BY THE SECRETARY.
4. THE REGISTRAR, BHARATHIYAR UNIVERSITY, MARUTHAMALAI MAIN
ROAD, COIMBATORE NORTH TALUK, COIMBATORE, TAMIL NADU-641
046.
5. THE PRINCIPAL, COLLEGE OF ENGINEERING, ERANHOLI
P.O.THALASSERY, KANNUR DISTRICT-670 107
Writ petition (civil) praying inter alia that in the
circumstances stated in the affidavit filed along with the WP(C)
the High Court be pleased to direct the respondents 1 and 2 to
permit the petitioner to attend the 2nd year MBA examination,
pending disposal of the above Writ Petition(Civil).
This petition coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and upon
hearing the arguments of ABDUL RAOOF PALLIPATH, K.R.AVINASH &
RAJ CAROLIN V., Advocates for the petitioner, SRI. ARAVINDAKSHN
PILLAI, STANDING COUNSEL for respondents 1 & 2(B/o) and of SRI.
S. KRISHNAMOORTHY,STANDING COUNSEL for respondent 3(B/o), the
court passed the following:-
P.T.O.
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AMIT RAWAL, J.
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Writ Petition No.18701 of 2021
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Dated this the 13th day of September, 2021
ORDER
Through the present Writ Petition, a direction has
been sought to respondent Nos.1 and 2 Cochin University
of Science and Technology to permit the petitioner to sit in
2nd semester MBA examinations scheduled on 15.9.2021,
by quashing Ext.P7 communication received from the Joint
Registrar of Cochin University of Science and Technology
to the Principal, College of Engineering, Thalassery
Kannur declining the application of the petitioner for
recognition on the fact that Distance Education Bureau of
UGC did not grant recognition to Bharathiar University
through distance mode.
2. The learned counsel for the petitioner submitted
that BBA course was undertaken by him through Indira
Gandhi Institute of Science and Technology, Kannur
affiliated with the Bharathiar University, as evident from
certificate dated 5.7.2021. The petitioner had already
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W P.18701 of 2021
undergone 1st semester examinations conducted in 2020.
After completing the classes in 2 nd semester, the petitioner
submitted application for 2nd semester examinations. Vide
Ext.P7 communication issued by the 1 st respondent in
favour of the 5th respondent Principal declined the
opportunity of the petitioner to appear for the
examinations. The condition of non-recognition of
distance education affiliated to Bharatiar University was
challenged before the High Court of Madras, which is
pending in Writ Appeal.
3. Issue notice before admission to the respondents.
Adv.Shri Aravindakshan Pillai, the standing counsel takes
notice for respondents 1 and 2. Adv.Shri S Krishnamoorthy
takes notice for 3rd respondent.
4. The learned standing counsel for R1 and R2 did
not deny the pendency of a Writ Appeal before the High
Court of Madras and there is no interim stay. The learned
standing counsel for R3 relied on the judgment in Godwin
Samraj D.P.(Dr.) v. Dr.M.Abdul Salam [2015(2) KHC
WP(C) No.18701/2021 4/6
W P.18701 of 2021
551], whereby distant education course conducted by the
various institutions under the Calicut University have not
been also recognised. There is no force in the argument or
any ground is made out for the grant of interim relief.
7. Considering the fact that the instruction should
have been taken in view of the judgment in Godwin
Samraj D.P.(Dr.)(supra), respondent University ought not
have granted admission to the petitioner for undertaking
the MBA course in the first instance i.e. in the year 2020
and permitted him to write the 1 st semester examination,
but objection is only with regard to sitting in 2 nd semester
examination commencing from 15.9.2021.
8. Since the matter is pending in a Writ Appeal the
matter can be decided only after the pronouncement of the
judgment. As an interim measure, I direct the University to
permit the petitioner by issuing a hall-ticket provisionally
to sit in the 2nd semester examinations of MBA course
commencing from 15.9.2021.
9. It is made clear that this direction is only
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W P.18701 of 2021
provisional subject to the result of the Writ Appeal. The
result of the petitioner shall not be declared without the
permission of this court.
List on 25.11.2021. Respondents to file counter in
the meantime.
Hand over.
Sd/-
AMIT RAWAL, JUDGE.
dl/
13-09-2021 /True Copy/ Assistant Registrar
WP(C) No.18701/2021 6/6
APPENDIX OF WP(C) 18701/2021
Exhibit P7 TRUE COPY OF THE ORDER NO AC C3/RECOGNITION OF
DEGREES/2021 DATED 25.6.2021 ISSUED BY THE 1ST
RESPONDENT
