Kerala High Court
Abhirami Manoj vs Mahatma Gandhi University on 13 September, 2021
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. 17872 OF 2021
PETITIONER/S:
ABHIRAMI MANOJ,
AGED 22 YEARS
D/O. MANOJ MANI, IRUMBUKUZHIYIL HOUSE, VANNAPURAM
P.O., THODUPUZHA , IDUKKI.
BY ADV L.RAJESH NARAYAN
RESPONDENT/S:
1 MAHATMA GANDHI UNIVERSITY,
KOTTAYAM, REPRESENTED BY ITS REGISTRAR,
PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM-
686560.
2 THE REGISTRAR,MAHATMA GANDHI UNIVERSITY, KOTTAYAM,
PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM-
686560.
3 THE CONTROLLER OF EXAMINATIONS,
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
ATHIRAMPUZHA, KOTTAYAM-686560.
BY ADV SHRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 17872 OF 2021
-2-
JUDGMENT
(Dated this the 13th day of September, 2021)
The petitioner, a degree holder in Bachelor of
Commerce, is pursuing M.Com course in Finance and
Taxation at Newman College, Thodupuzha, affiliated with
Mahatma Gandhi University, the 2nd respondent. The
examinations of 2nd semester of aforementioned course was
conducted in November 2020, but the results have so far
not been published. The fact that the petitioner had already
appeared for the said examinations is evident from the hall
ticket Ext.P3. As far as the examinations of 3 rd semester
are concerned, it was conducted in January 2021, even the
results of the same are also awaited.
2. The learned counsel for the petitioner submitted
that the petitioner intends to pursue B.Ed course in
Commerce and admission for the said course (2021-22
batch) through CAP commenced from 18.8.2021. The last
date for submission of the application, after having granted
extension is 16.9.2021 from 6.9.2021. As per the
Prospectus for Admission to B.Ed Degree in Commerce, a
WP(C) NO. 17872 OF 2021
candidate should hold M.Com degree with not less than
50% marks (CGPA of 2). It is on account of this
predicament, the jurisdiction of this court under Article 226
of the Constitution of India, has been invoked.
3. The learned counsel for the respondent countered
the aforementioned argument by relying upon the specific
stand taken on the premise that the prospectus for B.Ed
Course in Commerce envisages that candidates who
secured M.Com degree with not less than 50% marks
(CGPA of 2) alone would be eligible for admission to the
B.Ed course in commerce. The petitioner cannot be
permitted to submit the application even provisionally as
ranking of the candidate is based on the inter se merit as
referred to in clause 7 of the Prospectus which prescribes
that the marks obtained for Post Graduation in the
concerned discipline shall be converted to 1000 and the
index mark so arrived at after adding/deducting
weightage/bonus marks/handicap marks, if any would be
considered. Thus, the incomplete academic credentials
cannot be made workable in any circumstances to consider
WP(C) NO. 17872 OF 2021
the application of the petitioner for B.Ed course. The
petitioner, as per the current schedule of allotment, can
register afresh and apply at the 3 rd allotment, which will
commence from 1.11.2021 to 4.11.2021. The results of 2 nd
semester is expected to be declared by this week. But as
far as the 3rd semester is concerned, the results are expected
to be declared within two weeks. As far as the 4 th semester
is concerned, as the exams were conducted during July
2021, it is submitted that the evaluation is commencing
from today onwards. In the circumstances, the petitioner
cannot be considered eligible for pursuing B.Ed course
commencing from 16.9.2021.
3. I have heard the learned counsel for the parties.
4. The fact that the examinations of 2 nd, 3rd and 4th
semesters in M.Com course were conducted during
November 2020, January 2021 and July 2021 respectively,
is not in dispute. This court accepts the statement of
counsel for the University at bar that the results of 2 nd and
3rd semesters will be declared within a period of two weeks.
But as far as the results of 4 th semester is concerned, even if
WP(C) NO. 17872 OF 2021
the evaluation is stated to be commencing from today, it
would not be possible for the University to declare the
results within a period of another 3 days i.e., before
16.9.2021, which is the last date for submission of
application for B.Ed course in Commerce. But the same
can be completed before the date of 3 rd allotment i.e.,
1.11.2021 to 4.11.2021. At this stage, the learned counsel
for the petitioner submits that the petitioner is hopeful of
clearing all the examinations and shall apply afresh, in
terms of the stand taken in paragraph 3 of the statement
filed by the respondent, as the 3 rd allotment is commencing
from 1.11.2021 to 4.11.2021.
The Writ Petition is accordingly disposed of, with
a direction to the University to commence the evaluation of
4th semester, at least by 20.10.2021 as the results of 2 nd and
3rd semesters would be declared by 30.9.2021, so that the
petitioner has sufficient time to apply for the 3rd allotment.
Sd/-
AMIT RAWAL, JUDGE.
dl/
WP(C) NO. 17872 OF 2021
APPENDIX OF WP(C) 17872/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE MARKLIST.
Exhibit P3 TRUE COPY OF THE HALL TICKET FOR THE 2ND
SEMESTER EXAMINATION.
Exhibit P4 TRUE COPY OF THE HALL TICKET FOR THE 3RD
SEMESTER EXAMINATION.
Exhibit P5 TRUE COPY OF THE HALL TICKET FOR THE 4TH
SEMESTER EXAMINATION.
Exhibit P6 TRUE COPY OF THE PROSPECTUS FOR
ADMISSION TO B.ED DEGREE PROGRAMMES IN
AFFILIATED COLLEGES THROUGH CENTRALIZED
ALLOTMENT PROCESS (CAP).
