Amal K.J vs Secretary
2022 Latest Caselaw 341 Ker

WP(C) NO. 1160 OF 2022          1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                       WP(C) NO. 1160 OF 2022
PETITIONER:

          AMAL K.J.
          AGED 23 YEARS
          S/O K P JOSEPH, KOMAROTH HOUSE, PACHALAM P O, KOCHI-
          682012, ERNAKULAM DISTRICT.

          BY ADV S.MURALI


RESPONDENTS:

    1     SECRETARY
          UNIVERSITY GRANTS COMMISSION (MINISTRY OF HUMAN
          RESOURCES DEVELOPMENT, GOVERNMENT OF INDIA), BAHADUR
          SHAH MARG, NEW DELHI-110002.

    2     DIRECTOR
          TATA INSTITUTE OF SOCIAL SCIENCES, V N PURAV MARG,
          DEONAR, MUMBAI-400088.

    3     VICE CHANCELLOR
          MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P O,
          KOTTAYAM DISTRICT, PIN-686560.

    4     CHAIRMAN
          ACADEMIC COUNCIL, MAHATMA GANDHI UNIVERSITY,
          PRIYADARSHINI HILLS P O, KOTTAYAM DISTRICT,

          PIN-686560.

    5     SECRETARY/PRINCIPAL SECRETARY
          HIGHER EDUCATION, GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    6     MANAGER
          SREE NARAYANA LAW COLLEGE, POOTHOTTA, PIN-682307,
          ERNAKULAM DISTRICT.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1160 OF 2022                 2

                                  JUDGMENT

The petitioner contends that he had pursued the Bachelor of Vocational

Education (B.Voc) in Automobile Service and Technology from the TATA

Institute of Social Sciences, a Government of India funded Multi-Campus

Deemed University recognised under Section 3 of the University Grants

Commission Act, 1956. It is contended that from Ext.P4 order issued by the

UGC it would be apparent that the B.Voc Degree is recognised at par with the

other Bachelor level Degrees for competitive exams conducted by the

Union/State Public Service Commission, Staff Selection Commission or other

such bodies where the eligibility criteria is "Bachelor Degree in any discipline"

and the students with B.Voc degree has to be considered as eligible for the

Trans-Disciplinary Vertical mobility into such courses where entry qualification

is a Bachelor's Degree without specific requirement in a particular discipline.

The petitioner states that on the strength of Ext.P2 degree, he was admitted to

the LLB (3 years) regular course in the Sree Narayana Law College, Poothotta,

the 6th respondent herein.

2. The petitioner contends that at the time of admission, all

qualification documents/certificates were entrusted with the 6th respondent.

According to the petitioner, in the month of December, 2021, the 6th

respondent demanded that the petitioner should produce an eligibility

certificate to be issued by respondents 3 and 4 for regularizing the admission

of the petitioner. The petitioner contends that he submitted an application for

issuance of eligibility certificate through email as is evident from Exts.P8 and

P8(a). He also followed it up with Ext.P9 representation. However, no action

was taken. It is in the afore circumstances that the petitioner is before this

Court seeking directions to the respondents 3 and 4 to dispose of Ext.P9

representation for eligibility certificate within a time frame to be fixed by this

Court and for a further direction to the 6th respondent to allow the petitioner

to continue as a student till orders are passed on Ext.P9.

3. On instructions, it is submitted by Sri. Surin George Ipe, the

learned counsel appearing for the University that the candidate is required to

apply for equivalency/eligibility certificate and/or course recognition through

the portal of the Mahatma Gandhi University. If he uploads the required

documents as stipulated therein and pays the fee online, the required

certificates can be issued. The learned counsel points out that it is evident

from Ext.P8 and P8(a) that all that the petitioner had done was forward the

certificate and mark list by email which is not the prescribed procedure.

4. Sri. S. Murali, the learned counsel appearing for the petitioner,

submits that he shall expeditiously submit the application online through the

online portal of the University.

5. In that view of the matter, this writ petition is disposed of

directing the petitioner to submit the application for issuance of

equivalency/eligibility certificate or course recognition, as the case may be,

through the online portal of the University. If an application is filed and the

requisite fees are remitted, after uploading the necessary documents, the

eligibility certificate sought for by the petitioner shall be issued expeditiously,

in any event, within a period of two weeks from the date of filing of the

application. Till such time, the 6th respondent shall permit the petitioner to

pursue his education in the institution as a regular student.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 1160/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE PHOTOCOPY OF THE EXTRACT OF ADMISSION FOR MANAGEMENT QUOTA FOR THE YEAR 2021-

2022 ISSUED TO THE PETITIONER BY 6TH RESPONDENT LAW COLLEGE FOR 3 YEAR LLB COURSE DATED 25.11.2021.

Exhibit P2 TRUE PHOTOCOPY OF THE DEGREE CERTIFICATE OF BACHELOR OF VOCATIONAL EDUCATION ISSUED BY 2ND RESPONDENT TO THE PETITIONER IN MUMBAI, SEPTEMBER 2019.

Exhibit P3 TRUE PHOTOCOPY OF THE TRANSFER CUM MIGRATION CERTIFICATE ISSUED BY 2ND RESPONDENT TO PETITIONER DATED 29.11.2021.

Exhibit P4 TRUE PHOTOCOPY OF THE ORDER NO.D.O.NO.F.2-

7/2014(CC/NVEQF/MISC ISSUED BY 1ST RESPONDENT DATED 3.8.2016 WHICH WAS PUBLISHED IN OFFICIAL GAZETTE OF INDIA DATED 19.01.2013 RECOGNISING B.VOC DEGREE AT PAR WITH OTHER BACHELOR LEVEL DEGREES.

Exhibit P5 TRUE PHOTOCOPY OF THE ORDER NO.7296/A1/1/2018/ACADEMIC IN DEPARTMENT OF ACADEMIC DATED 9.10.2018 ISSUED BY MAHATMA GANDHI UNIVERSITY.

Exhibit P5(A) TRUE PHOTOCOPY OF THE ORDER ISSUED BY M G UNIVERSITY NO.3524/ACA1/2020/M G U ACADEMIC/SECTION DATED 3.8.2020 REGARDING B.VOC COURSE.

Exhibit P6 TRUE PHOTOCOPY OF THE CONSOLIDATED GRADE CARD ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR B.VOC DATED 24.07.2019.

Exhibit P7 TRUE PHOTOCOPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED BY GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT DATED 16.04.2014 TO THE PETITIONER.

Exhibit P8 TRUE PHOTOCOPY OF THE G MAIL CERTIFICATE APPLICATION FOR ELIGIBILITY CERTIFICATE SENT BY E-MAIL DATED 2.12.2021 AND 3.12.2021 BY PETITIONER TO THE 3RD AND 4TH

RESPONDENTS.

Exhibit P8(A) TRUE PHOTOCOPY OF THE G MAIL CERTIFICATE APPLICATION FOR ELIGIBILITY CERTIFICATE SENT BY E-MAIL DATED 14.12.2021 BY PETITIONER TO THE 3RD AND 4TH RESPONDENTS.

Exhibit P9 TRUE PHOTOCOPY OF THE REPRESENTATION SENT BY THE PETITIONER TO 3RD AND 4TH RESPONDENTS TO ISSUE ELIGIBILITY CERTIFICATE DATED 10.01.2022.

RESPONDENTS' EXHIBITS:

NIL