Citation : 2022 Latest Caselaw 613 Ker
Judgement Date : 14 January, 2022
WP(C) NO. 25759 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
WP(C) NO. 25759 OF 2021
PETITIONER/S:
LEKSHMI RAJENDRAN
AGED 35 YEARS
W/O. SREEJITH K., RESIDING AT ALPHINE HEIGHTS,
VAZHTHACAUD, POOJAPURA ROAD,
THIRUVANANTHAPURAM-695 012.
BY ADVS.
T.N.GIRIJA
S.SUJIN
NITA.N.S.
RESPONDENTS :
1 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY THE REGISTRAR,
PRIYADARSINI HILLS P.O., KOTTAYAM-686 560.
2 THE REGISTRAR
MAHATMA GANDHI UNIVERSITY,
PRIYADARSINI HILLS P.O., KOTTAYAM-686 560.
BY ADV SHRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 25759 OF 2021
2
JUDGMENT
The petitioner has approached this Court seeking the following relief:
1. To issue a Writ of Mandamus directing the respondent to issue
the completion certificate of Masters Degree in Business
Administration to the petitioner within a definite timeframe.
2. The petitioner contends that she got admitted to the Master of
Business Administration (MBA-two-year, IV semester) programme in the
year 2008 through Off-Campus mode in COSMAS Off-Campus Centre under
the 1st respondent University. The petitioner contends that she has
successfully completed the MBA course and the result of the examination
was published on 03/01/2012. She thus became eligible for the award of a
PG Degree Certificate. The grievance of the petitioner is that despite the
submission of an appropriate application, the respondents have not issued
the Degree Certificate. It is in the afore circumstances that the petitioner is
before this Court seeking directions to the respondent to issue the
completion Certificate of Masters Degree.
3. In the statement filed by the 1st respondent, it is stated that as
per the University norms, a candidate who successfully passes any degree WP(C) NO. 25759 OF 2021
course is required to submit an application in the prescribed format by
remitting the requisite fee, either by email or by post with the Controller of
Examinations. The applicant is also expected to produce the relevant
certificates. It is contended that prior to the filing of the Writ Petition, the
petitioner has not submitted any application for issuance of the original
Degree Certificate.
4. Sri. Sujin, the learned counsel appearing for the petitioner
submits that after the filing of the Writ Petition, the petitioner herein had
submitted an application as per University norms and according to him,
necessary directions be issued to the respondents to issue the Certificate in
an expeditious manner.
5. Sri. Surin George Ipe, the learned Standing Counsel appearing
for the University submits that if the application is in order and the
necessary fees have been remitted there cannot be any impediment in
issuing the Original certificate.
6. Having regard to the facts and circumstances and the
submissions made across the Bar, this writ petition is disposed of directing
the 2nd respondent to take up the application filed by the petitioner for
issuance of original degree Certificate for the MBA course, if the same is in
order, and issue the certificate as prayed for, expeditiously, at any rate, WP(C) NO. 25759 OF 2021
within a period of five weeks from the date of receipt of a copy of this
judgment.
The writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS WP(C) NO. 25759 OF 2021
APPENDIX OF WP(C) 25759/2021
PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE MARK LIST OF THE IST SEMESTER ISSUED FOR THE PETITIONER ON 24.2.2010.
Exhibit P2 TRUE COPY OF THE MARK LIST OF THE 2ND SEMESTER ISSUED TO THE PETITIONER ON 24.2.2020.
Exhibit P3 TRUE COPY OF THE MARK LIST OF THE 3RD SEMESTER ISSUED TO THE PETITIONER ON 3.1.2012.
Exhibit P4 TRUE COPY OF THE MARK LIST OF THE 4TH SEMESTER ISSUED TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE E-RECEIPT ISSUED TO THE PETITIONER ON 13.8.2021 FOR ISSUING THE DUPLICATE DEGREE CERTIFICATE.
RESPONDENT(S) EXHIBITS : NIL
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