Sujan Thomas vs Kannur University
2022 Latest Caselaw 6457 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944

                             WP(C) NO. 2641 OF 2014

PETITIONER:

               SUJAN THOMAS
               AGED 36 YEARS
               S/O. T.C.TOMAS, THAYYAYATH HOUSE, KANDAKASSERY, PAYYAVOOR P.O.,
               KANNUR.

               BY ADV SRI.M.V.AMARESAN



RESPONDENTS:

     1         KANNUR UNIVERSITY
               REPRESENTED BY ITS REGISTRAR, MANGATTUPARAMBA,
               P.O.MANGATTUPARAMBA, KANNUR DISTRICT-670 567.

     2         VICE CHANCELLOR
               KANNUR UNIVERSITY, MANGATTUPARAMBA, P.O.MANGATTUPARAMBA, KANNUR
               DISTRICT-670 567.

     3         THE CONTROLLER OF EXAMINATIONS
               KANNUR UNIVERSITY, KANNUR, P.O.MANGATTUPARAMBA, KANNUR
               DISTRICT-670 567.

     4         PRINCIPAL
               HRUDAYAM COMMUNITY COLLEGE OF COUNSELLING, KANNUR UNIVERSITY,
               TALAP P.O., KANNUR DISTRICT-670 002.

               BY ADVS.
               SRI.M.SASINDRAN,
               SRI.V.A.MUHAMMED,
               SRI.VIJU THOMAS, SC,
               I.V.PRAMOD




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2641 OF 2014

                                     2




                              JUDGMENT

The petitioner says that he was admitted by the 4th respondent

- College to the Post Graduate Course, leading to the Diploma in

Counselling and Psychotherapy, after verifying his credentials and

educational qualifications. He says that after he was so admitted, the

certificates were verified by the Kannur University through the 4th

respondent - College and granted Registration No.8327. He says

that he, thereafter, appeared for the First and Second Semester

examinations, as is evident from Exts.P2 and P3 Hall Tickets,

followed by the viva-voce and also the submission of the Project.

2. The petitioner says that taking note of all these, he was

correctly issued Ext.P4 Course Completion Certificate, but that his

results were withheld without any cogent or reliable reason. He says

that when he made enquiries, it was informed by the 4th respondent

that the 1st respondent - Kannur University has taken a stand that

his Educational Qualification, namely as reflected from Ext.P1

Certificate, has not been recognized by the said University.

3. The petitioner asserts that the afore reason impelled by the

Kannur University is illegal, particularly because his admission was

approved by it, leading to his registration being granted, as also

taking of examinations, as stated above.

4. The petitioner, therefore, prays that the 1st respondent - WP(C) NO. 2641 OF 2014

Kannur University be directed to publish the results of his

examinations which he had appeared pursuant to Exts.P2 and P3 Hall

Tickets, within a time frame to be fixed by this Court.

5. In response, Sri.I.V. Pramod - learned Standing Counsel for

the Kannur University, submitted that a statement has been filed on

record, wherein, it has been clearly averred that the petitioner does

not possess a Degree recognized by the Kannur University and

therefore, that he does not satisfy the eligibility criteria for the course,

leading to his results being justifiably withheld. He pointed out that, in

fact, the petitioner's request for issuance of an Equivalency Certificate

has also been rejected through Ext.P9 and that the Academic Council

of the University, vide Ext.P11, had asked him to provide an

Equivalency/Recognition Certificate, so as to enable him to be entitled

to complete the course in question. He added that, normally a student

can be granted admission only if he satisfies the requirements

regarding his eligibility, but that since the petitioner failed to produce

any qualification certificate, which is recognized by the Kannur

University, his prayer to have his results published cannot be

conceded to. He thus prayed that this writ petition be dismissed.

6. I have examined the afore submissions with specific

reference to various materials on record.

7. It is the specific case of the petitioner that he had been WP(C) NO. 2641 OF 2014

granted admission to the course and permitted to appear for the

examinations, as is evident from Exts.P2 and P3 hall tickets and that

no requirement for production of an Equivalency Certificate had been

put to him at any point of time until then. His argument is that, had

there been any such requirement, he should have been put on notice

and granted time to produce the same; but that it is grossly

inequitable to have withheld his results, after he was allowed to write

the examination, citing the reason that his educational qualification,

namely Ext.P1, had not been recognized by the Kannur University. As

an alternative submission, he argues that Kannur University could not

have rejected Ext.P1 certificate produced by him because it was

recognized by it under the relevant Regulations at that point of time,

which is evident from the fact that no objections were ever raised

before he had been granted registration, thus enabling him to write

the examinations.

8. In fact, the petitioner also relies on Ext.P12 order issued by

the Kannur University dated 26.04.2019, in which, he says that

Recognition/Equivalency Certificate for a course like Ext.P1 has been

found to be not mandatory. On such contextual basis, he prays that

competent Authority of the University be directed to publish the

results of the examinations which he took through Exts.P2 and P3 hall

tickets.

WP(C) NO. 2641 OF 2014

9. I must say that there is some force in the afore submissions

of the petitioner on facts, because he had been granted admission by

the College and offered registration by the University on the strength

on which alone, Exts.P2 and P3 hall tickets had been issued.

10. Indubitably, if Ext.P1 had not been recognized, then no

registration ought to have been given to the petitioner by the

University and if his admission had been rejected before granting of

registration at the inception, this Court could not have found anything

wrong in its such action.

11. However, instead of doing so, they waited until the

petitioner wrote both the semester examinations, followed by viva

voce, as also the submission of his Project.

12. I fail to understand how the University could have

permitted the petitioner to go through all these phases of the course, if

Ext.P1 was found to be not recognized by them in the first place.

13. There is no cogent explanation offered to this by the

University even in their counter pleadings and this is crucial because,

going by Ext.P12, it is of course much later in the year 2019, the

University appears to be taking a stand which may favour the

petitioner.

14. I am, therefore, of the firm view that University must

reconsider the case of the petitioner, taking note of the afore aspects, WP(C) NO. 2641 OF 2014

thus leading to an appropriate order to be issued without any further

delay, particularly because the petitioner has been waiting before this

Court for the last more than eight years.

Resultantly, I order this writ petition to the limited extent of

directing the competent Authority of the University to immediately

hear the petitioner, adverting to Ext.P12 and to my observations

above; thus culminating in an appropriate order and necessary action

thereon, as expeditiously as is possible but not later than six weeks

from the date of receipt of a copy of this judgment.

If, through the afore exercise, the petitioner is found eligible to

be granted the benefit of declaration of results of the examinations

which he had taken pursuant to Exts.P2 and P3 hall tickets, necessary

consequential action for such purpose shall be taken without any

avoidable delay thereafter.

SD/-

DEVAN RAMACHANDRAN JUDGE MC/rp WP(C) NO. 2641 OF 2014

APPENDIX OF WP(C) 2641/2014

PETITIONER EXHIBITS

Exhibit P1 COPY OF DEGREE CERTIFICATE IN ENGLISH LANGUAGE AND LITERATURE OBTAINED FROM ALLAHABAD UNIVERSITY.

Exhibit P2 COPY OF HALL TICKET OF THE 1ST SEMESTER OF PGDCP DEGREE EXAMINATION.

Exhibit P3 COPY OF HALL TICKET OF THE 2ND SEMESTER OF PGDCP DEGREE EXAMINATION.

Exhibit P4 COPY OF PGDCP COURSE CERTIFICATE DTD.30.5.2009 ISSUED BY 4TH RESPONDENT TO THE PETITIONER.

Exhibit P5 COPY OF SYLLABUS OF UNIVERSITY, ATTESTED BY REGISTRAR OF ALLAHABAD UNIVERSITY.

Exhibit P6 COPY OF MEMO DTD.10.1.2011 ISSUED BY KANNUR UNIVERSITY TO THE PETITIONER.

Exhibit P6(A) COPY OF TERRITORIAL JURISDICTION CERTIFICATE ISSUED BY THE ALLAHABAD UNIVERSITY DTD.29.4.2011.

Exhibit P7 COPY OF QUIVALENCY CERTIFICATE ISSUED BY KERALA UNIVERSITY DTD.23.9.2009.

Exhibit P8 COPY OF GENUINESS CERTIFICATE DTD.30.3.2013 ISSUED BY ALLAHABAD UNIVERSITY.

Exhibit P9 COPY OF MEMO DTD.19.6.2013 ISSUED BY 1ST RESPONDENT TO THE PETITIONER.

Exhibit P10 COPY OF THE REPRESENTATION DTD.11.9.2013 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT.

Exhibit P11 COPY OF LETTER ISSUED BY 1ST RESPONDENT UNIVERSITY TO THE PETITIONER DTD.16.12.2012.

Exhibit P12 TRUE COPY OF ORDER U.O.NO.ACA.G1/E.C-GENERAL MATTERS/2019 DATED 26-4-2019 ISSUED BY KANNUR UNIVERSITY.