Jayaprakash Sivaji vs The University Of Kerala
2022 Latest Caselaw 7898 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                       WP(C) NO. 12765 OF 2021
PETITIONER:

          JAYAPRAKASH SIVAJI, AGED 35 YEARS
          S/O. S.JAYAPRAKASH, RESIDING AT SIVALEKSHMI, VENNICODE
          PO, VARKALA, TRIVANDRUM, PIN-695318.

          NIDHIN RAJ VETTIKKADAN
          ADESH JOSHI



RESPONDENTS:

    1     THE UNIVERSITY OF KERALA
          REPRESENTED BY ITS REGISTRAR, UNIVERSITY SENATE HOUSE
          CAMPUS, THIRUVANANTHAPURAM, PIN-695034.

    2     THE VICE CHANCELLOR,
          UNIVERSITY OF KERALA, UNIVERSITY SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM, PIN-695034.

    3     THE CONTROLLER OF EXAMINATIONS,
          UNIVERSITY OF KERALA, UNIVERSITY SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM, PIN-695034.

    4     PROFESSOR AND HEAD OF DEPARTMENT,
          INSTITUTE OF MANAGEMENT IN KERALA (IMK), UNIVERSITY OF
          KERALA, KARIAVATTOM CAMPUS, KARIAVATTOM,
          THIRUVANANTHAPURAM, PIN-695581.

    5     THE UNIVERSITY INSTITUTE OF MANAGEMENT (FORMER IMK),
          REPRESENTED BY ITS COORDINATOR, GURUDEV BUILDING,
          SIVAGIRI, VARKALA, THIRUVANANTHAPURAM, PIN-695145.

          BY ADV SRI.THOMAS ABRAHAM, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12765 OF 2021
                                        2


                                  JUDGMENT

The petitioner assails Ext.P10 proceedings of the

University of Kerala, whereby, a request for redo of the internal

examinations of MBA Course has been rejected solely for the

reason that he has already obtained a Transfer Certificate from

the College in which he was undergoing the course.

2. The petitioner contends that Ext.P10 is egregiously

improper because this Court had, in Ext.P9 judgment obtained

by him on an earlier occasion, directed the Syndicate of the

University to consider his request taking note of the precedent

in the case of another student by name Saranya R., who had

been given a chance to redo her examination in identical

situation. He alleges that, instead of doing so, Ext.P10 has

been issued on a hyper-technical ground saying that he has

already been issued with a Transfer Certificate.

3. The petitioner thus prays that Ext.P10 be quashed and

the University be directed to act as per the directions in Ext.P9

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

4. The afore request of the petitioner, as made by his

learned counsel - Smt.Anitha Mathai Muthirenthy, was

answered by Sri.Thomas Abraham - learned standing counsel WP(C) NO. 12765 OF 2021

for the University, saying that Ext.P10 has been issued by his

client noticing a practical difficulty in readmitting the

petitioner to the Course, after he had obtained a Transfer

Certificate. He submitted that, therefore, if the petitioner can

surrender the Transfer Certificate, it can be construed that he

is continuing in the course, thus being considered for being

granted a chance to redo the internal examination, as was done

in the case of the aforementioned Smt.Saranya R.

5. In reply, Smt.Anitha Mathai Muthirenthy submitted

that there is no legal impediment in her client surrendering the

Transfer Certificate; but disclosed that he had, in the

meanwhile, completed his LLB degree course.

6. When I consider the afore submissions, it is evident

that the directions in Ext.P9 judgment was clearly to the effect

that the Syndicate of the University was to consider granting

the same benefit to the petitioner, as had been offered to the

aforementioned Smt.Saranya R. However, instead of doing so,

it has now issued Ext.P10 order rejecting the plea, merely

saying that the petitioner had already been granted a Transfer

Certificate.

7. Though, technically, the grant of a Transfer Certificate

would severe the relationship between the petitioner and his WP(C) NO. 12765 OF 2021

alma mater, the said factum alone cannot be a reason to deny

him benefit, especially when he is now willing to surrender the

said Transfer Certificate to the University.

8. In the afore circumstances, I order this writ petition

with the following directions:

(a) The petitioner shall, within a period of two weeks

from the date of receipt of a copy of this judgment, surrender

the Transfer Certificate obtained by him to the College which

issued it.

(b) On such surrender being made, the College will

intimate the same to the University forthwith, but not later

than a week thereafter.

(c) On such intimation being received by the University,

its Syndicate will consider the case of the petitioner for redo of

the internal examination in terms of the directions in Ext.P9

judgment, adverting to the case of the aforementioned

Saranya R., which is reflected in its earlier decision.

(d) The resultant order shall be communicated to the

petitioner as expeditiously as is possible, but not later than one

month from the date on which the University receives the

intimation in terms of the above.

I make it absolutely clear that the directions in this WP(C) NO. 12765 OF 2021

judgment are only for the petitioner and no one else and that it

cannot operate as a precedent in future, because it has been

issued in the specific matrix of the factual circumstances

presented.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 12765 OF 2021

APPENDIX OF WP(C) 12765/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF RELEVANT PAGE OF THE MALAYALA MANORAMA DAILY DATED 16.11.2012.

Exhibit P2 A TRUE COPY OF THE LETTER NO.IMK/MISC/VARKALA IMK/2013 DATED 2.1.2013 BY THE 4TH RESPONDENT.

Exhibit P3 A TRUE COPY OF THE ORDER DATED 10.7.2013 OF HON'BLE KERALA LOKAYUKTA IN COMPLAINT NO.849/2013.

Exhibit P4 A TRUE COPY OF THE CIRCULAR NO.IMK/VKL/229/2013 DATED 18.7.2013 BY THE 5TH RESPONDENT.

Exhibit P5 A TRUE COPY OF THE TRANSFER CERTIFICATE SL.

NO.10 DATED 24.9.2013.

Exhibit P6 A TRUE COPY OF THE COURSE COMPLETED CERTIFICATE NO.IMK/VKL/16/14 DATED 28.5.2014.

Exhibit P7 A TRUE COPY OF THE CONSOLIDATED MARK SHEET SERIAL NO.29 BOOK NO.84 DATED 17.11.2016.

Exhibit P8 A TRUE COPY OF THE SYNDICATE MINUTES DATED 13.3.2020.

Exhibit P9 A TRUE COPY OF JUDGMENT IN WP(C) NO.28683 OF 2020(1) DATED 3.2.2021.

Exhibit P10 A TRUE COPY OF THE SYNDICATE DECISION LETTER NO.CSS/ADMIN/1396/2021 DATED 28.4.2021.

Exhibit P11 TRUE COPY OF LETTER DRAFTED AND SEND TO SPIO FOR INFORMATION UNDER RTI ACT DATED 25-01-2022.

Exhibit P12 TRUE COPY OF REPLY LETTER NO. WP(C) NO. 12765 OF 2021

1072/RTI.4/2021-22 UNDER RTI ACT FROM SPIO DATED 26-02-2022 RECEIVED ON 02-03-2022.