Subin Jose M vs Sree Sankaracharya University Of ...
2022 Latest Caselaw 7899 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. 20416 OF 2022
PETITIONERS:

    1     SUBIN JOSE M, AGED 30 YEARS
          S/O JOSEPH M.A., MAMKOOTTATHIL (H), KAKKAD P.O.,
          PUTHUPPADI, KOZHIKODE - 673586.

    2     PRIYANKA RAJEEV, AGED 28 YEARS, D/O RAJEEV G.,
          RAJEEV BHAVANAM, PUTHUPPALLIKKUNNAM, CHARUMMOOD P.O.,
          ALAPPUZHA - 690505.

    3     HARIPRIYA SADANANDAN, AGED 34 YEARS, D/O DILSHAD B.,
          CHERUKUNNATHU (H), MEPRATHUPADY, VENGOLA P.O.,
          PERUMBAVOOR - 683554.

    4     HAREESH T., AGED 32 YEARS, S/O THANKAMMU, THAYYIL (H),
          ARIYALLUR, MALAPPURAM - 676312.

          K.S.ARUN KUMAR
          RAJEE P MATHEWS
          AMRUTHA P S
          AMRUTHA K P
          VIJAY SANKAR V.H.
          SRUTHY UNNIKRISHNAN
          AISWARYA E J VETTIKOMPIL


RESPONDENTS:

    1     SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
          KALADY 683574, REPRESENTED BY ITS REGISTRAR.

    2     THE REGISTRAR, SREE SANKARACHARYA UNIVERSITY OF
          SANSKRIT, KALADY - 683574.

    3     THE VICE CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF
          SANSKRIT, KALADY - 683574.

          SRI.DINESH MATHEW MURICKEN-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. 20416 OF 2022
                                 2


                             JUDGMENT

The petitioners are holders of Master Degree in various

disciplines and they applied for admission to the course of

Master of Social Worker (MSW) offered by the first respondent -

University. They say that though they were initially offered

admission, it was thereafter cancelled solely saying that only

Bachelor Degree holders are eligible to be admitted and not

Master Degree holders. The petitioners say that this is

egregiously improper and contrary to every tenet of law; and

therefore, prays that Ext.P1 notification, to the extent to which

it discriminates against Master Degree holders, be set aside.

2. Smt.Aiswarya E.J.Vettikompil - learned counsel for the

petitioners, submitted that her clients have already approached

the third respondent - Vice Chancellor through Ext.P7 series of

representations impelling the afore plea; and thus alternatively

prayed that the same be directed to be disposed of by the said

Authority without any further delay.

3. Sri.Dinesh Mathew J.Murikan - learned standing counsel

for the University, submitted that counter pleadings have been

filed by his client on record to the effect that the applicable

Regulations relating to MSW course of the University inhibits WP(C) NO. 20416 OF 2022

admission to a person who has obtained a Master Degree to the

said Programme. He, however, added that if this Court is only

inclined to direct the third respondent to take up Exts.P7 series

of representations and to dispose of the same in terms of law, he

would not stand in the way of appropriate orders being issued;

however, praying that this Court may not make any affirmative

declarations as to the entitlement of the petitioners to any relief

and leave it to the competent Authority to take a decision on it

in terms of law. He explained that he is making this plea

because the third respondent has already decided to revisit the

Regulations appropriately, particularly because the inhibition

contained therein appears to be slightly vague.

4. When I consider the afore submissions and go through

the Regulations covering the MSW course (a copy of which has

been handed across the Bar by the learned standing counsel for

the University), it specifies that no person shall be eligible for

admission to PG Programme if he/she is either currently in the

roll for PG Programme, or has already attended such in the

past. The petitioners are certainly not on the roll of any PG

Programme as on today and the question whether they have

already attended a PG Programme is vague, because it does not

say that they must have qualified or otherwise, through such a WP(C) NO. 20416 OF 2022

course.

5. I am, therefore, of the firm view that the entire matter

will require to be reconsidered by the third respondent, which I

am certain he will do, taking note of the importance involved.

This shall be done after hearing the petitioners, as also

adverting to their specific contentions; thus culminating in an

appropriate order and necessary action thereon, as

expeditiously as is possible, but not later than two months from

the date of receipt of a copy of this judgment.

6. Needless to say, until such time as the afore exercise is

completed and the resultant order communicated to the

petitioners, their admission presently offered to them shall not

be cancelled.

This writ petition is thus ordered.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 20416 OF 2022

APPENDIX OF WP(C) 20416/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTIFICATION NO.

2246/ACD.B1/SSUS/2022 DATED 26.03.2022 OF THE RESPONDENT UNIVERSITY

Exhibit P2 A TRUE COPY OF THE ONLINE APPLICATION OF THE 1ST PETITIONER WITH APPLICATION NO.

ADMPG2200599

Exhibit P2(A) A TRUE COPY OF THE ONLINE APPLICATION OF THE 2ND PETITIONER WITH APPLICATION NO.

ADMPG2200626

Exhibit P2(B) A TRUE COPY OF THE ONLINE APPLICATION OF THE 3RD PETITIONER WITH APPLICATION NO.

ADMPG2203190

Exhibit P2(C) A TRUE COPY OF THE ONLINE APPLICATION OF THE 4TH PETITIONER WITH APPLICATION NO.

ADMPG2204590

Exhibit P3 A TRUE COPY OF THE PROVISIONAL RANK LIST OF MSW ENTRANCE EXAMINATION DATED 28.5.2022 ISSUED BY THE RESPONDENT UNIVERSITY.

Exhibit P4 A TRUE COPY OF THE INTERVIEW MEMO DATED 10.06.2022 RECEIVED TO THE 1ST PETITIONER FROM THE RESPONDENT UNIVERSITY

Exhibit P4(A) A TRUE COPY OF THE INTERVIEW MEMO DATED 10.06.2022 RECEIVED TO THE 2ND PETITIONER FROM THE RESPONDENT UNIVERSITY

Exhibit P4(B) A TRUE COPY OF THE INTERVIEW MEMO DATED 10.06.2022 RECEIVED TO THE 3RD PETITIONER FROM THE RESPONDENT UNIVERSITY

Exhibit P4(C) A TRUE COPY OF THE INTERVIEW MEMO DATED 10.06.2022 RECEIVED TO THE 4TH PETITIONER FROM THE RESPONDENT UNIVERSITY WP(C) NO. 20416 OF 2022

Exhibit P5 A TRUE COPY OF THE CHALLAN/FEE RECEIPT OF THE 1ST PETITIONER

Exhibit P5(A) A TRUE COPY OF THE CHALLAN/FEE RECEIPT OF THE 2ND PETITIONER

Exhibit P5(B) A TRUE COPY OF THE CHALLAN/FEE RECEIPT OF THE 3RD PETITIONER

Exhibit P5(C) A TRUE COPY OF THE CHALLAN/FEE RECEIPT OF THE 4TH PETITIONER

Exhibit P6 A TRUE COPY OF THE LETTER ALONG WITH THE GUIDELINES BY THE SECRETARY OF UGC, DATED 13.04.2022 TO THE VICE CHANCELLORS OF ALL UNIVERSITIES

Exhibit P7 A TRUE COPY OF THE REPRESENTATION OF THE 1ST PETITIONER DATED 17.6.2022

Exhibit P7(A) A TRUE COPY OF THE REPRESENTATION OF THE 2ND PETITIONER DATED 18.06.2022

Exhibit P7(B) A TRUE COPY OF THE REPRESENTATION OF THE 3RD PETITIONER DATED 16.06.2022

Exhibit P7(C) A TRUE COPY OF THE REPRESENTATION OF THE 4TH PETITIONER DATED 16.06.2022

RESPONDENTS' ANNEXURE:

ANNEXURE R1(A) TRUE COPY OF THE REGULATION FOR THE MSW PROGRAMMES UNDER CBCSS AND OBTLE SYSTEM EFFECTIVE FROM 2019 ADMISSION.