Alaina Lynan vs State Of Kerala
2022 Latest Caselaw 2434 Ker

WP(C) NO. 21628 OF 2021     1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                    WP(C) NO. 21628 OF 2021
PETITIONERS:

    1      ALAINA LYNAN
           AGED 20 YEARS
           D/O LYNAN, KIZHAKKEMATTUMMEL HOUSE, P.O.PADIYOOR,
           THRISSUR-680688.

    2      ALISHBA R.BASHEER
           AGED 21 YEARS
           D/O BASHEER, RAYA MARAKKAR HOUSE, P.O.NADUVIKARA,
           VADANAPPILLY, THRISSUR-680614.

    3      AMINA BEEVI K.M.
           AGED 22 YEARS
           D/O MUHAMED, ASHRAF K.K, KARANAPARAMBIL HOUSE,
           P.O.KATTOOR, THRISSUR-680702.

    4      APARNA RAVEENDRAN
           AGED 22 YEARS
           D/O RAVEENDRAN, KARAKKULATH HOUSE, P.O.VALLIVATTOM
           PYNGODE, THRISSUR-680123.

    5      FATHIMA HANIYYA
           AGED 21 YEARS
           D/O NAZAR KOTTAI, KOTAI HOUSE, P.O.EDATHIRUTHY,
           THRISSUR-680703.

    6      ARYA T.SURENDRAN
           AGED 21 YEARS
           D/O SURENDRAN,
           THRIPPAYYAMADATHIL HOUSE,
           P.O.NADAVARAMBA, IRINJALAKUDA, THRISSUR-680661.

    7      CHRISTY DARLY
           AGED 21 YEARS
           D/O DARLY,
           CHIRAYATH HOUSE, P.O.KORATTY, THRISSUR-680308.

    8      SUVITHA M.R.
           AGED 22 YEARS
           D/O RAVEENDRAN, MOOTHERY HOUSE, P.O.CHAZHUR,
 WP(C) NO. 21628 OF 2021      2

          THRISSUR-680571.

    9     KRISHNA PRIYA K.R.
          AGED 22 YEARS
          D/O RAJESWARAN, KATTIKULAM HOUSE,
          P.O.KADDUPASSERY, THRISSUR-680683.

   10     SRUTHI JAYAN M.
          AGED 20 YEARS
          D/O JAYAKUMAR, MEDATH HOUSE, P.O.MANAKODY,
          THEKKUMURI, THRISSUR-680012.

   11     CHAITHANYA B.S.
          AGED 22 YEARS
          D/O BIJU T.,
          AZHIMOODU HOUSE, MEL-
          KADAKKAVOOR P.O, KADAKKAVOOR,
          THIRUVANANTHAPURAM-695309.

          BY ADVS.
          K.P.PRADEEP
          HAREESH M.R.
          RASMI NAIR T.
          T.T.BIJU
          T.THASMI
          M.J.ANOOPA



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF
          KERALA, GOVERNMENT SECRETARIATE,
          THIRUVANANTHAPURAM-695001.

    2     UNIVERSITY OF CALICUT
          CALICUT UNIVERSITY P.O, MALAPPURAM-673635,
          REPRESENTED BY ITS REGISTRAR.

    3     REGISTRAR
          UNIVERSITY OF CALICUT,
          CALICUT UNIVERSITY P.O,
          MALAPPURAM-673635.

    4     PRINCIPAL
          ST.JOSEPH'S COLLEGE,
          IRINJALAKUDA, THRISSUR-680121.
 WP(C) NO. 21628 OF 2021          3

     5       UNIVERSITY GRANTS COMMISSION
             BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002,
             REPRESENTED BY ITS SECRETARY.

          BY ADVS.
          SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
          BIJU BALAKRISHNAN
          SRI.S.KRISHNAMOORTHY, CGC
          K.J.GISHA
          ANJANA KANNATH
          AJMAL P.




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.03.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 21628 OF 2021                  4



                                        JUDGMENT

The petitioners have approached this Court seeking the following

reliefs:.

i) To call for the records leading to issue Ext.P8 and issue a writ of mandamus or any other writs or order or direction to the 2nd and 3rd respondent herein to permit the petitioners to apply for the Post Graduate Course in MSc.Microbiology, treating that degree in B.Voc. Applied Microbiology and Forensic Science, satisfies the condition of degree course with microbiology as main/core subject.

ii) To declare that the denial of permission to apply and join for post graduate course in Msc/Microbiology at the 2nd respondent University to the students who are successfully completed B.Voc in Applied Microbiology and Forensic science, covered by Ext.P3 is arbitrary, unreasonable and discriminatory and thereby unconstitutional.

iii) To issue a writ of mandamus, or any other writs or order or direction to direct the 2nd and 3rd respondents herein to grant the eligibility to the Degree Course in B.Voc in Applied Microbiology and Forensic Science, covered by Ex.P3, as an eligible qualification for the admission to the Post-Graduate course in Msc.Microbiology in the 2nd respondent University.

iv) To issue a writ of mandamus, or any other writs or order or direction to direct the 2nd and 3rd respondents herein to issue the Provisional Degree Certificate of the petitioners for their course B.Voc in Applied Microbiology and Forensic Science, forthwith or within time limit fixed by this Hon'ble Court, in the peculiar facts under consideration.

2. When this writ petition came up for admission on 13.10.2021,

this Court, as an interim measure, permitted the petitioners to apply for the

Post Graduate course in MSc Microbiology as per Ext.P8 notification. On the

strength of the interim order, some of the petitioners have already joined the

course.

3. In the counter affidavit filed by the University, it is stated that as

per Ext.R4(k)proceedings vide U.O.No.12843/2021/Admn dt 22.10.2021, the

University has revised the eligibility criteria for the MSc Microbiology

programme and a student with a BVoc Applied Microbiology and Forensic

Science Degree of the Calicut University or an equivalent degree from other

Universities/Institutes (with more than 40 credits for microbiology

component) with a minimum of 50% marks or equivalent grade would be

treated as eligible to apply for MSc Microbiology Programme.

4. In view of the above, the grievance of the petitioners stands

redressed. The students who have already secured admission based on the

interim order passed by this Court shall be entitled to regularisation of their

admission.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 21628/2021

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE GUIDELINES FOR INTRODUCTION OF B.VOC PROGRAMME ISSUED BY THE UNIVERSITY GRANTS COMMISSION.

Exhibit P1(a) TRUE COPY OF THE ORDER NO.DO NO F 2-7/2014 (CC/NVEQF/MISC DATED 3/8/2016 ISSUED BY THE UNIVERSITY GRANTS COMMISSION.

Exhibit P2 TRUE COPY OF THE ORDER UO NO.3024/2019/ADMN DATED 27/02/2019 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPROVED SYLLABUS FOR THE COURSE OF DEGREE OF BACHELOR OF VOCATION IN APPLIED MICROBIOLOGY AND FORENSIC SCIENCE OF THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE U.O NO.15193/2019/ADMN DATED 28/10/2019 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER UO NO.7451/2014/ADMN DATED 1/8/2014 WITH SYLLABUS ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE PROCEEDINGS NO.49015/DOA-

ASST-3/2021/ADMN (II) DATED 27/04/2021 ISSUED BY THE 2ND RESPONDENT ON ELIGIBILITY CRITERIA FOR PG PROGRAMMES 2021-22.

Exhibit P7 TRUE COPY OF THE PROCEEDINGS NO.99291/DOA-

ASST-5/2021/ADMN (II) DATED 24.09.2021 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

Exhibit P8 TRUE COPY OF THE NOTIFICATION NO.99291/DOA-

ASST-5/2021/ADMN DATED 24.09.2021 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

Exhibit P9 TRUE COPY OF THE PRESS RELEASE DATED 2.10.2021 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

Exhibit P10 TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO POST GRADUATE PROGRAMME PG CAP-2021-2022

NO.99291/DOA-ASST-5/2021/ADMN (I) DATED 24.09.2021 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.

Exhibit P11 TRUE COPY OF THE CONSOLIDATED GRADE SHEET IN REGISTER NUMBER SJASBVE001 DATED 8/9/2021 OF THE 1ST PETITIONER.

Exhibit P12 TRUE COPY OF THE FORWARDING LETTER NO.A153/SJC/B.VOC/ELG/2019 DATED 3.12.2019 SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P13 TRUE COPY OF THE FORWARDING LETTER NO.A29/SJC/UC/B.Voc/2020 DATED 30.09.2020 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P14 TRUE COPY OF THE REPRESENTATION NO.A-

29/SJC/UC/B.voc/2020 DATED 28/09/2021 SUBMITTED BY THE 4TH RESPONDENT TO THE VICE CHANCELLOR OF THE 2ND RESPONDENT UNIVERSITY.

Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 8/5/2021 SUBMITTED BY THE 7TH PETITIONER TO THE VICE CHANCELLOR OF THE 2ND RESPONDENT.

Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED 8/5/2021 SUBMITTED BY THE 7TH PETITIONER TO THE HIS EXCELLENCY GOVERNOR OF KERALA, THE CHANCELLOR OF THE 2ND RESPONDENT.

Exhibit P17 TRUE COPY OF THE ORDER NO.GO (MS) NO.318/2018/HEDN DATED 31.12.2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P18 TRUE COPY OF THE ORDER NO.U.O NO.957/2019/ADMN DATED 22.01.2019 ISSUED BY THE 2ND RESPONDENT.

Exhibit P19 TRUE COPY OF GO (MS) NO.272/2018/HEDN DATED 13/11/2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P20 TRUE COPY OF THE ORDER NO.U.O NO.6387/2019/ADMN DATED 17/05/2019 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS:

EXHIBIT R4(a) TRUE COPY OF THE CERTIFICATE AS CENTER FOR POTENTIAL FOR EXCELLENCE, BY THE UNIVERSITY GRANTS COMMISSION

EXHIBIT R4(b) TRUE COPY OF THE CERTIFICATION OF THE COLLEGE AS AUTONOMOUS BODY BY THE UGC

EXHIBIT R4(c) TRUE COPY OF THE COURSE PROPOSAL SUBMITTED BY THE COLLEGE BEFORE THE 5TH RESPONDENT

EXHIBIT R4(d) TRUE COPY OF THE PROCEEDINGS DT.30.08.2018 OF THE COLLEGE SUBMITTED BEFORE THE 2ND RESPONDENT FOR APPROVAL OF AFFILIATION OF ABOVE MENTIONED TWO B.VOC COURSES.

EXHIBIT R4(e) TRUE COPY OF THE PROCEEDINGS U.O NO.957/2019/ADMN OF THE 2ND RESPONDENT

EXHIBIT R4(f) TRUE COPY OF THE MINUTES OF BOARD OF STUDIES

EXHIBIT R4(g) TRUE COPY OF THE LETTER DT.30.08.2018 OF THE 4TH RESPONDENT TO THE 2ND RESPONDENT

EXHIBIT R4(h) TRUE COPY OF THE REQUEST DT.03.12.2019 BY THE 4TH RESPONDENT TO THE REGISTRAR OF THE 2ND RESPONDENT

EXHIBIT R4(i) TRUE COPY OF THE REMINDER LETTER DT.30.09.2020 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE REGISTRAR OF THE 2ND RESPONDENT

EXHIBIT R4(j) TRUE COPY OF THE LETTER DT.28.09.2021 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT

EXHIBIT R4(k) TRUE COPY OF THE PROCEEDINGS U.O NO.12843/2021/ADMN, DT.22.10.2021

EXHIBIT R4(l) TRUE COPY OF THE LETTER DT.23.10.2021 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT