Fathima Karama A.M vs The Commissioner Of Entrance ...
2022 Latest Caselaw 3358 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                            WP(C) NO. 4152 OF 2022
PETITIONER:

              FATHIMA KARAMA A.M., AGED 24 YEARS
              D/O ABDUL SAMATH, AL-AMEEN, POOKKAD, CHEMANCHERI,
              TIRUVANGOOR, KOZHIKODE-673304.

              BY ADVS.
              ARUN THOMAS
              SANTHOSH MATHEW


RESPONDENTS:

     1        THE COMMISSIONER OF ENTRANCE EXAMINATIONS
              OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS,
              HOUSING BOARD BUILDING, SANTHI NAGAR,
              THIRUVANANTHAPURAM-695001.

     2        THE PRINCIPAL, GOVERNMENT LAW COLLEGE, KOZHIKODE,
              VELLIMADUKUNNU, KOZHIKODE-673012.

     3        THE UNIVERSITY OF CALICUT
              THENHIPALAM, CALICUT UNIVERSITY P O, KERALA-673635.,
              REPRESENTED BY ITS REGISTRAR.

     4        SWOJINA F.MUHAMMED
              1ST SEMESTER LLM STUDENT, GOVERNMENT LAW COLLEGE,
              KOZHIKODE-673012, RESIDING AT MPM BUNGALOW,
              NEAR.GOVT.HOMEO HOSPITAL, MOONUKALLINMOODU, NEYYATTINKARA,
              THIRUVANANTHAPURAM-695121.

              BY ADVS.
              ADVOCATE GENERAL OFFICE KERALA
              R.GOPAN
              SRI.P.G.PRAMOD, GOVERNMENT PLEADER(GP-50)

              SRI.P.C.SASIDHARAN, SC, SRI. R.GOPAN-R4
              SRI. P.G. PRAMOD, GP


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4152 OF 2022

                                            2


                                   JUDGMENT

Dated this the 22nd day of March, 2022

This writ petition is filed with the following prayers:-

"(i) Issue a writ in the nature of mandamus or any other writ, order or direction, directing the respondents 1 and 2 to cancel the admission given to the 4 th respondent in the place of the petitioner;

ii) Issue a writ in the nature of mandamus or any other writ, order or direction, directing the respondents 1 and 2 to grant admission to the petitioner based on the spot admission chart prepared by the first and second respondents;

(iii) Issue a writ in the nature of mandamus or any other writ, order or direction, declaring that the 1 st and 2nd respondent cannot insist for equivalency/recognition certificates from the petitioner as per Exhibit.P9 government order for admission to the LL.M course in the academic year 2021-22; and

(iv) To issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit and just under the circumstances of the case."

2. The petitioner obtained B.A.LL.B (Hons) degree from

Aligrah Muslim University. The petitioner applied for LL.M

entrance examination pursuant to prospectus issued by the 1 st WP(C) NO. 4152 OF 2022

respondent. In the entrance examination, the petitioner

obtained rank No.221 and allotted a seat in the Government

Law College, Kozhikode. It is the case of the petitioner that

while verifying the documents, respondent Nos.1 and 2 taken a

stand that the petitioner should produce equivalency certificate

from the 3rd respondent University for admission. According to

the petitioner, as per Ext.P9 no equivalency or recognition shall

be insisted upon for degree obtained from national institutions

like Indian Institute of Technology (IIT), Indian Institute of

Science (IISC), National Institute of Technology (NITs), Indian

Institute of Science Education and Research (IISERs) or other

institutions recognized by the University Grants Commission

(UGC). According to the petitioner, the Aligrah University is

recognized by the University Grants Commission as evident by

Exts.P11, P12 and P15. Hence, this writ petition is filed.

3. Heard the learned counsel for the petitioner,

Standing Counsel appearing for the University and also the

learned counsel appearing for the 4th respondent. WP(C) NO. 4152 OF 2022

4. The reason for rejecting the seat to the petitioner for

LL.M course is that the petitioner has not produced certain

documents mentioned in Clause 20 of Ext.P5. In Clause 20(h)

of Ext.P5, it is stated that, the candidates who passed their

qualifying examination from University/Boards outside the State

shall produce "Eligibility Certificate / Equivalency Certificate"

from a University in Kerala, to the effect that the qualifying

examination has been recognised by the University.

5. A perusal of Ext.P9 Government Order shows that no

equivalency/recognition is necessary if the petitioner obtained a

degree from an institution recognised by the University Grants

Commission. Admittedly, the petitioner obtained the LL.B

degree from Aligrah University which is recognised by

University Grants Commission as evident by Exts.P11 and P15.

Therefore, the denial of seat to the petitioner cannot be

accepted. Admittedly, the 4th respondent already joined in the

college because the petitioner was excluded by the 1 st and 2nd

respondent. When this writ petition came up for consideration, WP(C) NO. 4152 OF 2022

this Court directed the Government Pleader to get instructions

whether any seats are available in other Law Colleges for LL.M

course, so that the 4th respondent need not lose her chance.

The Government Pleader submitted that, one seat for LL.M

course is vacant at Ernakulam Law College and one seat is

vacant at Thrissur Law College. But the counsel appearing for

the 4th respondent submitted that because of financial

stringency, she is not interested to join at Thrissur or Ernakulam

Law Colleges. When this writ petition came for consideration

on 18.03.2022, this Court passed the following order:-

"After going through the pleadings and also Ext.P9 Government Order, according to me, the exclusion of the petitioner is not justified. It is informed that the 4 th respondent already joined in the college.

2. The Government Pleader submitted that one seat for LLM course is vacant at Ernakulam Law College and one seat is vacant at Thrissur Law College.

3. Prima facie, I am of the opinion that the petitioner should be given admission at 2nd respondent college. Therefore, there will be a direction to the 2 nd respondent to allow the petitioner to join in the college of the 2nd respondent. The counsel for the 4th respondent will get instruction whether she is interested to join at Ernakulam Law College or at Thrissur Law College for pursuing her study of LLM."

WP(C) NO. 4152 OF 2022

Based on the same the learned counsel for the petitioner

submitted that the petitioner already joined on 21.03.2022 for

the course. In the light of the same nothing survives in this

case. The petitioner can continue her study at Kozhikode Law

College for LL.M course. Therefore, recording the order dated

18.03.2022, this writ petition is closed. Respondent Nos.1 to 3

will regularize the admission of the petitioner for the LL.M

course at Government Law College, Kozhikode.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

spk WP(C) NO. 4152 OF 2022

APPENDIX OF WP(C) 4152/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF DEGREE CERTIFICATE AND PROVISIONAL DEGREE CERTIFICATE OF THE PETITIONER IN BA LLB (HONOURS) DATED 3.2.2022 AND 12.11.2020.

Exhibit P2 TRUE COPY OF THE MARK LISTS OF THE PETITIONER IN B A LLB (HONOURS) EXAMINATION FOR THE YEARS 2015-2020.

Exhibit P3 TRUE COPY OF THE INCOME CERTIFICATE DATED 16.09.2021 OF THE PETITIONER'S FAMILY.

Exhibit P4 TRUE COPY OF NON-CREAMY LAYER CERTIFICATE DATED 29.07.2021 OF THE PETITIONER'S FAMILY.

Exhibit P5 TRUE COPY OF PROSPECTUS FOR ADMISSION TO LL.M COURSE, KERALA 2021-22 ISSUED BY THE FIRST RESPONDENT.

Exhibit P6 TRUE COPY OF CANDIDATE'S DATA SHEET ISSUED BY THE 1ST RESPONDENT IN RESPECT OF THE PETITIONER.

Exhibit P7 TRUE COPY OF THE SPOT ADMISSION RANK LIST LLM-2022 PREPARED BY THE 2ND RESPONDENT FOR GENERAL CATEGORY DATED 31.01.2022.

Exhibit P8 TRUE COPY OF THE SPOT ADMISSION RANK LIST LLM-2022 PREPARED BY THE 2ND RESPONDENT FOR MUSLIM AND SCHEDULED CASTE CATEGORY DATED 31.01.2022.

Exhibit P9 TRUE COPY OF THE GOVERNMENT ORDER VIDE NO.G.O (MS) NO.272/2018/HEDN DATED 13.11.2018.

WP(C) NO. 4152 OF 2022

Exhibit P10 TRUE COPY OF THE CATEGORY -WISE LIST (PROVISIONAL) PREPARED BY THE 1ST RESPONDENT DATED 24.09.2021 WITH REGARD TO LL.M COURSE-2021.

Exhibit P11 TRUE COPY OF THE PRINTOUT OF THE LIST OF CENTRAL UNIVERSITIES INCLUDED IN THE UGC LISTS AS ON 31-3-2021 TAKEN BY THE PETITIONER FROM THE WEBSITE OF THE UNIVERSITY GRANTS COMMISSION.

Exhibit P12 TRUE COPY CERTIFICATE ISSUED BY THE REGISTRAR OF ALIGARH MUSLIM UNIVERSITY DATED 10-12-2011

Exhibit P13 TRUE COPY OF THE APPROVAL GRANTED BY THE PRESIDENT OF INDIA ESTABLISHING THE MURSHIDABAD AND MALAPPURAM CENTRES DATED 27-4-2010

Exhibit P14 TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY GRANTS COMMISSION DATED 18- 3-2014

RESPONDENT'S/S EXHIBITS:

Exhibit R2(a) TRUE COPY OF THE LETTER NO.CEE/1144/LLM-2021/TA3 DATED 25.01.2022 Exhibit R2(b) TRUE COPY OF RELEVANT PORTION OF THE PROSPECTUS Exhibit R2(c) TRUE COPY OF THE E-MAIL DATED 03.02.2022