Kerala High Court
Aromal M.N vs State Of Kerala, Represented By ... on 23 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO. 8229 OF 2023
PETITIONER:
AROMAL M.N
AGED 24 YEARS
S/O MURALEEDRAN NAIR, REVATHY, PALAPALLI LANE,
KAROOR, POTHENCODE P.O THIRUVANTHAPURAM, PIN -
695584
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
ANTONY NILTON REMELO
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO
HIGHER EDUCATION DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
2 UNIVERSITY OF CALICUT, REPRESENTED BY ITS
REGISTRAR
CALICUT UNIVERSITY, TIRUR - CALICUT RD,
THENHIPALAM, MALAPPURAM, PIN - 673635
3 THE REGISTRAR, UNIVERSITY OF CALICUT
TIRUR - CALICUT RD, THENHIPALAM, MALAPPURAM,
KERALA, PIN - 673635
4 THE CONTROLLER OF EXAMINATIONS, CALICUT
UNIVERSITY
TIRUR - CALICUT RD, THENHIPALAM, MALAPPURAM,
KERALA, PIN - 673635
5 BOARD OF STUDIES, REPRESENTED BY ITS CHAIRMAN
UNIVERSITY OF CALICUT, TIRUR - CALICUT RD,
THENHIPALAM, MALAPPURAM, KERALA, PIN - 673635
6 UNVERSITY GRANTS COMMISSION, REPRESENTED BY ITS
SECRETARY
BAHADURSHA ZAFAR MARG, DEPARTMENT OF HIGHER
EDUCATION MINISTRY OF HUMAN RESOURCE DEVELOPMENT
127 C SHASTRI BHAWAN, NEW DELHI, PIN - 110115
W.P.(C).No.8229 of 2023
-: 2 :-
7 ANNAMALAI UNIVERSITY, REPRESENTED BY ITS
REGISTRAR
ANNAMALI UNIVERSITY, ANNAMALAINAGAR, TAMIL NADU,
PIN - 608002
8 LEAD COLLEGE OF MANAGEMENT, REPRESENTED BY ITS
DIRECTOR
DHONI, PALAKKAD, KERALA, PIN - 678009
9 THE PRINCIPAL, LEAD COLLEGE OF MANAGEMENT
DHONI, PALAKKAD, KERALA, PIN - 678009
10 ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL
COLLEGES IN KERALA, REPRESENTED BY ITS CHAIRMAN
T.C 15/1553-4, PRASANTHI BUILDINGS, M.P APPAN
ROAD, VAZHUTHACAUD, THIRUVANTHAPURAM, PIN -
695014
11 THE CHAIRMAN, ADMISSION SUPERVISORY COMMITTEE
FOR PROFESSIONAL COLLEGES IN KERALA
T.C 15/1553-4, PRASANTHI BUILDINGS, M.P APPAN
ROAD, VAZHUTHACAUD, THIRUVANTHAPURAM, PIN -
695014
BY ADV:SRI.P.C.SASIDHARAN
BY GOVT.PLEADER:SRI.V.K.SUNIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.8229 of 2023
-: 3 :-
Sathish Ninan, J.
==============================
W.P.(C).No.8229 of 2023
==========================
Dated this the 23rd day of March, 2023
JUDGMENT
On the strength of a degree obtained from the
Annamalai University through distant mode of
learning during the academic year 2019-2022, the
petitioner secured admission for MBA Course at
LEAD College, Palakkad. The College is affiliated
to the University of Calicut. Though the
petitioner had, as evidenced by Ext.P3, applied
for equivalency with regard to his B.A. degree
obtained from the Annamalai University, the same
was not considered by the Calicut University in
the light of the public notice issued by the UGC
with regard to the validity of Distance Education
W.P.(C).No.8229 of 2023
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Courses conducted beyond the territory of the
respected Universities.
2. The issue was set at rest by the High
Court of Madras in its judgment dated 20/01/2023
in W.A.No.606 of 2015 and connected cases. As per
judgment dated 20/01/2023 it was held that the
Universities are not entitled to conduct Distance
Education Courses beyond the territory of
respective Universities. The said finding was
based on UGC regulations which was held to
prevail. However, the Court had saved the students
who were admitted and had completed their courses
prior to the passing of the judgment (20/01/2023).
As noticed, the petitioner has completed the
course prior to the said date.
3. In the light of the above, Ext.P3
application submitted by the petitioner is liable
W.P.(C).No.8229 of 2023
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to be considered by appropriate authority of the
Calicut University. The same shall be done
expeditiously.
4. Since the petitioner is presently
undergoing the course of MBA and has attended the
1st semester, it is only equitable that he be
permitted to appear for the 1st semester
examinations to be held on 28/03/2023,
provisionally. It is made clear that the
petitioner shall not be entitled to make any
equitable claim by virtue of this permission if
ultimately the equivalency is declined by the
University.
The writ petition is disposed of with the
above directions.
Sd/-
Sathish Ninan, Judge
rsr
W.P.(C).No.8229 of 2023
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APPENDIX OF WP(C) 8229/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PROVISIONAL DEGREE
CERTIFICATE DATED 18/11/2022 WITH
REGISTER NO. 004M22085T04472
Exhibit P1A THE TRUE COPY OF THE MIGRATION
CERTIFICATE DATED 17-02-2023 ISSUED TO
THE PETITIONER BY ANNAMALAI UNIVERSITY
Exhibit P2 THE TRUE COPY OF THE IDENTITY CARD
ISSUED BY THE LEAD COLLEGE
Exhibit P2A THE TRUE COPY OF ADMISSION FEE RECEIPT
DATED 27-2-2022
Exhibit P2B THE TRUE COPY OF TUITION FEE RECEIPT
DATED 29-12-2022
Exhibit P3 THE SCREENSHOT SHOWING THE EQUIVALENCY
CERTIFICATE APPLICATION NUMBERED AS
22855 SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT UNIVERSITY
(INCOMPLETE AS IT IS NOT PROCESSED BY
THE UNIVERSITY)
Exhibit P4 THE TRUE COPY OF THE NOTICE AND ORDER
DATED 10-5-2022 MENTIONING THE LIST OF
COURSES WHICH CAN BE ISSUED EQUIVALENCY
CERTIFICATE BY UNIVERSITY OF CALICUT
Exhibit P5 THE TRUE COPY OF THE LETTER ISSUED BY
THE 3RD RESPONDENT TO THE PRINCIPAL OF
LEAD COLLEGE, DATED 8-2-2023
Exhibit P5A THE TRUE COPY OF THE ORDER OF ADMISSION
SUPERVISORY COMMITTEE FOR PROFESSIONAL
COLLEGES IN KERALA DATED 24.1.2023
Exhibit P6 THE TRUE COPY OF THE W.A.NO.606 OF 2015
AND W.P.NOS.27185 OF 2015 ETC., BATCH,
DATED 20.1.2023
W.P.(C).No.8229 of 2023
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RESPONDENT ANNEXURES
Annexure R2(a) True copy of the University Order
No.3355/2023/Admn dated 24.02.2023
Annexure R2(b) True copy of the University Order No.
3101/2023/Admn dated 21.02.2023
