Mohamed Ashique M.T vs University Of Calicut
2023 Latest Caselaw 11743 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                       WP(C) NO. 31029 OF 2023
PETITIONER:

          MOHAMED ASHIQUE M.T,
          AGED 29 YEARS
          S/O MAMMUTTY, MAMMUTTY BHAVAN, BLOCK ROAD,
          VENGARA, MALAPPURAM, PIN - 676 304

          BY ADVS.
          P.ABDUL NISHAD
          NAJMA THABSHEERA.T
          K C MOHAMED RASHID


RESPONDENTS:

    1     UNIVERSITY OF CALICUT,
          REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY
          P.O.,THENJIPALAM, MALAPPURAM, PIN - 673 635

    2     THE REGISTRAR,
          UNIVERSITY OF CALICUT,CALICUT UNIVERSITY P.O.,
          THENJIPALAM, MALAPPURAM, PIN - 673 635

    3     LBS CENTRE FOR SCIENCE & TECHNOLOGY,
          REPRESENTED BY ITS CHAIRPERSON,
          EXTRA POLICE ROAD, NANDAVANAM, PALAYAM,
          THIRUVANANTHAPURAM, KERALA, PIN - 695 033


          SRI. P. C.SASIDHARAN, SC.
          SMT. SHAMEENA SALAHUDHEEN, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31029 OF 2023
                                        2



                                 T.R.RAVI.J
              -------------------------------------------------------
                         WP(C) No.31029 of 2023
             --------------------------------------------------------
              Dated this the 16th day of November, 2023

                                JUDGMENT

The prayer in the writ petition is for a direction to the

2nd respondent to issue an order or authorization to the 3 rd

respondent that the MBA Degree of the petitioner is equivalent

to M.Com for the purpose of SET in Commerce in the light of

Ext.P11 prospectus. There is also a prayer for a direction to

the 3rd respondent to issue the SET qualifying Certificate in

view of Ext.P11 within a time frame. The petitioner completed

his Higher Secondary in Commerce and graduated in

Commerce with a Bachelor of Commerce degree. Thereafter,

he pursued MBA and completed the same. He applied for SET,

2024 in the Commerce stream and passed the exam and he

approached the 3rd respondent for issuance of SET certificate. WP(C) NO. 31029 OF 2023

The 3rd respondent directed the petitioner to produce

equivalency certificate or any order to the effect that the MBA

course of the petitioner is equivalent to M.Com. The reason

for such insistence is that the prospectus for SET specifically

says that the candidate having qualification other than those

mentioned in Table 1 of the prospectus should furnish

equivalency and eligibility certificates obtained from any of the

Universities in Kerala. Management is not a subject which has

been included in Table 1. However, Commerce is a subject

which has been included in the Table. The petitioner submits

that since management comes under Commerce, it should be

treated as included in Table 1 and therefore the 3 rd respondent

is bound to issue the said certificate. In support of the said

contention, it is submitted that for the purpose of admission

for B.Ed in Commerce stream, the eligibility that is insisted is

either M.Com or MBA and hence it is evident that MBA also WP(C) NO. 31029 OF 2023

comes under the Commerce stream. There is no doubt that

MBA also comes under the Commerce stream. At the same

time, the courses M.Com and MBA are totally different and

the course materials as well as the purpose of two courses are

different. As such, the prayer for issuance of an equivalency

certificate cannot be granted, particularly since the University

submits that they had already taken a decision that the two

are not equal. It is stated that the Chairman, Board of Studies

in Commerce after considering similar requests, recommended

that qualification stated for admission to B.Ed. Commerce is

50% mark in B.Com or 55% mark in MBA and that the

eligibility for admission to M.Com is B.Com/BBA while

eligibility for admission to MBA is any degree. Hence the

recommendation is that M.Com programme cannot be equated

to MBA programme. The prayer for issuance of equivalency

certificate hence cannot be allowed. The only other question is WP(C) NO. 31029 OF 2023

whether an eligibility certificate can be granted. For grant of

eligibility certificate, the University has its own norms.

Therefore, this writ petition is disposed of directing the

University to consider whether the petitioner can be issued an

eligibility certificate in view of the fact that MBA and M.Com

are treated as coming under the Commerce stream as far as

admission to B.Ed is concerned. The University may also take

into consideration the fact that the SET examination only takes

in Commerce as a subject which includes management also

and hence whether for the said purpose, an eligibility can be

granted. Necessary decision shall be taken within two months

from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 31029 OF 2023

APPENDIX OF WP(C) 31029/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE HIGHER SECONDARY EXAMINATION CERTIFICATE DATED 20.05.2011 Exhibit P2 TRUE COPY OF THE B.COM. DEGREE CERTIFICATE DATED 22.09.2015 Exhibit P3 TRUE COPY OF THE MBA DEGREE CERTIFICATE BEARING REGISTRATION NO. FIAPMBA064 DATED 13.03.2019 Exhibit P4 TRUE COPY OF THE PROSPECTUS AND NOTIFICATION FOR SET Exhibit P5 TRUE COPY OF THE SCORE CARD OF THE SET DATED 01.03.2023 Exhibit P6 TRUE COPY OF THE APPLICATION DATED 24.04.2023 FOR SET QUALIFYING CERTIFICATE Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.07.2023 Exhibit P8 TRUE COPY OF THE MEMO NO.218132/GA-IV-E1/ 2018/ADMN DATED 25.07.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF M.COM.

SYLLABUS Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF MBA SYLLABUS Exhibit P11 TRUE COPY OF PROSPECTUS OF CALICUT UNIVERSITY FOR B.ED. ADMISSION DATED 01.06.2023

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE