Kerala High Court
Seby C Antony vs Mahatma Gandhi University on 25 March, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
2025:KER:25094
WP(C) NO. 31953 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947
WP(C) NO. 31953 OF 2024
PETITIONER:
SEBY C ANTONY
AGED 58 YEARS
ARUKATTIL HOUSE, POOMKAVU, PATHIRAPALLY PO
ALAPPUZHA, KERALA, PIN - 688521
BY ADV SRI SEBY C ANTONY(PARTY-IN-PERSON)
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY
(REPRESENTED BY THE REGISTRAR MG UNIVERSITY)
PRIYADARSHINI HILLS KOTTAYAM, PIN - 686001
2 THE VICE CHANCELLOR
MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS
KOTTAYAM, PIN - 686001
3 THE CONTROLLER OF EXAMINATIONS
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS
KOTTAYAM, PIN - 686001
ADDL.R4 IMPLEADED
ADDL. R4 UNIVERSITY GRANTS COMMISSION
REPRESENTED BY ITS SECRETARY, BAHADUR SHAH
SAFAR MARG, NEW DELHI, 110002 [ADDL . R4 IS
IMPLEADED AS PER ORDER DATED 16.1.2025 IN I.A.
4/2024 IN WP(C) 31953/2024]
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2
ADDL.R5 IMPLEADED
ADDL.R5 BAR COUNCIL OF INDIA
REPRESENTED BY ITS SECRETARY 21,
ROUSE AVENUE , BAL BHAVAN NEW DELHI 110002
[ADDL. R5 IS IMPLEADED AS PER ORDER DATED
25.3.2025 IN I.A.2/2025 IN WP(C) 31953/2024]
BY ADVS.
SRI SURIN GEORGE IPE (SC, MG UNIVERSITY)
S.KRISHNAMOORTHY, SC, UNIVERSITY GRANTS
COMMISSION - UGC
SRI RAJITH ( SC - BAR COUNCIL OF INDIA)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 12.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 31953 OF 2024
3
T.R. RAVI, J.
--------------------------------------------
W.P(C). No. 31953 of 2024
--------------------------------------------
Dated this the 25th day of March, 2025
JUDGMENT
The writ petition has been filed by a party in person.
The grievance of the petitioner is that he is not awarded the
grace marks of 25% for the theory papers for all the
semesters, to which he claims entitled, being a differently
abled person. It is submitted that if he is awarded grace
marks, he will secure the required 75% marks in his B.Com.
LLB (Hons.) Course, which would in turn enable him to get
admission to the Ph.D. programme under the University.
2. The questions to be decided are;
(i) whether a person who has undergone the
Undergraduation course of B.Com LLB (Hons.) is
entitled to aspire for admission to Ph.D. course
and if so,
(ii) whether the petitioner has the required
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minimum marks for getting admission to the
course ?
3. Regarding the question whether persons who have
completed Undergraduate course are entitled for admission to
Ph.D. course, reliance is placed on Regulation 3 of the
University Grants Commission (Minimum Standards and
Procedures for Award of Ph.D. Degree) Regulations, 2022
dealing with the eligibility criteria for admission to the Ph.D.
programme. Regulation 3 reads thus:
"(1) Candidates who have completed:
i. A 1-year/2-semester master's degree
programme after a 4-year/8-semester bachelor's
degree programme or a 2-year/4-semester
master's degree programme after a 3-year
bachelor's degree programme or qualifications
declared equivalent to the master's degree by the
corresponding statutory regulatory body, with at
least 55% marks in aggregate or its equivalent
grade in a point scale wherever grading system is
followed
Or
equivalent qualification from a foreign educational
institution accredited by an assessment and
accreditation agency which is approved,
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recognized or authorized by an authority,
established or incorporated under a law in its
home country or any other statutory authority in
that country to assess, accredit or assure quality
and standards of the educational institution.
A relaxation of 5% marks or its equivalent grade
may be allowed for those belonging to
SC/ST/OBC(non-creamy layer)/Differently-Abled,
Economically Weaker Section (EWS) and other
categories of candidates as per the decision of the
Commission from time to time.
Provided that a candidate seeking admission after
a 4-year/8-semester bachelor's degree
programme should have a minimum of 75%
marks in aggregate or its equivalent grade on a
point scale wherever the grading system is
followed. A relaxation of 5% marks or its
equivalent grade may be allowed for those
belonging to SC/ST/OBC(non-creamy layer)/
Differently-Abled, Economically Weaker Section
(EWS) and other categories of candidates as per
the decision of the Commission from time to time.
(2) Candidates who have completed the M.Phil.
programme with at least 55% marks in aggregate
or its equivalent grade in a point scale wherever
grading system is followed or equivalent
qualification from a foreign educational institution
accredited by an assessment and accreditation
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agency which is approved, recognized or
authorized by an authority, established or
incorporated under a law in its home country or
any other statutory authority in that country to
assess, accredit or assure quality and standards
of educational institutions, shall be eligible for
admission to the Ph.D. programme. A relaxation
of 5% marks or its equivalent grade may be
allowed for those belonging to SC/ST/OBC (non-
creamy layer)/Differently-Abled, Economically
Weaker Section (EWS) and other categories of
candidates as per the decision of the Commission
from time to time."
4. The main part of Regulation 3 says that the
minimum requirement is a Post Graduate Degree. It can be
seen from the proviso to Regulation 3 (1) that a candidate
seeking admission after a 4-year/8-semester bachelor's
degree programme should have a minimum of 75% marks in
aggregate or its equivalent grade on a point scale wherever
grading system is followed. The proviso also says that there
will be a relaxation of 5% marks or its equivalent grade for
persons belonging to the SC/ST/OBC (non-creamy
layer)/Differently-Abled, economically Weaker Section (EWS)
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and other categories of candidates as per the decision of the
Commission from time to time. There is a lack of clarity since
the first part of the Regulation does not specifically recognise
a 4-year/8-semester Bachelors Degree Programme as an
eligibility. Such an eligibility will have to be read into the
Regulation by virtue of the proviso. To that extent, the
Regulation is not happily worded. The contention of the
petitioner is that he is required to obtain only 70% marks
after giving credit to the relaxation of 5% in his
Undergraduate degree which is a five year course in LLB and
the petitioner is also entitled to grace marks from the
University to add up to the 70% marks.
5. The 1st respondent University has filed a counter
affidavit. According to the counter affidavit, the University has
granted grace marks to the petitioner from the 5 th to 10th
semesters for his Undergraduate course. It is stated that the
petitioner is not entitled to grace marks for semesters 1 to 4.
The counter affidavit says that as per the University Order
2205/01/AcAVIII/2016 dated 16.04.2016 regarding the
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distribution of grace marks to the students of professional
courses, the performing year/academic year is to be taken
from 1st June to 31st May and the 2018 admission students
will complete their 5th and 6th semesters during the period
01.06.2020 to 31.05.2021 as per the said order. It is stated
that the petitioner was in the 5th semester on the 1st day of
June, 2020 and hence he has been awarded the marks from
the 5th semester. Ext.P2 is the order dated 11.07.2022 by
which concessions were extended to persons with disabilities.
It is not disputed that the petitioner is a person with multiple
disabilities. Where a person has multiple disabilities of 40%
and above, he will be entitled to 25% grace mark as per
Ext.P2. Ext.P2 order was followed by Ext.P3 order. The
counter affidavit further says that the minimum qualification
for a Ph.D. programme is a Masters Degree or a Professional
Degree declared as equivalent to a Masters Degree by the
Mahatma Gandhi University with at least 55% marks in the
aggregate. Another submission is that the four year
Undergraduate programme cannot be equated to the five year
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LLB Course and the UGC Regulations does not speak about
the five year LLB Course when it speaks about the eligibility
for Ph.D. programme. Another contention taken is that the
five year Integrated B.Com. LLB (Hons.) Course is a dual
Degree Course and does not have the status of a Post
Graduate Masters Degree.
6. The petitioner has filed a reply to the counter
affidavit stating that grace marks have been granted for
several other courses. The Standing Counsel for the
University has produced an order dated 14.02.2025 along
with a memo. The said order has been issued after hearing
the petitioner regarding the question of grace marks. As per
the order dated 19.05.2023, students who were admitted in
2018, were to be granted grace marks only from the
academic year 2020. It is contended that the petitioner is
eligible only for grace marks in the semesters 5 to 10. The
petitioner has a case that the examinations for the semesters
1 to 4 were also held after the academic year 2020 and hence
he is entitled to the benefit of grace marks for all the
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WP(C) NO. 31953 OF 2024
semesters since what is relevant is the date of conduct of the
examination and not the notional date during which the
petitioner should have completed the semesters.
7. Heard the petitioner in person, Sri Surin George
Ipe, Standing Counsel for the 1st respondent University, Sri
Rejith, Standing Counsel for the Bar Council of India and Sri
S.Krishnamoorthy Standing Counsel for the UGC .
8. The prayer in the writ petition is worded as
follows;
"It is humbly prayed that, unless MG University
declares that the Grace Marks for Disabled students
are not intended for the whole semesters of a
course, this court be pleased to issue an
order/Direction to MG University, to strictly follow
the direction of order No 3965/El 37/2024 MGU
dated 13.05.2024 and provide me grace marks of
25% for the theory papers for all my semesters as
mandated and envisaged in the master Order."
9. The order dated 13.05.2024 that is referred to in
the prayer is Ext.P5 in the writ petition. Ext.P5 is an order
passed on a request made by the petitioner and all that is
stated is that considering Exts.P2 and P3 orders issued by the
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University, it was decided to grant 25% grace mark in theory
papers for the University Examinations subsequent to the
academic year 2020. The stand of the University is that the
said benefit has already been given. A reading of Ext.P5
would show that the above direction is issued on the basis of
Ext.P3 order. Ext.P3 order is a modification of Ext.P2 order
which is issued earlier regarding the award of grace marks.
In Ext.P3, what is ordered is that the benefits of Ext.P2 order
dated 11.07.2022 can be extended to differently abled
candidates who were admitted from 2018, on their request,
from the academic year 2020. It is thus evident that the
candidate who has joined in the year 2018 cannot get the
benefit of the grace mark for the years 2018-19 and 2019-20.
Merely for the reason that the examinations got delayed, the
effect of Ext.P3 order cannot be diluted. It is particularly so
since what is provided is a grace mark for which there is no
right for a student. This is all the more so for the reason that
going by the UGC Regulations, a PwD candidate will be
entitled to only 5% relaxation from the marks which are to be
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the minimum as far as the other students are concerned. The
effect of Ext.P3 cannot be extended in order to create a
situation where the relaxation would result in prescription of a
mark much below the eligible mark for admission. Going by
the UGC Regulations, a student who has undergone a four
year undergraduate course needs 75% marks for getting
direct admission to a Ph.D. Course. The high percentage of
75% has been prescribed since in the usual course a person
with the Post Graduate Degree alone would be entitled to
aspire to undergo the Ph.D. Course. A benefit is thus granted
to a person who is undergoing a four year graduation course,
if he secures high percentage of marks, to undergo the Ph.D.
Course even without a Post Graduation. If the contention of
the petitioner is admitted, it would result in a relaxation of
30% marks from the required 75% and a candidate who has
secured 45% in an undergraduate course would become
eligible for undergoing a Ph.D. Course. The very purpose of
the Regulation issued by the UGC is to ensure minimum
standards and procedures for award of a Ph.D. Degree. A
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further relaxation from the minimum standards prescribed
and that too resulting in a bare minimum percentage, which
is even less than 50%, can never be the intent and purpose
of the notification issued by the UGC. Moreover, Regulation 3
does not stipulate grant of any grace marks. It is highly
doubtful whether a candidate who is already entitled to
relaxation of 5% as per Regulation 3 can claim further
relaxation of 25% as per an order issued by the University. It
is settled law that the University can prescribe higher
standards than what is prescribed by the UGC. However, the
extent of autonomy of the University cannot result in a total
reduction of the standards fixed by the UGC.
10. It is also highly doubtful whether the purpose of
Exts.P2 and P3 orders is to extend the benefit of the grace
mark for the purpose of attaining the minimum required
marks for higher education. A reading of Exts.P2 and P3
would suggest that the grace marks are granted in
examinations to facilitate students who are differently abled
to successfully complete the course with the help of the grace
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marks. Even going by Exts.P2 and P3, it is clear that grace
marks can be granted only if a student has got at least 5%
marks and a distribution of the marks is also facilitated. It
can thus be seen that a student who has 5% marks, with
relaxation may be able to take it to 30%, At that same time,
it will be ridiculous to suggest that a person who has got 75%
marks can add the 25% and say that he has secured 100%.
Grant of grace marks is not for such purposes.
11. In the case on hand, the petitioner will be able to
secure 75% marks only by adding 25% marks for all the
semesters and an additional 5% marks which is the relaxation
granted under the UGC Regulation. As already observed,
even if Exts.P2 and P3 were to be applied, I am of the opinion
that the petitioner will be able to get the grace marks only for
the examinations relating to the academic years 2020
onwards. The delay in conduct of the first four semester
examinations will not give any added benefit. If such a
benefit is granted, it would result in a clear arbitrariness since
a benefit which would not have been available if the
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examinations were conducted in time, would be allowed to
the petitioner. The petitioner is hence not entitled to the
reliefs prayed for.
The writ petition fails and is dismissed.
Sd/-
T.R.RAVI
JUDGE
LEK/dsn
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APPENDIX OF WP(C) 31953/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DISABILITY CERTIFICATE
ISSUED TO THE PETITIONER BY GOVT OF
INDIA DATED 01.11.2023
Exhibit P2 TRUE COPY OF THE MG UNIVERSITY ORDER
7396/AC A1 /2022 DATED 11 -07-2022
Exhibit P3 TRUE COPY OF THE MG UNIVERSITY ORDER
5575/AC A3/2023MGU DATED DATED 19-05-
Exhibit P4 TRUE COPY OF THE BCOM LLB ( HONOURS )
EXAMINATION CONSOLIDATED MARK LIST
AWARDED TO PETITIONER WITHOUT GRACE
MARKS (3628/5900 MARKS) DATED 25-03-
Exhibit P5 TRUE COPY OF THE UNIVERSITY ORDER
3965/E137/2024 MGU , ALLOWING 25% GRACE
MARKS FOR ALL EXAMINATIONS FROM THE
ACADEMIC YEAR 2020 DATED 13.05.2024
Exhibit P6 TRUE COPY OF THE BCOM LLB ( HONOURS )
EXAMINATION CONSOLIDATED MARK LIST
AWARDED TO PETITIONER WITH GRACE MARKS
(4123/5900 MARKS) DATED 25-03-2024
Exhibit P7 TRUE COPY OF THE OPTION LIST DATED 4
SEPTEMBER 2018 SHOWING , PETITIONER WAS
NOT A STUDENT OF MG UNIVERSITY ON 04-
09- 2018
Exhibit P8 TRUE COPY OF THE LAST RANK POSITION,
PRIOR TO COMMENCEMENT OF COURSE DATED
19 SEPTEMBER 2018 SHOWING PETITIONER
WAS NOT A STUDENT OF MG UNIVERSITY ON
19-09-2018
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Exhibit P9 TRUE COPY OF THE EMAIL FROM PETITIONER
TO MG UNIVERSITY DATED 13-07-2024
Exhibit P10 TRUE COPY OF THE UNIVERSITY ORDER NO
24744/EL-37-2/2024/E137 REJECTING THE
REQUEST OF PETITIONER, FOR MODIFICATION
OF GRACE MARKS DATED 17-08-2024
Exhibit P11 TRUE COPY OF COPY OF THE UGC NET ADMIT
CARD ISSUED T PETITIONER DATED
30.08.2024
Exhibit P12 TRUE COPY OF THE MGU LETTER NO
107624/LEGAL SECTION -2/2024 DATED 5-
10-2024 INVITING PETITIONER TO ATTEND
THE MEETING
Exhibit P13 TRUE COPY OF THE MOM DATED 10-10-2024
GIVEN TO THE PETITIONER AFTER THE
MEETING
Exhibit P14 TRUE COPY OF THE UGC NET RESULT
Exhibit P15 TRUE COPY OF THE DRAFT LETTER DRAFT #3,
OF THE FILE107624/LEGALSECTION -2/2024
LEGAL APPROVED BY REGISTRAR ON 13-11-
Exhibit P16 TRUE COPY OF THE APPLICATION GIVEN TO
PUBLIC INFORMATION OFFICER , MGU IS
MARKED AND ATTACHED HERE AND THE FEE &
POSTAL RECEIPT
Exhibit P17 TRUE COPY OF THE KERALA UNIVERSITY
ORDER, TITLED 'GRANT OF GRACE MARKS TO
THE ELIGIBLE DIFFERENTLY ABLED
CANDIDATES - DATE OF IMPLEMENTATION-
MODIFIED-SANCTIONED ORDERS ISSUED ,
ORDER NO EA/1/1000/2018 DATED 17-12-
2018 IN THE MATTER
Exhibit P18 TRUE COPY OF THE UGC PUBLIC NOTICE
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WP(C) NO. 31953 OF 2024
Exhibit P19 TRUE COPY OF THE MGU ORDER NO 10653 /AC
A19/2024/MGU DATED 25-11-2024
Exhibit P20 TRUE COPY OF THE LETTER SUBMITTED TO
THE CHIEF JUSTICE, KERALA HIGH COURT
DATED 18.12.2024 ALONG WITH THE COPY OF
RECEIPT
Exhibit P21 NEWS PAPER ARTICLE IN THE HINDU DATED 6
FEBRUARY 2025
Exhibit P22 MGU LETTER DATED 12 FEBRUARY 2025 UNDER
RTI ACT 2005
Exhibit P23 E MAIL FROM MG UNIVERSITY DATED 13 FEB
2025)
