University; Abhilash C.V. Vs. Mahatma Gandhi University [Kerala High Court, 25-05-2016]

University – B.Ed.degree course – Petitioner who possess B.Sc degree in Botany and M.Sc in Botany awarded by the Mahatma Gandhi University applied for admission to the B.Ed.degree course – His application has been rejected as he did not secure the minimum of 35 marks required for a pass in the practical examination – Held, the University which awarded a post graduate degree to the petitioner in the very same subject after permitting him to appear for the post graduate degree examination on the basis that he has passed the Bsc degree examination in Botany is estopped from concluding that he has not passed the B.Sc degree examination in Botany. The stand taken by the University that he has not passed the B.Sc degree examination cannot be sustained.

# Examination


IN THE HIGH COURT OF KERALA AT ERNAKULAM

P.N. RAVINDRAN, J.

WP(C)No.22137 of 2011 (N)

Dated this the 25th day of May, 2012

Abhilash C.V. Vs. Mahatma Gandhi University

FOR PETITIONER(S): BY ADV. SRI.BASIL ATTIPETY FOR RESPONDENT(S): BY SRI. T.A. SHAJI, SC, M.G.UNIVERSITY

J U D G M E N T

The petitioner who possess B.Sc degree in Botany and M.Sc in Botany awarded by the Mahatma Gandhi University applied for admission to the B.Ed.degree course pursuant to Ext.P3 admission notification to the Principal, Mahatma Gandhi University College of Teacher Education, Vaikom for the year 2011-12. By Ext.P5 letter dated 25.7.2011, the Principal of the institution informed the petitioner that his application has been rejected as the mark list produced by him did not show the minimum marks required for qualifying in the practical examination in Part III, held in March 2004. Hence this writ petition seeking the following reliefs:

(a) Call for the records leading to Ext.P5 letter and quash the same, by issuance of a Writ of Certiorari or any other appropriate Writ, Order or Direction:

(b) Issue a Writ of Mandamus, or any other appropriate Writ, Order or Direction, directing 2nd respondent, Controller of Examinations, to verify the accuracy of the Ext.P4 mark list, Practical-II Examination of Part-III core subject Botany, Model-II, B.Sc.(vocational), March 2004, with the marks supplied by the Practical Examiner as well as the Registry, and issue fresh mark list to the petitioner forthwith showing at least 35 minimum marks instead of 34 marks.

(c) Declare that the petitioner is fully entitled to be eligible to apply against Ext.P3 admission notification.

(d) Direct the 4th respondent to reserve one seat for B.Ed. Course(Natural Science) to the petitioner.

(e) To grant such other appropriate reliefs to the petitioner as this honourable Court may deem fit and proper in the interest of justice.

2. The instant writ petition was filed on 12.8.2011. Admissions to the course were made and completed and the course is about to come to an end. In such circumstances, I am of the opinion that the petitioner cannot now be given admission even if the stand taken in Ext.P5 is held to be illegal.

3. When the writ petition came up for hearing today, Sri.T.A.Shaji, learned standing counsel appearing for Mahatma Gandhi University, submitted that though it is not so stated in Ext.P5, the real reason which led to the rejection of the petitioner’s application was that in the 6th semester examination held in March 2004, the petitioner did not secure the minimum of 35 marks required for a pass in the practical examination. Referring to the mark list produced by the petitioner at page 12 of Ext.P4, it is stated that the petitioner secured only 34 marks as against the minimum requirement of 35 marks and therefore the petitioner did pass the 6th semester B.SC degree examination held in March 2004. It is not in dispute that after the petitioner underwent the BSc.degree course, Ext.P1 degree certificate was issued by the Mahatma Gandhi University to the effect that he has passed the B.Sc degree examination. He thereafter joined the M.Sc degree course in Botany in St.Alberts College, Ernakulam affiliated to the Mahatma Gandhi University and completed the course and passed the M.Sc degree examination in the first class. He was thereafter awarded M.Sc degree in Botany as can be seen from Ext.P2. In such circumstances, in the light of the principles laid down by the Apex Court in

# Sanatan Gauda v. Berhampur University and Others, AIR 1990 SC 1075

the University which awarded a post graduate degree to the petitioner in the very same subject after permitting him to appear for the post graduate degree examination on the basis that he has passed the Bsc degree examination in Botany is estopped from concluding that he has not passed the B.Sc degree examination in Botany. I accordingly hold that the stand taken by the University that he has not passed the B.Sc degree examination cannot be sustained. Necessarily therefore it has to be held that he will be entitled to apply for admission to the B.Ed degree course in the ensuing year and in the event of the petitioner applying for the B.Ed degree course or for any other course, the Mahatma Gandhi University shall not reject his application on the ground that he has not passed the B.Sc degree examination in Botany.

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