Partly allowed

C. Beena v. University of Calicut

Kerala HC25 Mar 2009WP(C)/7699/2009

Case brief

AI extract

What is this about?

Petitioners degree was withheld by the respondent University for lacking recognition. The Court directed the petitioner to collect her original Degree Certificate from her college to enable the University to issue the marklist and degree within three weeks, rejecting the objection regarding the eligibility certificate.

What did the court decide?

The petitioner was directed to collect her original Degree Certificate from her college; thereafter, the University was directed to issue the marklist and degree certificate within 3 weeks.

C. Beena Vs University of Calicut — Education and Admissions | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931

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W.P(C).No. 7699 of 2009(F) ---------------------------------

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PETITIONER:

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---------------

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C.BEENA, W/O. SASIDHARAN K., "KRIPA", NEAR ARUMPUR POST OFFICE, THRISSUR-680 620.

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BY ADV. SRI.ASWIN GOPAKUMAR

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RESPONDENT:

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---------------

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UNIVERSITY OF CALICUT, TENHIPALAM, MALAPPURAM DISTRICT, PIN-673 635, REPRESENTED BY ITS REGISTRAR.

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ADV. SRI. P.C. SASIDHARAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, J. ================ W.P.(C) NO. 7699 OF 2009 (F)

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=====================

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Dated this the 25^th day of March, 2009

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J U D G M E N T

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The petitioner was a student of B.Ed in St.Joseph's College, Trichur. Her grievance is that though the results have been published, the marklists and degree certificate have been withheld by the University. The reason according to the petitioner is that the University has taken the view that the degree that she has obtained from the Madras University is not one which is recognised by the Calicut University.

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According to the petitioner, in terms of the provisions contained in Ext.P4 series of prospectus, the Degree recognised by any one of the Universities in Kerala liable to be recognised by the Calicut University. Counsel also relies on Ext.P8, a resolution passed by the Academic Council, which reads as under.

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The Academic Council resolved to approve the suggestion of the Commissioner of Entrance Examination - Government of Kerala to accept Equivalency Certificate from any of the Universities in Kerala for courses taken from outside Kerala for admission to various courses of study for which there is a common State Level Entrance Test (U.O.No.GA 1/A1/126/98 dt 3.6.2003)

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Making reference to Ext.P7, it is contended by the

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learned counsel for the petitioner that the Kerala University has

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WPC 7699/09

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:2 :

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issued eligibility certificate in respect of this very course undergone by the petitioner and therefore there is no substance in the stand now taken that the Degree obtained by the petitioner is not a recognised one.

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Standing counsel appearing for respondent University has obtained instructions in the matter. According to the counsel for the respondent, the College has been instructed by letter dated 14/10/2008 to submit the original Degree Certificate of the petitioner along with the eligibility certificate. It is stated that since the College has not rectified this defect, the University could not releasing the Degree Certificate and the marklist.

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In so far as the production of eligibility certificate is concerned, I am not in a position to approve the stand taken by the University for the reason that in terms of Exts.P4 and P8, since the Kerala University has already issued eligibility certificate that is binding on the respondent University also. Therefore this objection is liable to be rejected and I do so.

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However, it is the duty of the College concerned to produce the Degree Certificate, which they shall do. Although the counsel for the petitioner points out that the College had already

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WPC 7699/09

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:3 :

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forwarded this document to the University and that the University has returned the same, still having regard to my finding that there is no substance in the direction regarding the non production of the eligibility certificate, I direct that it will be open to the petitioner to move her college, in which case, the College shall submit the original Degree Certificate to the University and on that basis, the University shall issue the marklist and Degree Certificate of the petitioner. It is directed that on receipt of the Degree Certificate as above, the University shall release the documents, as expeditiously as possible, at any rate within 3 weeks thereafter.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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C. Beena v. University of Calicut

Case brief

What is this about?

What did the court decide?

C. Beena v. University of Calicut

Case brief

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What did the court decide?

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