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Ajay Kumar v. the Vice Chancellor,M.G.University

Kerala HC6 Dec 2010WP(C)/13530/2010

Case brief

AI extract

What is this about?

A petitioner approached the High Court of Kerala via writ petition directing the Management of M.G. University to issue Degree, Migration, and Transfer Certificates for an M.Sc. (Maths) course completed between 2003-05. The University demanded original documents and questioned the validity of the recognized institution attended at the undergraduate level. The Court held that the University cannot

What did the court decide?

The respondents were directed to issue the Degree Certificate of M.Sc. (Maths), Migration Certificate, and Transfer Certificate within eight weeks of receiving a copy of the judgment upon production o

Ajay Kumar Vs the Vice Chancellor,M.G.University — Education and Admissions | Kerala HC (2010)

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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

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MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932

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WP(C).No. 13530 of 2010(M)

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PETITIONER(S):

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MR. AJAY KUMAR, S/O. S.H.RAMMEHER, V.P.O.-THURANA, TEHSIL HANSI, HISSAR DT. HARYANA, PIN-125033.

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BY SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE ADV. SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN

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RESPONDENT(S):

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1. THE VICE CHANCELLOR, M.G.UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM.

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2. DIRECTOR, SCHOOL OF DISTANCE EDUCATION, M.G.UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM.

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3. M.G.UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ADDRESS FOR SERVICE, PRIYADARSHINI HILLS, KOTTAYAM.

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R1 TO R3 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C) NO. 13530/2010

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE BROCHURE OF THE DISTANCE EDUCATION PROGRAMME OF THE 2ND RESPONDENT.

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P2 COPY OF THE BA DEGREE CERTIFICATE OF THE PETITIONER.

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P2(A) COPY OF THE FINAL YEAR MARK SHEET AND SUBJECT DETAILS OF THE SAID COURSE.

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P3 COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT (ACADEMIC), MAHARSHI DAYANANAD UNIVERSITY, ROTHAK.

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P4 COPY OF THE MARK SHEET OF THE PETITIONER PERTAINING TO 1ST SEMESTER MSC.(MATHS).

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P4(A) COPY OF THE MARK SHEET OF THE PETITIONER PERTAINING TO 2ND SEMESTER MSC.(MATHS)

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P4(B) COPY OF THE SUPPLEMETARY MARK SHEET OF PETITIONER PERTAINING TO 1ST SEMESTER MSC.(MATHS)

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P5 COPY OF THE MARK SHEET OF THE PETITIONER PERTAINING TO 3RD SEMESTER MSC.(MATHS)

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P5(A) COPY OF THE MARK SHEET OF THE PETITIONER PERTAINING TO 4TH SEMESTER MSC (MATHS)

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P6 COPY OF THE LEGAL NOTICE SENT TO THE RESPONDENTS.

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P7 COPY OF THE REPLY FROM THE 2ND RESPONDENT.

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P8 COPY OF THE COVERING LETTER OF THE CENTER CO-ORDINATOR.

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P9 COPY OF THE JUDGMENT IN W.A.NO.1040/03 OF THE HIGH COURT.

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P10 COPY OF THE JUDGMENT IN W.A.NO.265/03 OF THE HIGH COURT.

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P11 COPY OF THE JUDGMENT IN O.P.NO.10816/02 OF THE HIGH COURT.

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P12 COPY OF THE JUDGMENT IN WP(C)NO. 18901/07.

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P13 COPY OF THE JUDGMENT IN WP(C) NO. 29180/07.

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P14 COPY OF THE ORDER ISSUED BY THE CALICUT UNIVERSITY.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

ANTONY DOMINIC, J.

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WP (C) No. 13530 of 2010

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Dated this the 6^th day of December, 2010

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J U D G M E N T

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After completing BSc. with Maths (main) from the Maharshi Dayanand University, Rothak, the petitioner secured admission, at Delhi Centre of the School of Distance Education of the 3^rd respondent University as a student of MSc.(Maths)during the period 2003-05. Admittedly, in the semester examinations and the supplementary examinations conducted by the University, the petitioner passed all the subjects. Thereafter, when the petitioner applied for Degree Certificate(M.Sc. Maths), Migration Certificate and T.C., the respondents did not issue the same to the petitioner.

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Finally, demanding the issuance of the certificates Ext.P6 legal notice was issued on behalf of the petitioner. At that stage Ext. P7 communication was issued by the University, requiring the petitioner to produce his original mark list of B.A. Degree Examination and copy of syllabus

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WP (C) No. 13530 of 2010

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of the Degree Course under gone. There after Ext. P8 reply was issued to Ext.P6 notice requesting to the petitioner's Advocate also to submit the above documents. Even thereafter there was no progress on the application made by the petitioner for Degree Certificate and it is therefore this writ petition has been filed.

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Stand taken by the University is that the Degree under gone by the petitioner is not a recognised one and that once the petitioner produces the documents mentioned in Exts.P6 and P8, the Syndicate will take a decision on the issue. It is stated that, thereafter the request of the petitioner to issue the Degree Certificate will be considered and needful shall be done.

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Admittedly, the petitioner has under gone the Post Graduate course and passed all the examinations. Going by the statement filed on behalf of the University itself, it is evident that at the time of admission, the petitioner's original mark lists were made available to the University and after verification mark lists were returned. At no

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WP (C) No. 13530 of 2010

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stage the University raised any objection against the petitioner's qualification for admission and it was accordingly that the petitioner completed the course during the period 2003-05. In my view having regard to the above facts, at this distance of time, it is not open to the University to dispute the eligibility of the petitioner and this issue is fully covered by the judgement of the Supreme Court in Shri. Krishnan Vs. Kurukshetra University (AIR 1976 SC 376) and also Exts. P9 to P13 documents relied on by the petitioner. Further, it also pointed out that Ext. P13 is a judgement rendered in a writ petition filed by a class mate of the petitioner whose Degree was from Kurukshethra University and that accepting the judgement, the University issued the certificates. Therefore, I find merit in the case of the petitioner that he is entitled to have his certificates issued.

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Accordingly, I dispose of this writ petition directing the respondents to issue to the petitioner's

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WP (C) No. 13530 of 2010

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Degree Certificate of the MSc. (Maths) Examinations 2003-05, in which the petitioner appeared and passed and also the Migration certificates and Transfer Certificate on the production of a copy of this judgement. This shall be done as expeditiously as possible, at any rate, within a period of eight weeks from the date of receipt of a copy of this judgement.

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The writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE.

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rkc

Ajay Kumar v. the Vice Chancellor,M.G.University

Case brief

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Ajay Kumar v. the Vice Chancellor,M.G.University

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