Allowed

Sandhya Perera v. Mahatma Gandhi University

Kerala HC7 Mar 2017WP(C)/8434/2013

Case brief

AI extract

What is this about?

Petitioners were admitted to a B.Ed. course under an interim order and completed the examinations. The High Court directed the University to declare the results and issue applicable certificates, including a graduation certificate, without adjudicating the merits of their admission contention, citing peculiar facts.

What did the court decide?

The University was directed to declare the results within two weeks and issue all requisite certificates if petitioners qualified.

Sandhya Perera Vs Mahatma Gandhi University — Education and Admissions | Kerala HC (2017)

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 7TH DAY OF MARCH 2017/16TH PHALGUNA, 1938

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WP(C).No. 8434 of 2013 (D)

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PETITIONER(S):

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1. SANDHYA PERERA, AGED 36 YEARS, D/O. FREDY PERERA, KANACHAKKANATTU HOUSE,

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EDAKOCHI P.O., KOCHI, ERNAKULAM.

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2. SHANILA NAVAS,AGED 43 YEARS, D/O.C.A. ABDUL JABBAR, VADAKKAL HOUSE, EDAPPALLY NORTH P.O, ERNAKULAM.

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BY ADVS.SRI.ALIAS M.CHERIAN

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SRI.K.M.RAPHY

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RESPONDENT(S):

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1. MAHATMA GANDHI UNIVERSITY, PRIYADHARSHINI HILLS P.O., ATHIRAMPUZHA,

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KOTTAYAM DISTRICT, PIN-686 560, REPRESENTED BY ITS REGISTRAR.

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2. NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL COMMITTEE,1ST FLOOR,

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CSD BUILDING, HMT POST, BANGALORE-560 031, REPRESENTED BY ITS DIRECTOR.

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3. AVILA COLLEGE OF EDUCATION, EDAKOCHI, ERNAKULAM DISTRICT, PIN-682 006

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REPRESENTED BY ITS PRINCIPAL.

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4. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM - 695 033.

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R1 BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

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R2 BY ADV. SRI.V.M.KURIAN, SC, SRC-NCTE R4 BY GOVERNMENT PLEADER SMT. VIDHYA.A.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 8434 of 2013 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1TRUE COPY OF EXTRACT OF THE ELIGIBILITY CRITERIA PUBLISHED BY THE 4TH RESPONDENT FOR ACADEMIC YEAR 2012-13

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EXHIBIT-P2 - TRUE COPY OF EXTRACT OF THE RELEVANT PAGES OF THE DIARY FOR THE YEAR 2013

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EXHIBIT-P3 - TRUE COPY OF RELEVANT EXTRACTS OF THE NORMS AND STANDARDS FOR BACHELOR'S OF EDUCATION PROGRAM.

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EXHIBIT-P4 - TRUE COPY OF MEMORANDUM OF MARK LIST DATED 27-5-1999.

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EXHIBIT-P5 - TRUE COPY OF MEMORANDUM OF MARK LIST DATED 27-5-1999

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EXHIBIT-P6 - TRUE COPY OF MEMORANDUM OF MARK LIST DATED 26-7-2002

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EXHIBIT-P7 - TRUE COPY OF DEGREE CERTIFICATE DATED 22-9-2004.

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EXHIBIT-P8 - TRUE COPY OF STATEMENT OF MARKS DATED 10-04-2008

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EXHIBIT-P9 - TRUE COPY OF STATEMENT OF MARKS DATED 27-9-2008

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EXHIBIT-P10 - TRUE COPY OF STATEMENT OF MARKS DATED 21-3-2009

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EXHIBIT-P11 - TRUE COPY OF STATEMENT OF MARKS DATED 26-8-2009

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EXHIBIT-P12 - TRUE COPY OF CERTIFICATE OF MASTER OF ARTS (HINDI) DATED 29-10-2009

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EXHIBIT-P13 - TRUE COPY OF ELIGIBILITY CERTIFICATE NO. ACD/2/4347/2012 DATED 29-10-2012

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EXHIBIT-P14 - TRUE COPY OF APPLICATION DATED 21-01-2013

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EXHIBIT-P15 - TRUE COPY OF ORDER NO. EK/III(R)/3/PR-10/62/13 DATED 07-02-2013

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EXHIBIT-P16 - TRUE COPY OF MEMORANDUM OF MARK LIST DATED 20-2-1997

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EXHIBIT-P17 - TRUE COPY OF MEMORANDUM OF MARK LIST DATED 17-7-1999

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EXHIBIT-P18 - TRUE COPY OF DEGREE CERTIFICATE FOR B.COM DATED SEPTEMBER 1999

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EXHIBIT-P19 - TRUE COPY OF MARK LIST DATED 14-02-2012

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EXHIBIT-P20 - TRUE COPY OF CERTIFICATE IN MASTER OF ARTS (HINDI) DATED 03-02-2012

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2/-

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-2-

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WP(C).No. 8434 of 2013 (D)

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EXHIBIT-P21 - TRUE COPY OF ELIGIBILITY CERTIFICATE NO.ACD/4/639/2012 DATED 09-04-2012

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EXHIBIT-P22 - TRUE COPY OF APPLICATION DATED 21-01-2013.

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IA.NO.13190/2013 IN EXHIBIT-P23TRUE COPY OF THE INTERIM ORDER DATED 25/03/2013 IN WPC.NO.8434/12

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EXHIBIT-P23- TRUE COPY OF THE PROSPECTUS FOR ADMISSION TO B.ED COURSE 2012-KERALA

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RESPONDENT(S)' EXHIBITS

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EXHIBIT R1(A)- TRUE COPY OF RELEVANT PAGE OF THE PROSPECTUS FOR ADMISSION TO B.ED COURSES 2012 ISSUED BY THE GOVT. OF KERALA, DOWNLOADED FROM THE WEBSITE.

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EXHIBIT R1(B)- TRUE COPY OF JUDGMENT DATED 5/11/2014 IN WA.NO.78 OF 2014 IN WPC.NO.26643/12 OF THIS HON'BLE COURT

/TRUE COPY/

P.S.TO JUDGE

sts

Devan Ramachandran, J.

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W.P.(C)No.8434 of 2013 P

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Dated this the 7^th day of March, 2017

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JUDGMENT

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The petitioners, at the time when the writ petition was filed, wanted to pursue an educational course leading to the degree of B.Ed. under the third respondent College. However, when they applied, they were denied admission on various grounds, including that they do not qualify the eligibility criteria.

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I see that this Court, while admitting this writ petition, had, on 25.03.2013, issued an interim order as prayed for by the petitioners, thus directing the first respondent-University to provisionally permit the petitioners to write the semester examinations of the B.Ed. course 2012-13 in the third respondent College. I am now told that the petitioners have not only completed the course but has appeared in all the examinations including the final. However, the learned counsel says that since the interim

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WPC 8434/13

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order issued by this Court was only a provisional one, the University has not declared the results or issued the graduation certificates.

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Even though there are several issues that are contested in this case, I do not think it is relevant to consider the same because the petitioners have now completed the course. I have not considered the merits of the contentions nor do I propose to do so in the peculiar facts and circumstances that are now discernible in this case. Since the petitioners have completed the course on an interim order, it is only apposite that they be allowed the further benefits flowing therefrom and I, therefore, deem it appropriate that the University declare the results of the petitioners and if they qualify, to issue all relevant certificates and documents as is mandated under the Regulations.

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In such circumstances, I close this writ petition without considering the merits of any of the contentions of either parties but because the petitioners have completed

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WPC 8434/13 3

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the course and direct the first respondent University to declare the results of the petitioners in the examinations attended by them and if they are qualified in the said examinations to issue all requisite and applicable certificates, including the certificate of graduation. The results shall be declared as afore directed within a period of two weeks from the date of receipt of a copy of this judgment and all certificates shall be released to the petitioners based on such results without any further delay.

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I, however, clarify that the directions herein have been issued in the peculiar facts and circumstances of this case and is not intended to operate as a precedent in future even in cases where similar facts are pleaded.

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Devan Ramachandran, Judge

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tkv

Sandhya Perera v. Mahatma Gandhi University

Case brief

What is this about?

What did the court decide?

Sandhya Perera v. Mahatma Gandhi University

Case brief

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