HCA dismissed Writ Appeal challenging interim order directing University to issue final marks and provisional certificate. Court held University barred from raising new plea of ineligibility due to estoppel. Appeal fails.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939
WA.No. 458 of 2018 IN WPC. 39539/2017 AGAINST THE ORDER IN I.A.NO.20785/17 IN WP(C)39539/2017 of HIGH COURT OF KERALA DATED 21.12.2017
APPELLANTS/RESPONDENTS 2 AND 3
1 THE UNIVERSITY OF CALICUT CALICUT UNIVERSITY.P.O., MALAPPURAM-673 635, REPRESENTED BY ITS REGISTRAR
2 THE CONTROLLER OF EXAMINATION, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O., MALAPPURAM-673 635.
BY ADV.SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
RESPONDENTS/PETITIONER & 1ST RESPONDENT:
R BY SRI. T.T.RAKESH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, C.J. & DAMA SESHADRI NAIDU, J.
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Writ Appeal No.458 of 2018
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JUDGMENT
Antony Dominic, C.J.
The University of Calicut is in appeal against the order dated 21.12.2017 in I.A.No.20785/17 in W.P.(C)No.39539/17. By the said order, the learned Single Judge directed the appellants to issue final mark list and provisional degree certificate to the first respondent in the place of Exts.P3 to P5 without any endorsements therein on or before 27.12.2017.
from the pleadings that if certificates were not issued as
Writ Appeal No.458 of 2018
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ordered by the learned Single Judge, the first respondent would have lost his opportunity to seek enrollment with the Bar Council of Kerala and also to participate in the selection process for the post of Judge Advocate General (JAG) in the Indian Army. In other words, he would have lost both opportunities, if such an order was not passed by the learned Single Judge. In such an emergent situation, nothing prevents this court in passing such positive interim orders. We, therefore, do not find any merit in the plea.
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judgment does not show that the University had raised any plea regarding the ineligibility of the first respondent. The University having not raised such a contention when Ext.P6 judgment was rendered could not now be allowed to raise that plea at this distance of time. We do not find any merit in both the contentions now raised by the appellants.
Appeal fails and it is dismissed accordingly.
SD/- ANTONY DOMINIC, CHIEF JUSTICE
SD/- DAMA SESHADRI NAIDU, JUDGE
jes
2 issues framed by the court
Whether the High Court erred in passing interim order directing issuance of final mark list and provisional degree certificate to ineligible candidate.
Whether the University was barred from raising plea regarding ineligibility of respondent for LLB course admission after appeal.
THE UNIVERSITY OF CALICUT
ALLEN N.J
THE BAR COUNCIL OF KERALA
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
