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Prathibha S v. Maharshi Dayanand University

Kerala HC21 Nov 2018WP(C)/1399/2018

Case brief

AI extract

What is this about?

The Court held that the petitioner should be issued a B.Ed. degree certificate despite her B.A. qualification not being recognized by the University of Kerala. The judgment directs the University to verify the genuineness of her degree and issue the certificate within three months based on her provisional certificate, without declaring the degrees equivalent.

What did the court decide?

Directed the University to issue the B.Ed. degree certificate upon verification that the B.A. degree is genuine.

Prathibha S Vs Maharshi Dayanand University — Education and Admissions | Kerala HC (2018)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940

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WP(C).No.1399 of 2018

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PETITIONER:

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PRATHIBHA S

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AGED 32 YEARS, D/O.SASIDHARAN, RESIDING AT CHERUKAVIL HOUSE, ANJILIPRA, THATTARAMBALAM,MAVELIKKARA, ALAPPUZHA DISTRICT, NOW RESIDING AT MANGATTU HOUSE, KUTTIKKATTUKARA P.O, ALUPURAM,UDYOGAMANDAL, ERNAKULAM DISTRICT.

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BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA)

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RESPONDENTS:

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1 MAHARSHI DAYANAND UNIVERSITY DELHI ROAD, UNIVERSITY SECRETARIAT, ROHTAK, HARYANA STATE, PIN - 124 001.

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2 UNIVERSITY OF KERALA

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THIRUVANANTHAPURAM, REPRESENTED BY REGISTRAR, PIN - 695 001.

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3 VICE CHANCELLOR KERALA UNIVERSITY, THIRUVANANTHAPURAM,PIN- 695 001.

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BY ADVS.

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SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.1399/2018

J U D G M E N T

The petitioner was admitted for B.Ed programme in an affiliated college with the University of Kerala. The petitioner passed the examination and provisional certificate was also issued. However, the petitioner was not given the B.Ed degree certificate for the reason that the B.A degree, which is the qualifying degree for enrolling to B.Ed course, is not recognised. The B.A degree in English was obtained by the petitioner from the 1^st respondent-Maharshi Dayanand University.

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It may be true that the degree course of the 1^st respondentUniversity is not equivalent to the degree course conducted by the University of Kerala. The petitioner having successfully completed the B.Ed course after registration with the University of Kerala, it may not be proper for the University to reject the request of the petitioner for issuance of B.Ed degree certificate.

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Therefore, I am of the considered view that the University, after verifying the genuineness of the B.A degree obtained by the petitioner, shall issue B.Ed degree certificate. However, it is made clear that this Court had not held that the B.A degree obtained by the petitioner is equivalent to the B.A degree offered by the University of Kerala. This direction is issued in the light of the peculiar facts and circumstances of

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W.P.(C) No.1399/2018

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the case. On being satisfied that the B.A degree certificate obtained by the petitioner from the 1^st respondent is genuine, B.Ed degree certificate shall be issued to the petitioner on the strength of the provisional certificate issued to her. Appropriate decision shall be taken in the matter within a period of three months.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

smp

W.P.(C) No.1399/2018

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF DEGREE CERTIFICATE ISSUED BY FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF PROVISIONAL CERTIFICATE DATED 28.04.2009 BEARING SERIAL NO.40 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P3 THE COPY OF MEMO DATED 11.12.2009 ISSUED BY THE SECOND RESPONDENT EXHIBIT P4 THE COPY OF RECEIPT DATED 03.6.2010 ISSUED BY THE SECOND RESPONDENT RESPONDENTS' EXHIBITS: NIL.

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True Copy

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P.S to Judge

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smp

Prathibha S v. Maharshi Dayanand University

Case brief

What is this about?

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Prathibha S v. Maharshi Dayanand University

Case brief

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