Dismissed

Mahatma Gandhi University v. Sandhya Perera

Kerala HC20 Nov 2019WA/2222/2017

Case brief

AI extract

What is this about?

This appeal challenged a writ court order directing Mahatma Gandhi University to declare results and issue certificates to students. The University argued eligibility criteria required a B.A. degree, while the students held M.A. degrees. The High Court upheld the writ court's direction, deeming the M.A. degree eligible.

What did the court decide?

The writ appeal was dismissed. The respondents were directed to declare results and issue certificates within one month.

Mahatma Gandhi University Vs Sandhya Perera — Education and Admissions | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941

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WA.No.2222 OF 2017

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AGAINST THE ORDER/JUDGMENT IN WPC 8434/2013 DATED 07-03-2017 OF HIGH COURT OF KERALA

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APPELLANT/1st RESPONDENT:

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MAHATMA GANDHI UNIVERSITY

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PRIYADARSHINI HILLS P.O., ATHIRAMPUZHA, KOTTAYAM DISTRICT, PIN:686560, REPRESENTED BY ITS REGISRAR.

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BY ADV. SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

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RESPONDENTS/PETITIONERS 1 AND 2 & RESPODNENTS 2 TO 4:

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1 SANDHYA PERERA, AGED 36 YEARS, D/O.FREDY PERERA, KANCHAKKANATTU HOUSE, 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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3 NATIONAL COUNCIL FOR TEACHER EDUCATION SOUTHERN REGIONAL COMMITTEE,IST FLOOR, SCD BUILDING, HMT POST, BANGALORE,560031, REPRESENTED BY ITS DIRECTOR.

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4 ALIVA COLLEGE OF EDUCATION EDAKKOCHI, ERNAKULAM DISTRICT,PIN 682006, REPRESENTED BY ITS PRINCIPAL.

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5 DIRECTOR OF COLLEGIATE EDUCATION THIRUVANTHAPURAM- 685033.

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R1 & R2 BY ADV. SRI.ALIAS .M .CHERIAN(BY ORDER)

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W.A.2222/2017

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R3 BY SMT.JYOTHI K. REP; BY ADV. DR.ABRAHAM P.MEACHINKARA, SC, NCTE

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OTHER PRESENT:

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SR. GP. SRI.A.J.VARGHESE FOR R5

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.2222/2017

“ C.R ”

JUDGMENT

Dated this the 20^th day of November, 2019

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S.Manikumar, CJ

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Challenge in this instant writ appeal is to the judgment of the writ court in W.P(C) No.8434 of 2013 dated 7.3.2017, by which the writ court taking note of the fact that writ petitioners have completed the course, directed the Mahatma Gandhi University, Kottayam, respondent No.1 therein, to declare their results of the examinations attended by them and if they qualify, issue all the requisite certificates, including the certificate of graduation, within a period of two weeks from the date of receipt of a copy of the said judgment.

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Judgment of the writ court is impugned, inter alia, on the following grounds:

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“1. The court ought to have considered that B.Com degree with Hindi as additional language is not an eligible criteria for admission to B.Ed Hindi course as per the prospectus issued by the 5^th respondent herein.

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The court ought to have directed the University to publish the results only because the petitioners completed the course interim orders from this court to allow the petitioners to appear for the examinations provisionally and subject to the results of the writ petition, pending disposal of the writ petition.”

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Inviting the attention of this Court to the Norms and Standards

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W.A.2222/2017

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for Bachelour of Education (B.Ed) Programme in Hindi as prescribed in the prospectus for the year 2012-13, Mr. Asok M.Cherian, learned counsel for the appellant University, submitted that the eligibility criteria for admission to B.Ed (Hindi) is “B.A. Degree with Hindi language and Literature with 50% marks in Part II and not less than 50% marks for Master Degree in Hindi language and Literature.” According to him, respondent Nos.1 and 2 had studied B.Com and thereafter pursued Post Graduate in Hindi. Having regard to the degree qualifications, B.A./B.Sc mentioned in the prospectus with the exclusion of B.Com, Mr. Asok M.Cherian, learned counsel for the appellant, submitted that respondents, who do not possess B.A./B.Sc with 50% marks in Part II and not less than 50% marks in M.A. (Hindi), are not eligible for admission to B.Ed. (Hindi) in Mahatma Gandhi University and, therefore, the direction issued by the writ court to publish the results of the respondents within a time frame, be set aside.

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Per contra, inviting the attention of this Court to Exhibit-P14 submitted by the respondents/writ petitioners, for recognition of admission and the reply letter dated 7.02.2013 issued by the M.G.University (ExhibitP15), Mr.Alias M.Cherian, learned counsel for respondent Nos.1 and 2, submitted that M.A. Degree in Hindi underwent by respondents for period 2007 to 2009 has been recognised for admission to B.Ed. Degree (Hindi).

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W.A.2222/2017

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Per contra, Mr.Asok M.Cherian, learned counsel for the appellant University, submitted that M.A.Degree (Hindi) has been recognised as an eligible degree for higher studies and not for B.Ed.(Hindi).

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Be that as it may, learned counsel for respondent Nos.1 and 2, inviting the attention of this Court to the eligibility criteria prescribed by the National Council for Teachers Education (NCTE), for Bachelor's Education (Hindi), submitted that the eligibility criteria is that the candidates must have alteast 50% marks, either in Bachelor's Degree and/or in Master's Degree, or any other qualification equivalent, are eligible for admission to the programme. Relying on Exhibits-P4 to P12, learned counsel for the respondent Nos.1 and 2 submitted that though the respondents studied B.Com degree in Mahatma Gandhi University, one of the subjects studied by them is Hindi. Further, they also completed post graduation (M.A.Hindi) from Dakshina Bharat Hindi Prachar Sabha, Madras. According to the learned counsel for the respondents, respondents are eligible to study B.Ed. Degree course, as per norms prescribed by the National Council for Teacher Education, Bangalore, respondent No.3.

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Smt. Jyothi K., represented by Dr. Abraham P. Meachinkara, learned standing counsel for the NCTE, has no objection for the results being declared, and the same is placed on record.

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W.A.2222/2017

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Mr. A.J.Varghese, learned Senior Government Pleader for the Director of Collegiate Education, Thiruvananthapuram, respondent No.5, submitted that both under graduates, who have completed B.A./B.Sc with Hindi in Part II and those, who have completed M.A.Hindi, are being permitted to study B.Ed. (Hindi).

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Heard learned counsel for the parties and perused the material available on record.

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There is no dispute that both the respondents have studied B.Com Degree in Avila College of Education, respondent No.4, with English in Part I, Part II subject and additional language Hindi and Part III Cost Accounting. Certificates issued by the M.G.University, appellant herein, to the respondents show that they have completed B.Com with Part II additional language Hindi.

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“MAHATMA GANDHI UNIVERSITY

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FACULTY OF COMMERCE

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The Syndicate of the Mahatma Gandhi University hereby

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makes known that

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Sandhya Perera

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has been admitted to the

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Degree of Bachelor of Commerce

W.A.2222/2017

Part III - (with Cost Accounting as Elective Subject) in September, 1998, September, 1998 and April 2002 respectively given under the seal of the University

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Sd/-

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Vice Chancellor”

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“MAHATMA GANDHI UNIVERSITY

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FACULTY OF COMMERCE

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The Syndicate of the Mahatma Gandhi University hereby

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makes known that

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Shanila C J

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has been admitted to the

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Degree of Bachelor of Commerce

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she having been certified by duly appointed examiners to be qualified to receive the same and having been by them placed after passing the prescribed examinations, in the Third class in Part I - English, in the Second class in Part II - Additional Language (….Hindi......) and in the Third class in Part III - (with Cost Accounting as Elective Subject) in April 1997, April 1996 and April 1998 respectively given under the seal of the University

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Sd/-

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Vice Chancellor”

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Undisputedly, both the respondents are conferred with degrees of

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Masters in Arts (M.A.Hindi), by Dakshina Bharat Hindi Prachar Sabha, Madras

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vide Exhbit-P12 dated 24.10.2009. Said certificate is extracted hereunder:

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W.A.2222/2017

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“Dakshina Bharat Hindi Prachar Sabha MADRAS Secretary Parliament as an Institution of National Importance by Central Act No.14 of 1954 Post Graduate and Research Complex Master of Arts (Hindi)

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Upon the recommendation of the Shashi Parishad of the Sansthan this is to Certify that SANDHYA PERERA is being conferred the decree of MASTER OF ARTS (HINDI) on passing the Master of Arts Examination conducted during the year May, 2009 in FIRST

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Though Mr.Alias M.Cherian, learned counsel for respondent Nos.1

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and 2, submitted that when an application for examination of Mahatma Gandhi University/Body was made to M.G.University, seeking admission for B.Ed. (Hindi) course, a favourable reply was given to treat the same, as qualifying examination, a perusal of Exhibit-P15 letter of the Controller of Examinations, M.G.University, to the Principal, Avila College of Education, shows that they are eligible for higher studies.

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University's letter reads thus:

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“MAHATMA GANDHI UNIVERSITY

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No.ER III ®/3/PR-10/62/13 Priyadarsini Hills Dated: 07.02.2013

W.A.2222/2017

From

The Controller of Examinations

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The Principal Avila College of Education Edacochin

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Sir/Madam

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Sub:- Recognition of qualifying examinations of the students(s) admitted during Ref:- Your Letter No.AV/57 & 10/2013 dated 23.1.2013.

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I write to inform you that recognition has been granted to the Qualifying Examination in respect of the student (s) admitted in your College/Department during................ noted below.

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Sl. No.	Name of Students	Classes to which admitted	Qualifying Examinations	Equivalent Examination of M.G.University
1	Bindukumari	B.Ed. (Commerce 2012	Degree of Master of Commerce ® Andhra University Visakapatnam, Andhra Pradesh.	Eligible for admission to her studies.
2	Sandhya Perera	B.Ed (Hindi) 2012	Degree of Master of Arts (Hindi)(R) Dakshina Bharat Hindi Prachar Sabha, Madras	Eligible for admission to higher studies
3	Shaily Pundin	B.Ed (Hindi) 2012	Degree of Bachelor or Arts ® chaudhary Charan Singh University, Meerut, Uttar Pradesh	Eligible for admission to higher studies
4	Giri Kumkum Kameshwar Prabhawati	B.Ed. (Physical Science) 2012	Degree of B.Sc ® University of Mumbai, Maharastra	Eligible for admission to higher studies
5	Bharati Pradhan	B.Ed (Social Science) 2012	Degree of Bachelor of Arts in History ® Berhampur University, Bhanja Bihar	Eligible for admission to higher studies
6	C.Violet Mary	B.Ed (Social Science)	Degree of Bachelor of Arts (History, Economics, Sociology)(R) Mangalore	Eligible for admission to higher studies

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W.A.2222/2017

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2012 Unjiversity, Mangalagangotri, Karnataka

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Their/Her/His Pass Certificates, Mark Lists, T.C. Etc., is/are enclosed.

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Yours faithfully,

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ASSISTANT REGISTRAR (EXAMS) For CONTROLLER OF EXAMINATIONS”

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Prospectus for Admission to B.Ed. (Hindi) Degree Course-2012, Kerala, approved vide G.O(Rt) No.1359/2012/H. Edn. dated 30.06.2012,

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deals with the eligibility criteria for admission to B.A.Degree (Hindi). The relevant portion of the prospectus is extracted hereunder:

“5.4.2.1. Languages

(a) xx xx xxxx

(b) xx xx xxxx

(c) Hindi: B.A. Degree with Hindi language and Literature with 50% marks in Part III Hindi language and Literature Hindi language and Literature or B.A./B.Sc. with 50% of marks for Part II Hindia and not less than 50% marks for Master's Degree in Hindi Language and Literature.”

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Prospectus as enclosed by the writ petitioners/respondent No.1 and

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2, (Exhibit-P23) for admission to B.Ed. (Hindi) course prescribe B.A. Degree

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with Hindi language and Literature with 50% marks for Part III or not less than 50% marks for Master's Degree in Hindi language and Literature. Whereas the relevant portion for admission to B.Ed. Degree as per Exhibit-

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W.A.2222/2017

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R1(3) Prospectus downloaded by appellant University is B.A./B.Ed degree in Hindi language. There appears to be a mistake or repetition in Exhibit-R1(a) prospectus.

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Exhibits-P1 and R1(a)(3) are reproduced side by side.

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Exhibit-P1 - Prospectus by the writ petitioners	Exhib the a	it-R1(a)(3)- Prospectus by ppellant University
c.Hindi. Degree with Hindi language and Literature with 50% marks for Part III or not less than 50% marks for Master's Degree in Hindi Language and Literature.	(c) Hindi with Hindi Hindi or B. for P than Degr Litera	Hindi: B.A Degree with language and Literature 50% marks in Part III language and Literature language and Literature A.B.Sc. With 50% of marks art II Hindi and not less 50% marks for Master's ee in Hindi Language and ture.

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Reading of the above makes it clear that there is a mistake or repetition in Exhibit-R1(a). Sr.A.J.Varghese, learned Senior Government Pleader, submitted that candidates with B.A./B.Sc. and P.G. with M.A. (Language and Literature) are admitted to B.Ed. Hindi in M.G.University. Thus, placing on record, the submission of the learned Senior Government Pleader, it is discernible that two sets of candidates are eligible for B.Ed. Degree Course in Hindi language, (1) B.A. Degree with Hindi and Literature, with 50% Part III and (2) candidates have Master's Degree in Hindi, 50% marks in Literature and language in Master's Degree.

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W.A.2222/2017

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That be so, Exhibit-R1(a) is erroneous. There are two channels for admission to B.Ed. Hindi Course. (1) For undergraduates, B.A./B.Sc. Degree with Hindi and Literature, with 50% Part II, (2) for postgraduates, with the qualifying marks, as stated supra.

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Both the respondents have Master's Degree in Hindi from Dakshina Bharat Hindi Prachar Sabha, Madras. We are of the view that respondent Nos.1 and 2 are eligible for admission to B.Ed.Degree (Hindi) course and consequently, the directions given to the Mahatma Gandhi University, for declaration of results and issuance of certificate by the writ court cannot be found fault with.

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Accordingly, the writ appeal is dismissed. Appellants are directed to declare the results and issue the certificates to the respondent Nos.1 and 2, at the earliest, at any rate, by not later than one month.

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Sd/- S.MANIKUMAR, CHIEF JUSTICE

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Sd/- A.M.SHAFFIQUE, JUDGE

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Krj //true copy// P.A. TO JUDGE

Mahatma Gandhi University v. Sandhya Perera

Case brief

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Mahatma Gandhi University v. Sandhya Perera

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