Allowed

Thanvi Shajee v. Mahatma Gandhi University

Kerala HC2 Jul 2020WP(C)/7809/2020

Case brief

AI extract

What is this about?

The court allowed a writ petition seeking direction to the Admission Supervisory Committee to approve MBA admissions previously withheld due to lack of entrance exam scores, directing the university to issue certificates based on subsequently established CMAT/KMAT qualifications.

What did the court decide?

The 1st respondent was directed to issue MBA P.G. Certificates to petitioners based on their CMAT or KMAT qualifications within four weeks.

Thanvi Shajee Vs Mahatma Gandhi University — Education and Admissions | Kerala HC (2020)

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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.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942

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WP(C).No.7809 OF 2020(A)

PETITIONER:

1 THANVI SHAJEE

AGED 25 YEARS

D/O. SHAJEE T.H., AYNIKKATTU PARAMBIL HOUSE, MALIKAM PEEDIKA, ALANGADI P.O. 683 502.

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2 CHRISTOPHER MANNERS,

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AGED 25 YEARS

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S/O. COMING GASHNGA, 220 LAWSOTHUN EAST, LAWSOHTUN EAST KHASI HILLS, MECHALAYA 693 004.

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3 CHACKO T PATTARA, S/O. THOMAS JACOB, CHOTHAMANGALAM, MUHAMMA P.O. ALAPPUZHA 688 525.

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BY ADVS. SRI.NOUSHAD THOTTATHIL SRI.NOORJI NOUSHAD

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RESPONDENTS:

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1 MAHATMA GANDHI UNIVERSITY

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REPRESENTED BY ITS REGISTRAR , PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O. KOTTYAM 686 365.

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2 THE CONTROLLER OF EXAMAINTIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O. KOTTAYAM 686 365.

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3 THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O. KOTTAYAM 686 365.

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4 ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES , REPRESENTED BY ITS MEMBER SECRETARY, M.P. APPAN ROAD, VAYUTHAKAD P.O. TRIVANDRUM 695 014.

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W.P.(C).No.7809/2020

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5 RAJAGIRI COLLEGE OF SOCIAL SCIENCES (AUTONOMOUS), REPRESENTED BY ITS PRINCIPAL, RAJAGIRI P.O KALAMASSERY, ERNAKULAM DISTRICT.

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

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SMT. MARY BENJAMIN, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).No.7809/2020

JUDGMENT

Dated this the 2^nd day of July 2020

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Shaffique, J

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This writ petition has been filed seeking for a direction to the 4^th respondent Committee to approve the petitioners' admission to MBA Post Graduate Course for the academic year 2017-2019 and to forward the same to the 1^st respondent University for issuing their MBA Degree Certificates. The petitioners herein have completed their Post Graduation in MBA from the 5^th respondent College during the academic years 2017-18 and 2018-19. Provisional MBA certificates were issued by the M.G. University. The Admission Supervisory Committee for Professional Colleges by Ext.P9 order observed that the petitioners secured admission for MBA Post Graduate Course without being qualified in entrance examinations such as CAT, KMAT & CMAT. It is submitted that the 1^st petitioner had qualified for getting admission through CMAT and petitioners 2 and 3 were having KMAT qualification. This aspect was not considered while issuing provisional Degree Certificate.

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During the pendency of this writ petition, we have issued an order dated 13.3.2020, by which we have directed the University to consider the qualification of the petitioners in order to ascertain

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W.P.(C).No.7809/2020

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whether they have passed CMAT or KMAT examination in addition to MAT qualification. University has filed a memo inter alia stating that the petitioners are qualified with CMAT and KMAT respectively.

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In the light of the aforesaid factual finding, we are of the view that the petitioners were qualified to undertake MBA Course. The Committee by Ext.P9 order had directed to withhold the admissions of the petitioners since they were admitted on MAT score and on a finding that they did not have CMAT and KMAT scores. Now there is evidence to prove that the petitioners are CMAT or KMAT qualified. The finding of the Tribunal requires to be set aside to that extent.

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In the result, this writ petition is allowed as under:

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The 1^st respondent shall issue MBA P.G. Certificates to the petitioners taking into account the fact that they were qualified for attending MBA course, having CMAT or KMAT. Certificates shall be issued by the University as expeditiously as possible, and not later than four weeks from the date of receipt of a copy of this judgment.

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Sd/-

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A.M.SHAFFIQUE, JUDGE

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Sd/-

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GOPINATH P., JUDGE

True copy

P.A. To Judge

W.P.(C).No.7809/2020

APPENDIX

PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ORDER DATED 19.06.2014 ISSUED BY THE UNIVERSITY GRANTS COMMISSION CONFERRING AUTONOMOUS STATUS TO THE 5TH RESPONDENT COLLEGE.
EXHIBIT P2	TRUE COPY OF THE ORDER DATED 23.07.2014 ISSUED BY THE M.G. UNIVERSITY FOR RECOGNISING AUTONOMOUS STATUS OF 5TH RESPONDENT COLLEGE.
EXHIBIT P3	TRUE COPY OF THE 1ST PETITIONER'S MARK CUM GRADE CARD OF MBA POST GRADUATE DEGREE.
EXHIBIT P4	TRUE COPY OF THE 2ND PETITIONER'S MARK CUM GRADE CARD OF MBA POST GRADUATE DEGREE.
EXHIBIT P5	TRUE COPY OF THE 3RD PETITIONER'S MARK CUM GRADE CARD OF MBA POST GRADUATE DEGREE.
EXHIBIT P6	TRUE COPY OF THE ORDER DATED 07.10.2016 PASSED BY THE ADMISSION SUPERVISORY COMMITTEE.
EXHIBIT P7	TRUE COPY OF THE INTERIM ORDER DATED 20.10.2016 ISSUED BY THE HONBLE COURT IN WPC NO. 33031/2016 FILED BY THE 5TH RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE ORDER DATED 20.11.2017 ISSUED BY THE 4TH RESPONDENT WITHHOLDING THE APPROVAL OF PETITIONERS ADMISSION TO MBA POST GRADUATE DEGREE COURSE.
EXHIBIT P9	TRUE COPY OF THE ORDER DATED 23.12.2017 ISSUED BY THE 4TH RESPLENDENT COMMITTEE ON THE REVISION PETITION FILED BY THE 5TH RESPONDENT COLLEGE.
EXHIBIT P10	TRUE COPY OF THE ORDER DATED 26.11.2016 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.
EXHIBIT P11	TRUE COPY OF THE JUDGMENT DATED 24.09.2019 PASSED BY THIS HONBLE COURT IN WPC NO. 33031/2016.
EXHIBIT P12	TRUE COPY OF THE SCORE CARD ISSUED TO THE 1ST PETITIONER BY ALL INDIA COUNCIL FOR TECHNICAL EDUCATION BY CONDUCTING COMMON

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W.P.(C).No.7809/2020

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MANAGEMENT ADMISSION TEST (CMAT) 2017. EXHIBIT P13 TRUE COPY OF THE SCORE CARD ISSUED TO THE 2ND PETITIONER BY THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGE IN KERALA. EXHIBIT P14 TRUE COPY OF THE RELEVANT PAGES OF MBA ENTRANCE EXAMINATION RESULT PUBLISHED BY ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGE IN KERALA. EXHIBIT P15 A TRUE COPY OF THE INTERIM ORDER DATED 02.03.2020 PASSED BY THE DIVISION BENCH OF THIS HONBLE COURT IN WPC NO. 4139/2020.

Thanvi Shajee v. Mahatma Gandhi University

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Thanvi Shajee v. Mahatma Gandhi University

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