Allowed

Akhila Alex v. M.G.University

Kerala HC30 May 2022WP(C)/29479/2009

Case brief

AI extract

What is this about?

The Court disposed of three writ petitions challenging the university's upper age limit for BCSG and MPE courses. The Court held that the University Order dated 14.03.2013 superseded the impugned notifications and made the interim order absolute, granting the petitioners the benefit of the dispensation in the interest of justice.

What did the court decide?

The interim order was made absolute. Petitioners were declared entitled to the benefit of the University Order dated 14.03.2013 dispensing with the age limit.

Akhila Alex Vs M.G.University — Education and Admissions | Kerala HC (2022)

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 1

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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 RAJA VIJAYARAGHAVAN V MONDAY, THE 30^TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944

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WP(C) NO. 31564 OF 2011

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PETITIONERS:

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1 CHARLS.E. EDAPPATTU, S/O ELDHOSE, 1ST YEAR STUDENT MASTER OF PHYSICAL EDUCATION,, ST.JOSEPH COLLEGE OF PHYSICAL EDUCATION,, MOOLAMATTOM, THODUPUZHA, RESIDING AT EDAPPATTU HOUE, KOLLIKKADU, KOTHAMANGLAM,, IDUKKI DISTRICT.

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2 BINU A. SO.ALBERT 1ST YEAR STUDENT MASTER OF PHYSICAL EDUCATION,, ST.JOSEPH COLLEGE OF PHYSICAL EDUCATION,, MOOLAMATTOM, THODUPUZHA, RESIDING AT ADIMALATHURA, CHOWARA P.O., THIRUVANANTHAPURAM.

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BY ADVS. SRI.B.MOHANLAL SRI.T.PRASAD

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RESPONDENTS:

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1 THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR,, ATHIRAMPUZHA P.O,, KOTTAYAM.

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2 THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O, KOTTAYAM.

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3 * ADDL R3 THE PRINCIPAL, ST.JOSEPH COLLEGE OF PHYSICAL EDUCATION, MOOLAMATTAM, IDUKKI – 685 589

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 2

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ADDL R3 IMPLEADED AS PER ORDER DT.29.11.2011 IN I.A.NO.19074/2011.

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BY ADVS. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY

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SRI. SURIN GEORGE IPE-SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).27895/2012, 29479/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 3

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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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 30^TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944

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WP(C) NO. 27895 OF 2012

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PETITIONERS:

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1 VIJAYAN T V, AGED 33 YEARS, S/O.KANNAN THAZATHUVEETTIL HOUSE EDAKADAVE, PADIMARATHU P.O, KASARGOD, PIN 67153

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2 RANJITH V.A AGED 29 YEARS S/O.APPU K.M, VELUKKARAN HOUSE, VARANDARAPPILLY MUPLYAM P.O, THRISSUR DISTRICT, PIN-680321

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3 JOSEPH THOMAS AGED 27 YEARS S/O.THOMAS P.M, MULACKAL HOUSE, PERUMPANCHERI P.O THENGANA, CHENGANACHERRY, KOTTAYAM DISTRICT, PIN-686536 BY ADVS. SRI.M.N.MANOJ SRI.V.C.VALSAN

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RESPONDENTS:

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1 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, OFFICE OF THE MAHATMA GANDHI UNMIVERSITY, PRIYADARSHINI HILLS P.O, KOTTAYAM DISTRICT, PIN 686560

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2 THE ST.JOSEPH COLLEGE OF PHYSICAL EDUCATION, MOOLAMATTOM, REPRESENTED BY ITS PRINCIPAL, OFFICE OF THE ST.JOSEPH COLLEGE OF PHYSICAL EDUCATION MOOLAMATTOM, IDUKKI DISTRICT, PIN 685589

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

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 4

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SRI. SURIN GEORGE IPE-SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).31564/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 5

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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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 30^TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944

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WP(C) NO. 29479 OF 2009

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PETITIONERS:

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1 AKHILA ALEX, THIRUTHALIL HOUSE, KUTHUKUZHA P.O., KOTHAMANGALAM.

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2 K.J.JINESH, KATHANAPARAMBIL PUTHENVELIKKARA P.O., ERNAKULAM DISTRICT.

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3 ARUNRAJ C.R., CHAITHANYABHAVAN KARIPALANGAD P.O., NADUKANI, IDUKKI DISTRICT.

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BY ADV SRI.GEORGE POONTHOTTAM

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RESPONDENT/S:

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M.G.UNIVERSITY

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REPRESENTED BY THE REGISTRAR.

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BY ADVS. SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY SRI. T.A. SHAJI, SC, M.G.UNIVERSITY SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SRI. SURIN GEORGE IPE-SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2022, ALONG WITH WP(C).31564/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 6

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JUDGMENT

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These writ petitions are filed challenging notification dated 06.08.2009 and the notification dated 24.09.2009 as per which, the University has prescribed upper age limit to join the Bachelor of Coaching in Sports and Games (BCSG) and Master of Physical Education. The petitioners have all sought for a declaration that the prescription of upper age limit for the BCSG and MPE course is illegal and for a declaration that the regulations framed by the University have not been framed validly and in accordance with law.

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I find from the records that when these writ petitions were admitted, this Court, as an interim measure, had permitted the petitioners herein to appear for the examinations by recording that the admissions shall be purely provisional. It is submitted across the bar that writ petitions were filed in the year 2009, 2011 and 2012 and all the petitioners herein have completed the course and have joined employment.

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The learned counsel appearing for the petitioners points out that while the writ petitions were pending consideration of this Court, M.G.University has come up with University Order

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No.1471/Ac.AIV/2/2013/Acad dated 14.03.2013 which reads as follows:

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 7

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MAHATMA GANDHI UNIVERSITY

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(Abstract)

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Bachelor of Physical Education(BPE) and Master of Physical Education(MPE)Dispensing of Age limit for Admission from 2013-14 admission onwards - approved-Orders issued.

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===============================================

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ACADEMIC AIV SECTION

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U.O.No.1471/Ac.AIV/2/2013/Acad P.D.Hills, Dated: 14/03/2013

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===============================================

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Read: (1) Letter No.SAHER/01/VC/AL/2013 dated 12/01/2013 from Manager, St.Joseph’s Academy of Higher Education and Research, Moolamattom

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O R D E R

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The Manager, St.Joseph’s Academy of Higher Education and Research, Moolamattom vide paper read(1) above has requested for Dispensing of age limit for admission to Bachelor of Physical Education(BPE) and Master of Physical Education (MPE) courses from 2013-14 admission onwards. The prescribed age limit for admission to MPE Course is 25 years and for BPE course is 21 years

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The Manager has pointed out that similar courses conducted in neighbouring states are conducted without prescribing any maximum age limit for admission and prescribing of age limit for admissions have resulted in preventing a large number of sports talented students to seek admission to BPE and MPE courses.

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The Vice Chancellor has approved the request to dispense the age limit for admission to BPE and MPE courses from 2013-14 admission onwards by exercising powers under Section 10(17) of Mahatma Gandhi University Act, 1985.

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Orders are issued accordingly.

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Sd/-

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REGHUNATHAN NAIR D

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ASSISTANT REGISTRAR III(ACAD)

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For REGISTRAR

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According to the learned counsel, the Vice-Chancellor, after

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considering the entire facts and circumstances, has approved the request to

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 8

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dispense with the age limit for BPE and MPE courses from 2013-14 admission onwards by exercising its powers under Section 10(17) of the Mahatma Gandhi University Act, 1985. According to the learned counsel, in view of the order, it is only just and proper that these writ petitions be allowed.

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5. I have considered the submissions advanced. I find that in tune

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with the interim order granted by this Court the petitioners in these cases have completed their course. It is submitted across the bar that the degree certificates also have been handed over and they are pursuing their employment. I find that by order dated 14.03.2013, the Vice-Chancellor has taken a decision dispensing with the age limit. As the University order dated 14.03.2013 supersedes the earlier notifications, nothing further survives in these writ petitions. I am of the view that the benefit of the order dated 14.3.2013 can be extended to the petitioners in the interest of justice.

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Resultantly, the interim order granted by this Court is made absolute and it is held that the petitioners herein shall be entitled to the benefit of the University Order No.1471/Ac.AIV/2/2013/Acad dated 14.03.2013.

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These writ petitions are disposed of accordingly.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 9

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APPENDIX OF WP(C) 31564/2011

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PETITIONERS' EXHIBITS:

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Exhibit P1	THE TRUE COPY OF THE CERTIFICATES OF THE 1ST PETITIONER IN B.A. (ENGLISH) FROM THE MAHATMA GANDHI UNIVERSITY.
Exhibit P1(a)	THE TRUE COPY OF THE CERTIFICATE OF THE 2ND PETITIONER IN B.A. (SOCIOLOGY) FROM THE KERALA UNIVERSITY.
Exhibit P2	THE TRUE COPY OF THE MEMORANDUM OF MARKS OF THE 1ST PETITIONER ISSUED BY THE MAHATMA GANDHI UNIVERSITY.
Exhibit P2(a)	THE TRUE COPY OF THE MEMORANDUM OF MARKS IN THE 1ST SEMESTER EXAMINATION OF THE 2ND PETITIONER ISSUED BY THE UNIVERSITY OF CALICUT.
Exhibit P3	THE TRUE COPY OF THE AFFILIATION ORDER NO. 2490/A1/2009/ACADEMIC DATED 08.07.2009 ISSUED BY THE MAHATMA GANDHI UNIVERSITY.
Exhibit P4	THE TRUE COPY OF THE NOTIFICATION NO. AC.A.VIII/01/5675/09/(II) DATED 24.09.2009 ISSUED BY THE MAHATMA UNIVERSITY.
Exhibit P5	THE TRUE COPY OF THE ADMISSION TEST CARD ISSUED TO THE 1ST PETITIONER FROM ST. JOSEPH COLLEGE OF PHYSICAL EDUCATION.
Exhibit P6	THE TRUE COPY OF THE REPRESENTATION DATED 14.09.2011 SUBMITTED BY THE 1ST PETITIONER TO THE VICE CHANCELLOR.
Exhibit P6(a)	THE TRUE COPY OF THE REPRESENTATION DATED 09.11.2011 SUBMITTED BY THE 2ND PETITIONER TO THE VICE CHANCELLOR.
Exhibit P7	THE TRUE COPY OF THE ORDER NO. AC/A1/3/5926/2011 DATED 28.10.2011 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 10

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Exhibit P8 THE TRUE COPY OF THE TIME TABLE OF THE 1ST SEMESTER MPE EXAMINATION FROM 19.11.2011. Exhibit P9 THE TRUE COPY OF THE INTERIM ORDER IN I.A. NO.9518/2010 IN W.P.C NO.29479/2009 DATED 15.07.2010 OF THIS HON'BLE COURT. Exhibit P10 THE TRUE COPY OF THE TIME TABLE ISSUED BY THE 1ST RESPONDENT FOR THE IV SEMESTER MPE EXAMINATION 2013 Exhibit P11 THE TRUE COPY OF THE U.O.NO.1471/AC.AIV/2/2013/ACAD.DATED 14/03/2013 ISSUED BY THE 1ST RESPONDENT

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RESPONDENTS' EXHIBITS:

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NIL

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 11

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APPENDIX OF WP(C) 27895/2012

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PETITIONERS' EXHIBITS:

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Exhibit P1	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 10.09.2012
Exhibit P2	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 10.09.2012
Exhibit P3	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER DATED 10.09.2012
Exhibit P4	THE TRUE COPY OF THE AFFILIATION ORDER DATED 08.07.2009 BEARING NO.2490/A1/2009/ACADEMIC, ISSUED BY THE 1ST RESPONDENT
Exhibit P5	THE TRUE COPY OF THE NOTIFICATION BEARING NO.AC.A.VIII/01/5675/09/(II) DATED 24.09.2009 FOR THE MASTER OF PHYSICAL EDUCATION COURSES (M.P.E) ISSUED BY THE 1ST RESPONDENT
Exhibit P6	THE TRUE COPY OF THE CASTE CERTIFICATE ISSUED BY THE THASILDAR, HOSDURG THALUK, IN FAVOUR OF THE 1ST PETITIONER, DATED 14.03.2012
Exhibit P7	THE TRUE COPY OF THE CASTE CERTIFICATE ISSUED BY THE THASILDAR, MUKUNDAPURAM THALUK, IN FAVOUR OF THE 2ND PETITIONER, DATED 2.11.2012
Exhibit P8	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF PHYSICAL EDUCATION OF THE 1ST RESPONDENT DATED 29.01.2009 TO THE 3RD PETITIONER
Exhibit P9	THE TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE KERALA HAND BALL ASSOCIATION IN FAVOUR OF THE 3RD PETITIONER PERTAINING TO THE YEAR 2008 AND DATED NIL
Exhibit P10	THE TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE KERALA HAND BALL ASSOCIATION IN FAVOUR OF THE 3RD PETITIONER PERTAINING

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 12

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TO THE YEAR 2009 AND DATED NIL.

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Exhibit P11 THE TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE VICECHANCELLOR OF THE 1ST RESPONDENT DATED 31.10.2012 ALONG WITH ITS POSTAL REGISTRATION RECEIPT Exhibit P12 THE TRUE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER BEFORE THE VICECHANCELLOR OF THE 1ST RESPONDENT DATED 01.11.2012 ALONG WITH ITS POSTAL REGISTRATION RECEIPT. Exhibit P13 THE TRUE COPY OF THE REPRESENTATION FILED BY THE 3RD PETITIONER BEFORE THE VICECHANCELLOR OF THE 1ST RESPONDENT DATED 31.10.2012 ALONG WITH ITS POSTAL REGISTRATION RECEIPT. Exhibit P14 THE TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN I.A.NO.9518/2010 IN W.P.(C) 29479/2009 DATED 15.07.2010 Exhibit P15 THE TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) 31564/2011 DATED 29.11.2011 ADDITIONAL THE TRUE COPY OF THE NOTIFICATION DATED 21.12.2012 ISSUED BY THE 1ST RESPONDENT Exhibit P16 RESPONDENTS' EXHIBITS: EXHIBIT R1(A) TRUE COPY OF THE UNIVERSITY ORDER U.O.NO.AC AI/3/2636/2006 DATED 04.05.2006 EXHIBIT R1(B) TRUE COPY OF UNIVERSITY ORDER U.O.NO.AC.A1/3/2640/2006 DATED 9/11/2006 EXHIBIT R1(C) TRUE COPY OF CIRCULAR NO.ACAI/3/2114/2008, DT.6/11/2008 ISSUED BY THE UNIVERSITY

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WP(C) Nos.31564 OF 2011,

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27895 of 2012 & 29479 of 2009 13

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APPENDIX OF WP(C) 29479/2009

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PETITIONERS' EXHIBITS:

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Exhibit	P1 TRUE COPY OF THE NO.2490/A1/2009/	ORDER ACADEMIC DATED 08.7.2009
Exhibit	P2 TRUE COPY OF THE NO.AC.AVIII/01/5	NOTIFICATION 675/09(i)DATED 06.08.2009
Exhibit	P3 TRUE COPY OF THE NO.AC.AVIII/01/5	NOTIFICATION 675/09(II) DATED 24.09.2009
Exhibit	P4 TRUE COPY OF THE 28.8.2009 GIVEN	REPRESENTATION DATED BY THE 1ST PETITIONER
Exhibit	P5 TRUE COPY OF THE 06.10.2009 GIVEN	REPRESENTATION DATED BY THE 1ST PETITIONER
Exhibit	P6 TRUE COPY OF THE 11.08.2009 GIVEN	REPRESENTATION DATED BY THE 2ND PETITIONER
Exhibit	P7 TRUE COPY OF THE 11.08.2009 GIVEN	REPRESENTATION DATED BY THE PRINCIPAL
Exhibit	P8 TRUE COPY OF THE VIII/2552/02/09	MEMO NO.ACA DATED 9.9.2009
EXHIBIT	P9 TRUE COPY OF THE NO.EAI/2/441/201	NOTIFICATION 0 DATED 07.07.2010
EXHIBIT	P10 TRUE COPY OF THE NO.EAI/2/441/201	NOTIFICATION 0 DATED 30.09.2010

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RESPONDENTS' EXHIBITS:

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EXHIBIT R1(a)	TRUE COPY OF THE U.O.No.2943/AC.AIV/1/2009/ACAD.DATED 7.7.2009
EXHIBIT R1(b)	TRUE COPY OF THE RELEVANT PAGES(1 AND 2) OF
	THE REGULATIONS
EXHIBIT R1(c)	TRUE COPY OF THE PAGES 1,2&13 OF THE
	MINUTES OF THE MEETING OF THE ACADEMIC
	COUNCIL HELD ON 23.01.2010

Akhila Alex v. M.G.University

Case brief

What is this about?

What did the court decide?

Akhila Alex v. M.G.University

Case brief

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What did the court decide?

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