Petitioner challenged an order denying admission to Calicut University due to lack of equivalency certificate. Court granted liberty to approach University with representation based on Prospectus Clause 6 before issuing any writ.
Petitioner granted liberty to approach the University with appropriate representation; Writ Petition stands closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
WP(C) NO. 3792 OF 2023
PETITIONER:
ALAN ALEX REJI
AGED 19 YEARS
S/O REJI ALEX, AGED 19, RESIDING AT GRACE VILLA,
KALLIMEL (P.O),MAVELIKKARA, PIN - 690509
BY ADVS.
M.M.DEEPA
P.MAYA
ANUROOPA JAYADEVAN
MARTINA MARTIN P.M.
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM,
PIN – 695 001.
2THE DIRECTOR
STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING,
VIDYABHAVAN, POOJAPPURA, THIRUVANANTHAPURAM,
PIN – 695 012.
3THE REGIONAL DIRECTOR
NATIONAL INSTITUTE OF OPEN SCHOOLING (NIOS), REGIONAL
CENTER, 6TH FLOOR, KERALA HOUSING BOARD BUILDING,
PANAMPILLY NAGAR, ERNAKULAM DIST,
PIN – 682 306.
4CALICUT UNIVERSITY
REPRESENTED BY REGISTRAR, CALICUT UNIVERSITY,
MALAPPURAM,
PIN – 673 635.
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WP(C) NO. 3792 OF 2023
5THE PRINCIPAL
HOLY GRACE ACADEMY OF ARTS AND SCIENCE, MALA,
THRISSUR DISTRICT,
PIN – 680 732.
BY ADVS.
DEVAN VENUGOPAL
C.DINESH
OTHER PRESENT:
SRI. C. DINESH - R3, GP V. VENUGOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 3792 OF 2023
JUDGMENT
(Dated this the 21st day of August, 2023)
The petitioner has approached this court and filed this
Writ Petition for the following reliefs.
“i. Issue a Writ of Certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit P8 and quash the same.
ii. Declare that the petitioner is eligible to get his name registered in the 4th respondent University for the Course BBA + logistics without insisting for an equivalency certificate from the 2nd respondent.
OR IN THE ALTERNATIVE
iii. Issue a Writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to issue equivalency certificate without insisting for a pass mark in Malayalam Language.
iv. To declare that equivalency certificate is not required for courses which are specifically excluded by prospectus issued by respective universities.
Ext.P8 is issued on the basis of Ext.P9 Government Order.
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WP(C) NO. 3792 OF 2023
Ext.P11 is the Prospectus of the University of Calicut of 2022-2023 for admission to under graduates which CAP for UG Admission Programmes.
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WP(C) NO. 3792 OF 2023
qualifications, mode of study, of the course etc. before granting admission.”
the petitioner submits that he may be given liberty to approach the university with a representation.
approach the University with appropriate representation in
view of Clause 6 of Ext.P11, this Writ Petition stands closed.
Sd/-
BASANT BALAJI JUDGE
SRJ
6
WP(C) NO. 3792 OF 2023
APPENDIX OF WP(C) 3792/2023
PETITIONExhibit |
ER EXHIBITSP1 |
TRUE COPY OF THE MARKS STATEMENT ISSUED BYTHE DIRECTOR, NIOS IN FAVOUR OF THEPETITIONER DURING APRIL 2019 |
|---|---|---|
Exhibit |
P2 |
TRUE COPY OF THE SECONDARY SCHOOLCERTIFICATE ISSUED BY NIOS IN FAVOUR OF THEPETITIONER |
Exhibit |
P3 |
TRUE COPY OF THE CURRICULUM 2022 FOR SENIORSECONDARY COURSE UNDER NIOS (TAKEN FROM THEOFFICIAL WEBSITE OF NIOS) |
Exhibit |
P4 |
TRUE COPY OF THE MARKS STATEMENT-CUM-CERTIFICATE OF SENIOR SECONDARY SCHOOLEXAMINATION ISSUED BY 3RD RESPONDENT |
Exhibit |
P5 |
TRUE COPY OF THE MIGRATION-CUM-TRANSFERCERTIFICATE DATED 14.06.2022 ISSUED BYNATIONAL INSTITUTE OF OPEN SCHOOLING INFAVOR OF THE PETITIONER |
Exhibit |
P6 |
THE TRUE COPY OF THE RECEIPT NO.71 AT30.05.2022 SHOWING PAYMENT OF ADVANCE FORADMISSION TO BBA AND LOGISTICS |
Exhibit |
P7 |
TRUE COPY OF THE APPLICATION DATED26.09.2022 SUBMITTED BY THE PETITIONERBEFORE THE 2ND RESPONDENT |
Exhibit |
P8 |
TRUE COPY OF THE ORDER WITH NO: PROG4/6372/2022/SCERT DATED..09.2022 ISSUED BY2ND RESPONDENT |
Exhibit |
P9 |
TRUE COPY OF THE GO (RT) NO: 4411/2019DEPARTMENT OF PUBLIC INSTRUCTIONSTHIRUVANANTHAPURAM DATED 24.10.2019 ALONGWITH SUBJECT COMBINATION OF KERALA HIGHERSECONDARY |
Exhibit |
P10 |
THE SYLLABUS/CURRICULUM IS ALSO ENCLOSEDALONG WITH THE SAID CERTIFICATE. TRUE COPYOF THE CERTIFICATE NO:F-426-11/2019/NIOS/RCK/SS/1039 DATED14.12.2022 ISSUED BY THE 3RD RESPONDENT |
Exhibit |
P11 |
TRUE COPY OF THE PROSPECTUS (2022-2023) OFUNIVERSITY OF CALICUT |
Exhibit |
R3 (a) |
True copy of the Resolution of Ministry ofHuman Resource Development dated 14.9.1990 |
Exhibit |
R3 9b) |
True copy of the letter No.EV |
WP(C) NO. 3792 OF 2023 7
11/(354)/91dated 25.7.1991 of the
Association of Indian Universities
Exhibit P12TRUE COPY OF THE MARKS STATEMENT CUM
CERTIFICATE ISSUED BY THE 3RD RESPONDENT
DATED 14.06.2022
2 issues framed by the court
Whether the petitioner is eligible to get his name registered in Calicut University for the BBA + Logistics course without insisting for an equivalency certificate.
Whether the 2nd respondent was compelled to issue an equivalency certificate without insisting for a pass mark in Malayalam Language.
Alan Alex Reji
State of Kerala
The Director, State Council of Educational Research and Training
The Regional Director, National Institute of Open Schooling
Calicut University
The Principal, Holy Grace Academy of Arts and Science
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court