Robin Ben Vs University of Kerala

The petitioner states that he has completed his Degree Course in BA (Malayalam) and thereafter joined for Additional Degree in BA (Arabic). The petitioner wrote examinations also. Now, after the petitioner clearing the examinations, the respondent-University has taken a stand that the petitioner cannot be awarded with Additional Degree as he has undergone semester studies for his first degree and not annual mode of studies.

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The petitioner states that the University has directed the petitioner to undergo test for Part I and Part II one more time. The petitioner has already undergone the same during his first Degree. Therefore, the respondent-University, after giving admission to the petitioner for the second Degree

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Course, cannot compel the petitioner to appear for the examination again. The petitioner, therefore, seeks to direct the respondents to issue Additional Degree Certificate to the petitioner for BA (Arabic) Degree Course within a time frame as may be stipulated by this Court.

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Standing Counsel representing the

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respondents resisted the writ petition. The Standing Counsel pointed out that the provisions for grant of double Degree were confined to the students who studied under the Annual Scheme. The petitioner had undergone his studies under the Choice Based Credit System (CBCS). The advantage of double Degree is not available to the students who have undergone studies under the CBCS.

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Standing Counsel further submitted that admission granted to the petitioner for the Additional Degree was a mistake and on an erroneous assumption that the petitioner's original Degree was obtained under the Annual

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Scheme.

The counsel for the petitioner submitted that

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after committing a mistake and after permitting the petitioner to study Additional Degree, the respondents cannot turn around and deny Additional Degree to the petitioner and that too after a period of 10 years.

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I have heard the learned counsel for the

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petitioner and the learned Standing Counsel representing the respondents.

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Ext.R1(a) is the notification issued by the

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respondents for private registration to Degree (Annual Scheme Programme 2017-2019). The petitioner is stated to have obtained registration under this programme. Ext.R1(a) would

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show that the said Scheme for grant of Additional Degree is available only to those students who have obtained original Degree through the Annual mode of studies.

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Clause II(d) of Ext.R1(a) provides that

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candidates who have passed B.A./B.Sc.Degree Examinations of Kerala University under Annual Scheme can register for Additional Degree to B.A. with a different set of optional subjects and to B.com Part III. Therefore, it is evident that the Scheme is not intended to apply to students who have obtained Degree under CBCS.

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It is evident from the statement filed by the respondents that the Standing Committee of the Syndicate on examination of the issue relating to the petitioner, has recommended to refer the issue to the Academic Council. The Syndicate, in its meeting held on 04.12.2021 resolved to direct the petitioner to appear for Part-I English and Part-II Additional Languages as a special examination in Distant mode. Though the University has committed a mistake, the University is nevertheless ready to grant Degree to the petitioner provided the petitioner subjects himself to two further examinations.

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The petitioner cannot claim that he should be

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awarded a Degree for the sole reason that the university has committed a mistake. This is especially so when the University is offering Degree to the petitioner subject to the petitioner appearing in two examinations. In the circumstances, I do not find any merit in the writ petition.

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The writ petition is hence dismissed. However, the offer

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made by the University to confer Degree on the petitioner writing Part-I and Part-II examinations will stand.

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Sd/-

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N. NAGARESH JUDGE

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SR

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APPENDIX OF WP(C) 35514/2022

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PETITIONER'S EXHIBITS:

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Exhibit p1 TRUE COPY OF THE PRIVATE REGISTRATION MEMO ISSUED TO THE PETITIONER DATED 27/9/2017 BY THE 1ST RESPONDENT AS THE REG NO.EH/BA.ARB.8/2022. Exhibit P2 TRUE COPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 18/12/2015. Exhibit p3 TRUE COPY OF THE ORIGINAL DEGREE CERTIFICATE ISSUED BY THE 1ST RESPONDENT 2/4/2017 Exhibit p4 TRUE COPY OF THE HALL TICKET ISSUED BY THE RESPONDENT UNIVERSITY FOR THE 3RD YEAR BA DEGREE EXAMINATION. Exhibit P5 TRUE COPY OF THE MARK LIST ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 25/7/2018. Exhibit p6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENET DATED 17/5/2022. Exhibit p7 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE DEPUTY REGISTRAR (EXAMS) DATED 6/6/2022. Exhibit p8 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DATED 25/10/2022. EXHIBIT P9 True copy of the marks awarded to the petitioner in first degree program, B.A Malayalam dated 08/10/2013

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Exhibit P10	True copy petitioner	of the dated	marks awarded to the 21 /03/2014
Exhibit P11	True copy petitioner 08/08/2014	of the in	marks awarded to the B.A Malayalam dated
EXHIBIT P12	True copy petitioner 19/02/2015	of the in	marks awarded to the B.A Malayalam dated
Exhibit P13	True copy petitioner 27/06/2015	of the in .	marks awarded to the B.A Malayalam dated

Robin Ben v. University of Kerala

Case brief

What is this about?

What did the court decide?

Robin Ben v. University of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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