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2009 Supreme(Ker) 830

High Court of Kerala
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
Asok Chacko Thomas & Another
Versus
Mahatma Gandhi University, Represented By Registrar Priyadarshini Hills P.O. & Others
WP(C).No. 8289 of 2009 (E)
Decided on : 14-10-2009

Advocates Appeared:For the Petitioners:V. John Mani, Advocate. For the Respondents:R1 & R2, T.A. Shaji, SC, M.G. University, R3, S. Krishnamoorthy, CGC, R4, Benoy K. Kadavan, Advocate, R5, P. Parameswaran Nair, Asst. Solicitor, T.P.M. Ibrahim Khan, Asst. Solicitor.

Headnote:

Education and University - University Grants Commission Act, 1956 - Sections 2(f) and 22 - National University of Advanced Legal Studies Act, 2005 - Issuance of Eligibility Certificate - First petitioner is graduate from National University of Advanced Legal Studies, 4th respondent in this Writ Petition Degree Certificate - According to Ist petitioner, he was summoned by Course Coordinator and was directed to produce Eligibility Certificate issued by first respondent University petitioner he made application for Eligibility Certificate, but certificate was not issued by respondents 1 and 2 - Praying for directing respondents 1 and 2 to issue Eligibility Certificate enabling him to continue his studies - Whether University in which higher studies are pursued can refuse to issue Eligibility Certificate recognizing course of an institution that is a university under section 2(f) & Section 22 of U.G.C. Act, 1956 - Held, Resolution of Academic Council granting automatic recognition to courses/degrees will not come to rescue of students of respondent University like petitioner since 4th respondent is not included in list maintained by Association of Indian Universities and as UGC is not maintaining any list - That does not mean that future of students can be at peril and Ist respondent cannot be a silent spectator - Stand taken by UGC, fairness requires that first respondent University should issue Eligibility Certificate to students of 4th respondent University who have attended regular courses/degrees - If request for Eligibility Certificate is received, what first respondent need examine is whether student concerned has attended regular courses/degree in 4th respondent University - On such verification, if it is satisfied that student satisfies this condition, Ist respondent shall issue an Eligibility Certificate as sought for - Writ Petition is allowed.

Judgment :

Counsel for the petitioners submit that the first petitioner alone is interested in prosecuting the writ petition. This submission is recorded.

2. First petitioner is a graduate from the National University of Advanced Legal Studies, the 4th respondent in this writ petition. Ext.P1 is his Degree Certificate. Thereafter he joined 3 year LLM course conducted by respondents 1 and 2 at the study center at St.Paul's College, Kalamassery and commenced his studies. According to the Ist petitioner, while so on 22.12.2008, he was summoned by the Course Coordinator and was directed to produce Eligibility Certificate issued by the first respondent University. Petitioner submits that, thereupon he made an application for Eligibility Certificate, but however the certificate was not issued by respondents 1 and 2. Thereupon though he made Ext.P7 representation, there was no reply. It is stated that for want of Eligibility Certificate he had to discontinue his studies. In these circumstances, the writ petition was filed praying for directing the respondents 1 and 2 to issue Eligibility Certificate enabling him to continue his studies.

3. On behalf of the Ist respondent, University a statement, dated 3rd August, 2009 has been filed stating that all regular degrees conferred by the Universities listed by the Association of Indian Universities/University Grants Commission have been recognized by the M.G. University as per its order dated 17.3.1999. It is stated that the name of the 4th respondent is not seen listed in the hand book published by the Association of Indian Universities and therefore the University has sought clarification from the Association of Indian Universities as well as the University Grants Commission as per Annexures A and B letters. It is stated that the University will take urgent steps for issuing Eligibility Certificate immediately on receipt of the clarification that it has sought, provided the 4th respondent is recognized and the candidate has undergone course as a regular student.

4. Affidavits have been filed by respondents 3 and 4 as well. The 3rd respondent UGC, in paragraph 10 of its affidavit has stated that the 4th respondent, the National University of Advance Legal Studies is a State University established under the National University of Advanced Legal Studies Act, 2005 and that it is a University within the meaning of Section 2(f) of the UGC Act 1956, entitled to confer or award degree specified by UGC as provided under Section 22 of the UGC Act. It is also stated that presently the UGC is not maintaining any list of Universities recognized under Section 2(f) of the Act. The 4th respondent in its counter affidavit has stated that it is a University entitled to confer degree and therefore the first respondent University is liable to issue Eligibility Certificate without any further proceedings. It is also stated that Association of Indian Universities is a voluntary organization and that the 4th respondent is not a member of the Association.

5. I heard the Counsel appearing for the parties. Section 25 of the M.G. University Act, 1985 specifies the powers and duties of the Academic Council. In terms of sub Section (xi) it is for the Academic Council to decide on the examinations of the other universities, which may be treated as equivalent to those of the University and to negotiate with other Universities for recognition of examinations of the University. It is in pursuance to this power that the Academic Council in its meeting held on 10.12.2998 resolved to grant recognition to regular courses/degrees of Universities listed by the Association of Indian Universities/ University Grants Commission from time to time. It is in pursuance to this decision of the Academic Council that the University Order dated 17.3.1999, produced along with the memo dated 5th October, 2009, has been issued. A perusal of the aforesaid resolution of the Academic Council shows that any regular course/degree of universities




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