2019 Supreme(Ker) 316
IN THE HIGH COURT OF KERALA AT ERNAKULAM
HRISHIKESH ROY, A.K. JAYASANKARAN NAMBIAR, JJ.
Thomas Eloor - Petitioner
Versus
University of Calicut Thrissur-Calicut Road, Thenhipalam & Ors. - Respondents
WA. No. 1335 of 2019, WP(C).No. 12103 of 2019
Decided On : 10-06-2019
For the Petitioner: Sri. Roshen. D. Alexander Smt. Tina Alex Thomas
For the Respondent: Sri. Asok M. Cherian, Sc, M.G. University, Smt. Mary Benjamin, Sc, Sri. P.C. Sasidharan, Sc, Calicut University, Sri. Georgekutty Mathew
Important Points:
" Large number of students from various Colleges and Universities would be admitted provisionally to about 44 MBA Colleges in the State, the authorities will have to fix the cut off date for production of the qualifying degree certificate.
" The Admission Supervisory Committee then took a decision on 07.11.2018 to the effect that only those who submitted the graduation result before the final cut off date i.e 27.11.2018, can be considered for approval of their admission.
Headnote:Admission to the MBA curriculum for the year 2017-2018, in the Marian International Institute of Management the appellant petitioner did not have the graduation qualification by the cut off date, an essential pre-requisite, for pursuing the MBA curriculum- No equitable relief can be claimed by him on account of his continuance, during the pendency of the litigation-Granting an equitable relief for the appellant would be prejudicial to a large number of students.
Statement of facts:
Aggrieved by the delay in declaration of his supplementary exam result of the graduation course and the consequent non-approval of his admission in the MBA Course, the student approached the Court seeking a direction to the Calicut University to publish the result of the supplementary examination. During the pendency of that case, the results of the supplementary examination was declared in 19.01.2019.
Finding of the court:
The decision of the authority to deny the approval to his admission, cannot be said to be arbitrary- There cannot be an indefinite extension for the students to secure their graduation result-No merit in the challenge to the fixation of the cut off date projected in the W.P.(C).No.12103 of 2019 as the final cut off date was fixed by an authority who are competent to do so-The fixation of the cut off date with advance notice cannot be said to be arbitrary or discriminatory as it was within the year of admission.
It was made known to the student that no equitable relief can be claimed by him on account of his continuance, during the pendency of the litigation. At any rate, granting an equitable relief for the appellant would be prejudicial to a large number of students.
Result : Dismissed.
Hrishikesh Roy, J.
Heard Sri.Roshen D.Alexander, the learned counsel for the appellant/writ petitioner. Also heard Smt.Mary Benjamin, the learned Standing counsel representing the Admission Supervisory Committee for Professional Colleges (respondent No.5). The Calicut University is represented by Sri.P.C.Sasidharan, the learned counsel. Sri. Ashok. M. Cheriyan, the learned Standing counsel appears for the M.G. University. The Marian International Institute of Management, which admitted the writ petitioner to the MBA course, is represented by the learned counsel Sri. Georgekutty Mathew.
2. The writ petitioner secured admission to the MBA curriculum for the year 2017-2018, in the Marian International Institute of Management (hereinafter referred to as ' the Marian Institute'). The admission was made provisional as can be seen from the communication dated 05.05.2018 (Ext.P2) of the Marian Institute. The student was in the category of those who were awaiting their graduation results and they were required to submit the final mark sheet or the degree results, not later than 30.06.2018, as per the communication dated 05.05.2018.
3. When the writ petitioner appeared in the MBA Entrance Examination, he was also awaiting the result of the supplementary examination in two of the papers of the B.Com Degree Course, and therefore, the Ext.P2 letter was initially issued directing the student to produce the final graduation examination results by 30.06.2018.
4. In the meantime, the student completed the first and second semester of the MBA curriculum but at that stage, the Admission Supervisory Committee withheld the approval of the admission for the petitioner, through the decision dated 07.11.2018. The basic reason for the withholding was on account of the failure of the student to produce the certificate of the qualifying graduation examination. In the very same decision dated 07.11.2018, the Admission Supervisory Committee approved the admission of 119 students pursuing MBA curriculum in the Marian Institute since all of them, could produce their graduation certificate unlike the petitioner.
5. Aggrieved by the delay in declaration of his supplementary exam result of the graduation course and the consequent non-approval of his admission in the MBA Course, the student approached the Court seeking a direction to the Calicut University to publish the result of the supplementary examination. During the pendency of that case, the results of the supplementary examination was declared in 19.01.2019.
6. The Admission Supervisory Committee then took a decision on 07.11.2018 to the effect that only those who submitted the graduation result before the final cut off date i.e 27.11.2018, can be considered for approval of their admission. According to the Admission Supervisory Committee, the relaxation until 27.11.2018 was granted only in respect of the students awaiting their results after appearing in the regular final semester degree examination but not for those, who were awaiting results of the supplementary examination. Since the writ petitioner was also awaiting result of the supplementary examination, the stand of the 5th respondent is that he cannot be treated at par with those, whose regular examination results were delayed.
7. At that stage, an interim order was passed by this Court on 04.12.2018 enabling the student to appear in the first semester MBA Examination, but it was made clear that the student cannot seek any equitable relief on the basis of the interim order. This was because the Admission Supervisory Committee had clarified as early as on 07.10.2016, restricting the benefit of granting time for production of degree certificate after the entrance test for only to those who were awaiting results of the regular examination.
8. The learned counsel Sri. Roshen D. Alexander for the appellant focuses on paragraph 11 of the directives dated 07.10.2016 of the Admission Supervisory Committee, where under, it was resolved that awaiting t