Point of Law: As per section 7 of the University Act, 1974, the Chancellor is the head of the University and as per Section 7(3) of the Act, the Chancellor is empowered to annul any proceedings of any of the authorities of the University which is not in conformity with the Act, the Statutes, the Ordinances, the Regulations, the Rules or the bye-laws.

JUDGMENT :

The petitioners herein had pursued their B.Sc. Computer Science Degree during the year 2016-2019 from various colleges affiliated to the University of Kerala, the 2nd respondent herein. The grievance raised by them in this writ petition concerns the delay in issuing the original degree certificate to the petitioners and the migration certificate to the 4th petitioner.

2. The brief facts of the case are as under: The petitioners pursued the B.Sc. Computer Science Degree under the Choice Based Credit and Semester System (CBCSS) and as is evident from Ext.P1 series, they have completed the course and provisional certificates have been issued to them by the 2nd respondent. The petitioners wanted to pursue higher studies and they got themselves registered for public examinations. Based on Ext.P1 certificate, enrollment in PG courses was granted. When the colleges demanded the petitioners to submit the original degree certificates, they approached the 1st respondent and submitted Ext.P3 representation. However, the issuance of certificates was delayed for one reason or the other. Complaining of inaction, and seeking issuance of appropriate directions to the respondents to issue the degree certificates, the petitioners have approached this Court seeking the following reliefs:

(i) To issue a writ of mandamus or order or direction or any other appropriate writ directing respondent 2 to issue original degree certificate and migration certificate to the petitioners within a time frame fixed by this Hon’ble Court.

(ii) To issue a writ of mandamus or order or direction or any other appropriate writ directing respondent 1 to consider Ext.P3 representation immediately and to pass appropriate orders within a time frame fixed by this Hon’ble Court.

3. A counter affidavit has been filed by respondents 2 and 3. It is stated that the petitioners have completed their B.Sc. Computer Science Course during the period from 2016-2019. Due to a software error, candidates were granted an irregular hike in moderation in respect of the career related CBCSS Programmes. When this fact was brought to the notice of the University, a probe was ordered by constituting an External Expert Committee. The Committee found that there has occurred an irregularity in granting moderation due to an error in the moderation module of the tabulation software. The enquiry which was conducted however revealed that no deceptive or malafide measures were adopted by any person but the irregularity was purely a software error. The defect was immediately rectified. A complaint was lodged before the Crime Branch and an enquiry is in progress. According to respondents 2 and 3, about 135 candidates had benefited out of the irregular hike in moderation out of which, 23 candidates went on to secure qualifying marks. Those 23 students were awarded Degrees/ Provisional Certificates/ Consolidated Mark list by the University. The remaining students were noted as failed in the papers other than the affected papers and they were not able to qualify. In the said circumstances, the University had no other option, but to proceed under Chapter 31 of the Kerala University First Statute, 1977, to revoke the irregular hike in moderation and thereby to cancel the Degree/Qualification. The Syndicate resolved to cancel the degrees of the 23 candidates and thereafter the matter was placed before the Senate for consideration. The Senate in the meeting held on 28.7.2020 considered the matter and resolved to withdraw the degrees awarded to the 23 candidates and the recommendation to withdraw the degrees was submitted for confirmation before the Chancellor. It was also decided to hold a special Examination for the candidates who benefited from the irregular moderation after obtaining the confirmation of cancellation by the Chancellor. However, the Chancellor sought clarification as to whether the canc