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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
V. Gandhi – Petitioner
Versus
Kakatiya University – Respondent
W.P. No. 31967 of 2015
Decided On : 26-02-2024
Mandamus - Cancellation of MA (Telugu) Degree - G.O.Ms. No. 31 dated 01.12.2009, Article 14, 19(1g) - [Clause 8: The admission of a candidate will be cancelled at any time during the course of study and the candidate is liable for criminal prosecution, if it is found that admission is secured on false grounds or by suppression of facts.] - The court discussed the impugned order, the show cause notice, and the counter affidavit, and concluded that the respondent university's decision to cancel the degree was unilateral and contrary to rules. The court found that the respondent university did not consider the detailed explanation of the petitioner and did not follow a fair procedure. The court referred to various judgments to establish that the university cannot cancel the degree after the completion of the course and that the petitioner's admission and degree were valid. Therefore, the court set aside the impugned order.
Fact of the Case:
The petitioner sought a writ of Mandamus to declare the action of the respondent in cancelling the MA (Telugu) Degree and informing him to surrender the Certificate as illegal, arbitrary, and contrary to rules. The respondent university cancelled the degree based on a show cause notice alleging submission of fake documents for admission and Rajiv Gandhi National Fellowship.
Finding of the Court:
The court found that the respondent university's decision to cancel the degree was unilateral and contrary to rules. The court concluded that the respondent university did not consider the detailed explanation of the petitioner and did not follow a fair procedure.
Issues: The issues revolved around the validity of the cancellation of the MA (Telugu) Degree by the respondent university and the fairness of the procedure followed in reaching the decision.
Ratio Decidendi: The court established that the university cannot cancel the degree after the completion of the course and that the petitioner's admission and degree were valid.
Final Decision: The court set aside the impugned order cancelling the MA (Telugu) Degree awarded to the petitioner by the respondent university.
ORDER :
1. Heard the learned counsel Mr. Lakshmikanth appearing on behalf of the petitioner and Mr. P. Bhanu Prakash, learned counsel appearing on behalf of the respondent.
2. The prayer as sought for by the petitioner in the present writ petition, is as under:
3. PERUSED THE RECORD:
“You had approached the University for Award of Rajiv Gandhi National Fellowship given to disabled scholars for pursuing Ph.D. A complaint was received from Shri M. Venkat Reddy and two others stating that for getting the said award of Rajiv Gandhi National Fellowship and for getting admission to M.A (Telugu) in the year 2011 you submitted fake documents. They sought information of your participation in the NIC camps from the concerned authorities under right to information Act and found that your name is not recorded. Shri M. Venkat Reddy and two others also stated in their complaint that the certificates submitted for admission are fake, and hence the post graduation certificate may be cancelled, they further submitted that a cheating case be registered against you.
A committee was accordingly constituted to find out the truth in allegations, consisting (1) Prof. N. Rama Swamy, (2) Prof. T. Ravinder Reddy, (3) Prof. M.V. Ranga Rao, (4) Dr. Narshimha Chary, (5) Dr. B. Suresh Lal, (6) Prof. D. Rajendra Prasad and (7) Mr. K. Damodar Rao and the committee submitted a report holding that you sought admission in M.A Telugu in the year 2011 on the basis of the two fake National Integration Camp Certificates of Nehru Yuva Kendra under NSS quota.
The findings recorded by the committee are as follows:
1. Mr. Valishetti Gandhi submitted a “Orthopedically Handicapped Certificate” issued by one-member board in 2005 for the award of Rajiv Gandhi National Fellowship. The medical Officer, KU who is a member of the Committee expressed the opinion that as per clause xi of Go Ms. No 31 dated 01.12.2009, the certificate submitted by Mr. Valishetti Gandhi is no longer valid, and the disability of a person shall have to be assessed afresh regarding the percentage of disability, and that all existing certificates issued earlier will be replaced by the new reassessment certificates issued by a three-member medical Board. In the light of the said GO, the Committee recommends that Mr. Valishetti Gandhi as well as others who submitted earlier medical assessment certificates for the award of Rajiv Gandhi Fellowship may now be asked to produce genuine, authentic new reassessment certificates issued by three member Medical Board for release of Fellowship amount.
2. The genuineness of National Integration Certificates submitted by Mr. Valishetti Gandhi has been verified with the concerned authorities. The District Coordinator of Nehru Yuva Kendra intimated that the said candidate did not take part in the National Integration Camp and hence, the question of issuing a participation certificate to Mr. Valishetti Gandhi did not arise. The Dist. Coordinator, NYC, Karimnagar mentioned that they did not conduct a programme at all during the year 2008 and hence the question of issuing a certificate to Mr. Valishetti Gandhi did not arise. Therefore, the participation certificates of National Integration Camps produced by Mr. V. Gandhi are found fake.
3. From the records available in the Directorate of Admissions, the In Charge Director of Admissions expressed the view that Mr. Valishetti Gandhi got admission to M.A. Telugu in 2011 on the basis of the two fa
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