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2024 Supreme(Online)(KER) 5505
HIGH COURT OF KERALA
Ziyad Rahman A. A, J
AMAL KRISHNA V.S – Appellant
Versus
THE VICE CHANCELLOR – Respondent
WP(C) 6466/2024
KRISHNADAS P. NAIR, K.L.SREEKALA, HARIDAS P.NAIR, M.RAJESH KUMAR, M.A.VINOD, K.G.MANOJ KUMAR, PRASOON.K.P, ANU PRABHAKAR, R7 BY ADV.S. KRISHNAMOORTHY S, FOR R1 TO R4 BY ADV SURIN GEORGE IPE - SC
The university has the authority to grant equivalency to degrees obtained from other universities, and the court can direct the university to consider the application for admission based on the granted equivalency.
Headnote:
Writ - University Admission - Sections 2(f), 22(1) of the University Grants Commission Act - The court directed the university to accept the petitioner's application for admission to the M.Sc. Cyber Forensics program after granting equivalency to the petitioner's B.Sc. Cyber Science degree from Bharathiar University.
Fact of the Case:
The petitioner, who had obtained a B.Sc. Cyber Science degree from Bharathiar University, applied to join the M.Sc. Cyber Forensics program at the first respondent university. However, the university did not accept the application on the ground that the petitioner's degree was not recognized by the university. The petitioner filed a writ petition seeking admission to the program.
Finding of the Court:
During the pendency of the writ petition, the university issued an order granting equivalency to the petitioner's B.Sc. Cyber Science degree from Bharathiar University with the B.Sc. in Cyber Forensics degree of Mahatma Gandhi University. Accordingly, the court directed the university to accept the petitioner's fresh application for admission to the M.Sc. Cyber Forensics program.
Issues: Whether the university was justified in not accepting the petitioner's application for admission to the M.Sc. Cyber Forensics program on the ground that the petitioner's B.Sc. Cyber Science degree was not recognized by the university.
Ratio Decidendi: The court found that the university's decision to grant equivalency to the petitioner's B.Sc. Cyber Science degree from Bharathiar University with the B.Sc. in Cyber Forensics degree of Mahatma Gandhi University was a reasonable and just decision. Therefore, the court directed the university to accept the petitioner's fresh application for admission to the M.Sc. Cyber Forensics program.
Final Decision: The writ petition was disposed of, directing the university to accept the petitioner's application for admission to the M.Sc. Cyber Forensics program in light of the equivalency granted to the petitioner's B.Sc. Cyber Science degree.
The petitioner, who had obtained a bachelor's degree, namely, a B.Sc. Cyber Science from Bharathiar University has approached this Court seeking the following reliefs:
- “i) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to allow the petitioner for continuing the course from the current semester by considering Exhibit P6 and Exhibit P7.
- ii) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 3 call for the records leading to Exhibit P7 and to permit the petitioner to appear in the classes.
- iii) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 3 to issue equivalency certificate to the petitioner, iv) Issue such other order or direction as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case.”
- The grievance of the petitioner is that when the petitioner applied to join the course of the M.Sc Cyber Forensics Program conducted by the first respondent University, during the last academic year, the application was not accepted on the reason that the degree obtained by the petitioner is not recognized by the University. The writ petition was submitted in such circumstances.
- During the pendency of this writ petition, the University issued Ext.P8 which is dated 04.04.2024 and as per the same, the Expert Committee constituted in this regard, considered the degree of the petitioner issued by the Bharathiar University and found that the same can be recognized. Accordingly, the University has granted equivalency of the course of the petitioner with the B.Sc. in Cyber Forensics of Mahatma Gandhi University. Now, the petitioner has submitted a fresh application for the said course, as evidenced by Ext.P9. In the light of the grant of equivalency to the course of the petitioner with the similar degree of the Mahatma Gandhi University, Ext.P9 application has to be considered.
- In such circumstances, this writ petition is disposed of, directing the first respondent University to accept Ext.P9 in the light of Ext.P8, and consider him for admission.
