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2022 Supreme(Online)(KER) 32211

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 16TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944 WP(C) NO. 22795 OF 2020 PETITIONER:

MEHANAZ M.T., AGED 28 YEARS D/O. AFSEL B.P. BAIT AL RADWA, AGED 28 YEARS, NEAR KURUVA BRIDGE, PADANNA WARD, THAYYIL POST, KANNUR 670

003.

BY ADV P.K.RAVI SANKAR RESPONDENTS:

1 KANNUR UNIVERSITY REPRESENTED BY ITS REGISTRAR, THAVAKKARA, CIVIL STATION POST, KANNUR 670 002.

2 REGISTRAR, KANNUR UNIVERSITY, THAVAKKARA, CIVIL STATION POST, KANNUR 670 002.

3 CHINMAYA INSTITUTE OF TECHNOLOGY, REPRESENTED BY ITS PRINCIPAL, GOVINDAGIR1, CHALA, THOTTADA POST, KANNUR 670 007.

BY ADVS.

R1 & R2 BY SRI.M.SASINDRAN R3 BY I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 16th day of September, 2022 This writ petition is filed by the petitioner seeking the following reliefs: (1) Issue a writ of mandamus or order or direction directing the respondents to admit the petitioner to the 3rd respondent college without insistin on the production of Equivalency Certificate. (2) Grant such other releif that prayed for from time to time.

(3) Award cost of the proceedings.

2. The subject issue relates to a degree issued by the Bharathiar University and the inaction on the part of the Kannur University to grant equivalency certificate. However, today when the matter is taken up, learned counsel for petitioner Sri.P.K.Ravi Sankar, submitted that on 13.1.2021 the equivalency certificate is issued by the Kannur University.

3. Anyhow, taking into consideration the submissions made in the writ petition, an interim order was passed by this Court on 30/10/2020, which reads thus:

“ Read order dated 28.10.2020. The learned standing Counsel for the University submits that an Equivalency Certificate is not necessary but that the petitioner must obtain a Recognition Certificate that they had Conducted the Course within their territorial jurisdiction. The learned counsel further submits that it is not possible to get such a certificate and the petitioner has been denied admission only for that reason.

Taking note of the afore submissions, I deem it appropriate that the petitioner be granted an interim relief.

Resultantly, the third respondent to admit the petitioner provisionally and subject to further orders from this Court.”

3. In the facts and circumstances of the case and since the Kannur University has already issued the equivalency certificate to the petitioner, I am of the considered opinion that the interim order is to be made absolute and accordingly, I do so, and the course undertaken by the petitioner would stand regularised in all respects.

Writ petition is allowed as above.

Sd/-

SHAJI P.CHALY smv JUDGE APPENDIX OF WP(C) 22795/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE DEGREE CERTIFICATE DATED

25.3.2014 ISSUED BY BHARATHIAR UNIVERSITY COIMBATORE.

EXHIBIT P2 TRUE COPY OF THE SCORE CARD DATED 24.9.2020 ISSUED BY COMMISSIONER FOR ENTRANCE EXAMINATIONS, KERALA.

EXHIBIT P3 TRUE COPY OF THE LETTER 24.9.2020 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE MEMO NO. ACAD/SWC/6734/2020 DATED 3.10.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 5/10/2020 SUBMITTED BY THE PETITIONER TO THE VICE CHANCELLOR OF THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF U.O. NO. 13854/2018 ISSUED BY THE UNIVERSITY OF CALICUT.

EXHIBIT P7 TRUE COPY OF THE LETTER NO.

26623/AC/A8/3/2019/AC A 8 DATED 30.9.2019 ISSUED BY THE REGISTRAR OF THE MAHATMA GANDHI UNIVERSITY TO THE CHAIRMAN OF ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA EXHIBIT P8 TRUE COPY OF THE PUBLIC NOTICE NO. F. NO. 1-

9/2018 (DEB-1) DATED 23.2.2018 ISSUED BY THE DISTANCE EDUCATION BUREAU OF UNIVERSITY GRANTS COMMISSION.

EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE LIST OF RECOGNIZED ODL INSTITUTIONS PUBLISHED BY DISTRICT EDUCATION BUREAU OF UNIVERSITY GRANTS COMMISSION.

RESPONDENTS' ANNEXURES ANNEXURE R1(A) TRUE COPY OF THE COMMUNICATION ISSUED BY THE ugc TO THE Kannur University dated 28.04.2009 ANNEXURE R1(b) TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT UNIVERSITY DATED 16.11.2010.

ANNEXURE R1(c) TRUE COPY OF PUBLIC NOTICE ATED 27.06.2013 ANNEXURE R1(d) TRUE COPY OF PUBLIC NOTICE ISSUED BY THE UGC IN AUGUST 2020

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