SANTHOSH P v. GOVERNMENT VICTORIA COLLEGE

BY ADVS. ADVOCATE GENERAL OFFICE KERALA SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 7212/2022 ..2.. MOHAMMED NIAS C.P., J. - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7212 of 2022 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2024 J U D G M E N T The petitioner had secured admission under the sports quota for M.Sc. Physics 2012-14 batch, which was based on Ext.P3 wherein the Registrar of the Calicut University had directed the Principal of the College to create an additional seat under the sports quota as a special case as directed by the Government through its Order dated 07/12/2012. It is seen that the petitioner had only 44.4% marks which is below the minimum mark of 50% for PG admission. The petitioner also did not have the minimum attendance for registration for the first-semester examination. Since the result of the petitioner was not published by the University, the petitioner had sent letters to the 3rd respondent requesting for publishing of the result. By Ext.P8 it is seen that the issue was deliberated upon by the Academic Council which found that the petitioner's admission itself was illegal since he did not have the minimum mark required to secure admission for the PG course. It was also found that he did not have the eligibility to appear for the examination for want of attendance. Surprisingly, no documents are W.P.(C) No. 7212/2022 ..3.. produced in this writ petition to show the proficiency of the petitioner in sports as well.

2. The counter filed by the University clearly shows that the Academic Council had framed definite regulations prescribing the eligibility for admission in awarding of a degree in M.Sc. Physics and the petitioner did not meet any one of the same. The order of the Government creating an additional seat under the sports quota could not have meant to direct the University to waive the minimum eligibility for admitting a student for the PG course.

3. The University had also brought to the notice of the Government that no candidate who does not fulfil the eligibility criteria for undergoing the course will be entitled to be either admitted or awarded a degree. For awarding a degree a candidate should undergo the prescribed course of study with the basic eligibility for admission. The basic eligibility in the instant case is 50% marks which admittedly the petitioner did not have. The University has also got a specific contention that they came to know about the details of the petitioner only when the Principal of the College forwarded the details to them which led to the cancellation of the registration. In the absence of minimum eligibility, the respondents are fully justified in cancelling the admission of the W.P.(C) No. 7212/2022 ..4.. petitioner. The orders passed by the Government directing admission even without the minimum eligibility were not binding on the University, which was bound by its rules and regulations. The Government also could not have passed orders compromising the educational standards in the matter of admission to a course waiving even the minimum eligibility. Clearly, an illegal order was passed directing the creation of an extra seat for the petitioner who could not have been admitted to a degree course.

4. The Hon'ble Supreme Court in the judgment reported in 2008 (3) KHC 993 Mahatma Gandhi University and Another v. Gis Jose and Others held that, when there is a breach of rules, a student cannot be allowed to be admitted or to write examinations. Sympathetic ground that the student had completed the course and written the examination is not relevant at all. None of the impugned orders warrant interference from this Court. There is no merit at all in the writ petition. Accordingly, the writ petition is dismissed. Sd/- MOHAMMED NIAS C.P. JUDGE APA W.P.(C) No. 7212/2022 ..5.. APPENDIX OF WP(C) 7212/2022 PETITIONER EXHIBITS Exhibit P1 PHOTO COPY OF LETTER DATED 02.10.2011 OF KOZHIKODE DISTRICT SPORTS COUNCIL Exhibit P2 PHOTOCOPY OF LETTER DATED 0911.2012 OF KERALA STATE SPORTS COUNCIL. Exhibit P3 PHOTO COPY OF THE LETTER DATED 12.12.2012 ISSUED BY THE R2. Exhibit P4 PHOTO COPY OF THE LETTER DATED DATED 07.02.2015 BY THE R1 TO R3. Exhibit P5 PHOTO COPY OF THE LETTER DATED 07.01.2016 ISSUED BY THE R4 Exhibit P6 PHOTO COPY OF THE LETTER DATED 20.06.2017 ISSUED BY R1 Exhibit P7 PHOTOCOPY OF THE ORDER DATED 21.12.2019 ISSUED BY VICE CHANCELLOR OF UNIVERSITY OF CALICUT. Exhibit P8 PHOTOCOPY OF THE RELEVANT PAGE OF THE MEETING DATED 22.10.2020 OF R5. Exhibit P9 PHOTOCOPY OF THE ORDER DATED 20.11.2020 ISSUED BY R2. Exhibit P10 PHOTOCOPY OF THE ORDER DATED 31.01.2022 IN W.P.C NO.19539/2021 OF THE HON'BLE HIGH COURT OF KERALA. RESPONDENT EXHIBITS Exhibit R1(c) True copy of letter No.G2/6694/13 of Director of Collegiate Education Exhibit R1(d) True copy of letter no.B5/Result/2015 dt.21-01-2015 of Principal of 1st respondent college to the 3rd respondent Controller of Examinations Exhibit R1(e) True copy of letter No.B6/Admission/2015 W.P.(C) No. 7212/2022 ..6.. dt.07-02-2015 of the Pricipal of 1st respondent college to the 3rd respondent Controller of Examinations Exhibit R1(f) True copy of letter no.B6/1090/2019 G.V.C dt.6-02-2020 Exhibit R1(b) True copy of Order No.CDC/E1/6805/05 dt.12- 12-2012 issued by the Calicut University Exhibit R1(a) True copy of G.O(Rt)2629/2012/H.Edn) dt.7- 12-2012 Exhibit R2(a) TRUE COPY OF THE COMMUNICATION DATED

02.02.2013. Exhibit R2(b) TRUE COPY OF THE COMMUNICATION DATED

02.02.2013. Exhibit R2(c) TRUE COPY OF THE LETTER DATED Exhibit R2(d) TRUE COPY OF THE UNIVERSITY ISSUED U.O NO.685/2019/PB DATED 11.07.2019.