SHINY THOMAS M v. THE UNIVERSITY OF CALICUT

the writ petitioner has been declined- “ i) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to publish the B.Ed. Result of the petitioner and to provide the certificate within the stipulated time limits in the interest of justice. ii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.”

2. The facts leading to the filing of the writ petition before the learned single Bench reads as under - The petitioner completed B.A. (English) course from the University Women's College, Manchery-Narukara during the period Writ Appeal No.318 of 2018 3 2008-11 and obtained her Post Graduation successfully from Bharathiar University, Coimbatore in the year 2011-13. Thereafter got admission for B.Ed. course at Majmaa Training College, Kavannoor, Malappuram, affiliated with University of Calicut and completed the same. Though attended the examination, but her results were withheld and on enquiry, was informed that the result was withheld on account of non-submission of the equivalency certificate.

3. The stand of the University before the single Bench was that as per clause 5.4.2.1.(a) of the Prospectus pertaining to the admission for B.Ed. (English optional) course 2013, the candidate must have a B.A Degree with English language and Literature/Functional English/B.A. Communicative English with 50% marks in Part III or 50% marks in M.A. English Language and Literature/Functional English/Communicative English or B.A./B.Sc with 50% marks for Part III English and not less than 50% marks for Master's Degree in English Language and Literature. The document submitted to the Principal of the College revealed that the appellant/petitioner did not secure 50% of marks for Part III in Writ Appeal No.318 of 2018 4 B.A.English and also there is non-submission of equivalency certificate. Besides the aforementioned stand, objection was also raised to the effect that it was the duty of the Principal to check the credentials, instead of granting admission to every student who intend to pursue B.Ed. course. Equivalency granted by another University cannot be a ground for treating the Degree or Post-graduation in M.A. English from Bharathiar University to be equivalent viz-a-viz the Calicut University. In other words, Calicut University has not recognized the Bharathiar University as equivalent for granting admission to the students in view of the clause referred to above. On the basis of the aforementioned pleadings, the learned single Bench dismissed the writ petition.

4. Learned counsel appearing on behalf of the appellant/petitioner submitted that while dismissing the writ petition, the learned single Judge omitted to notice provisions of clause 5.2.1. (ii) in correct perspective much less the communication dated 05/02/2014 of the Calicut University and 04/03/2014 of the Barathiar University addressed to the Registrar of the University of Calicut. Writ Appeal No.318 of 2018 5 The whole stand of the University before the Court was that for want of the equivalency certificate the result was withheld. In that regard, had also communicated to the appellant/petitioner to produce the syllabi, Rules and Regulation of the course concerned in duplicate duly signed by the Registrar. Appellant/petitioner approached the University and vide communication dated 04/03/2014 informed the University of Calicut regarding their courses and also enclosed the copy of the syllabus for the courses offered by the Centre for participatory programme. The University did not take a call. Had those documents were seen, perhaps the grievance of the appellant would have been vindicated.

5. On the other hand, Mr.P.C.Sasidharan, the learned counsel appearing on behalf of the University submitted that equivalency by another University cannot be a sole ground for admission of the student by a college recognised by a University lacking equivalency certificate. In the absence of recognition of the Bharathiar University, the admission was totally null and void and thus the stand of the University in withholding the result was justified. There is no error or Writ Appeal No.318 of 2018 6 abdication or illegality in the judgment of the learned Single Bench.

6. We have heard the learned counsel for the parties and appraised the paper book. Clause 5.2.1. of the prospectus reads as under - “5.2.1. (i) Candidates should have passed the B.A./B.Sc. Degree examination under the 10+2+3 pattern with one main subject and two subsidiary subjects from any of the Universities in Kerala or of any other University recognized by any of the Universities in Kerala as equivalent thereto for admission, subject to the stipulation regarding marks. (ii) Candidates who have passed their qualifying examination from Universities outside Kerala should submit Eligibility/Equivalency Certificate stating that their qualifying examination is recognized by those Universities, for seeking admission to B.Ed. Degree course in a particular optional subject in a stream as applicable, along with their application. (iii) Double or Triple main candidates or candidates who passed the Degree Examination in Vocational or Specialized Courses are also eligible for admission. However, they have to submit copy of the Equivalency /Eligibility certificate from the concerned Universities in Kerala, stating that, their Qualifying examination is recognized by the Universities for seeking admission to B. Writ Appeal No.318 of 2018 7 Ed. Degree Course in a particular optional subject/in a stream as applicable, along with their application. (iv) The minimum requirement of marks for admission to B. Ed. Courses is 50% (No rounding off of the percentage of marks to the nearest whole number is permitted) in Bachelor's Degree [Science/Arts Subjects] for Part III or 50% Marks in M.A/MSc/M.Com. Details are given in Clause 5.4 2. Note 1: 'Concerned Universities' in clause 5.2.1. (ii) & (iii) means the University or Universities in Kerala to which the College(s) where he or she wishes to register his or her options is/are affiliated to. Note 2: Those who have undergone courses which are not specifically included in the Prospectus as eligibility for a stream should submit Eligibility/Equivalency Certificate obtained, from the university from where they have qualified in addition to the requirements in Clause (ii) above. Academic eligibility should be satisfied as on the last date for submission of acade mic data."

7. The language of Clause (ii) of 5.2.1 reveals that the candidates were required to submit the eligibility and equivalency certificate and it was not the duty of the Calicut University to sanction or notify certain universities imparting post-graduation courses to be Writ Appeal No.318 of 2018 8 equivalent for the purpose of admission in B.Ed. The predicament of the appellant/petitioner was writ large when the college permitted her provisional admission. The University did not raise any objection when the details of the list of the students admitted by the college with particulars of the degree was submitted. The admit cards and roll numbers for sitting in the examination are issued by the University and not by the College. The University rather permitted the appellant/petitioner to sit in the examination by issuing two provisional hall tickets. In fact the stand of the University was though firm and candid, but should not have allowed the appellant to sit in the examination by issuing provisional hall tickets. By applying the plain and simple language of Clause 5.2.1(ii) extracted above, the University at their own could have addressed the letter to the University from where appellant/petitioner had undergone a course of post-graduation in English to supply the equivalency certificate or syllabi. Instead only in 2014, that is, on 05/02/2014 vide following communication requested the appellant to provide certain documents, the contents of which reads as under - Writ Appeal No.318 of 2018 9 “ With reference to the above, Smt.Shyni Thomas.M is informed that the M.A. English Language and Literature (correspondence) Degree of Bharathiar University is not recognised by Calicut University. You can apply for the recognition of this course by the Calicut University by submitting an authenticated copy of Scheme, Syllabus, Rules and Regulations of the course concerned in duplicate duly signed by the Registration with a chalan for Rs.350/-, so as to refer the matter of recognition of the course to the Academic Bodies concerned of this University for their evaluation and consideration.”

8. The appellant/petitioner left with no other option but had to address the Bharathiar University. The Bharathiar University vide communication dated 04/03/2014 not only requested the respondent University to declare the result as the syllabi undertaken for post- graduation was equivalent to the courses being imparted by other recognized universities much less the Kerala University. Despite enclosing the copy of the syllabi, University failed to take the decision on that. Mere silence on that letter would tantamount to a deemed equivalence. The future of a candidate cannot remain in doldrums for infinite period. The contents of letter dated 04/03/2013 Writ Appeal No.318 of 2018 10 reads thus - “With reference to the representation cited, I am to state that Bharathiar University, Coimbatore, was established in 1982 by the Government of Tamilnadu under the provision of the Bharathiar University Act 1981 and the Tamilnadu Act 1 of 1982 and was accorded recognition by the University Grants Commission under Section 2(f), 12A and 12B of the UGC Act. It is a member of the Association of Indian Universities (AIU) and also a member of the Association of Common Wealth Universities, United Kingdom. The degrees awarded by this University are recognized by the members of the Association of Indian Universities on reciprocal basis. As per the DEC norms for the State Universities, the Territorial Jurisdiction will be as per their Acts and Statutes for offering Programmes through Distance mode. As per section 6, chapter II of the Bharathiar University Act 1981 and the Tamilnadu Act No 1 of 1982 it is stipulated that the University has the authority to hold examinations and to confer degrees, titles, diplomas and other academic distinctions on persons who shall have pursued an approved course of study by correspondence whether residing within the University area or not and to provide such lectures and Instructions for persons not being residents within the University area under conditions prescribed. This statutory University established the Centre for Participatory Programmes (CPP), SDE during 2008-09 and Writ Appeal No.318 of 2018 11 since then offering various under-graduate and post graduate degree, Diploma, and PG Diploma programmes through Participatory mode, School of Distance Education. The eligibility conditions, syllabus and passing minimum for these courses like BBA/BBM, B.Com (CA), B.Sc(CS), BCA, MA (English Language and Literature) M.Com, MCA, MBA (Marketing Management, Financial Management, Human Resource Management & Information System Management) are on par with regular courses of Bharathiar University Further candidates who have completed their study through Open University system are not eligible for admission to any course offered in the Centre for Participatory Programmes, School of Distance Education. It is also informed that all courses offered in the School of Distance Edcuation of Bharathiar University are approved by the Distance Education Council, New Delhi. (Vide Letter No.DEC/Univ/State/5634, dt.3.9.2007) I am to enclose relevant syllabus for the above courses offered by the Centre for Participatory Programmes, School of Distance Education, Bharathiar University for your reference. Further I enclose copies of Kerala Government order No.G.O.(Ms)No.19/10/H.Edn., Dated, Thiruvananthapuram, 02-02-2010 recognizing the degrees awarded under Distance Education degrees of Bharathiar University as equivalent to the degrees awarded by Kerala University. In this connection I am to request you that all the Writ Appeal No.318 of 2018 12 courses offered by the Centre for Participatory Programmes, School of Distance Education, Bharathiar University may be recognized as equivalent to the degrees awarded by your University on reciprocal basis since Bharathiar University has recognized all the courses offered by Kerala University."

9. There is no reply to the statement with regard to the letter of Bharathiar University. Thus we are of the view that once the University had issued a provisional hall ticket and permitted the appellant/petitioner to sit in the examination, could not have at the drop of the hat withheld the result, at the best could have taken a call on the communication of the Bharathiar University either way.

10. In view of the findings herein above regarding the deemed equivalence, we set aside the judgment of the Single Bench and issue directions to the University to take a call on the letter dated 04/03/2014 within a period of one month from the date of receipt of the certified copy of this Judgment. While taking the decision on the said letter, would also ensure whether subsequent to the controversy, the University has recognized the post-graduation degrees of the Writ Appeal No.318 of 2018 13 Bharathiyar University. We are sanguine of the fact that once the other Universities have already made equivalent, the University would come out with a positive reply. Writ appeal stands allowed. Sd/- AMIT RAWAL JUDGE Jms Sd/- C.S.SUDHA JUDGE Writ Appeal No.318 of 2018 14 APPENDIX OF WA 318/2018 PETITIONER ANNEXURES Annexure AI: Annexure II: Annexure III: Annexure IV: Annexure V: RELEVANT PAGES OF THE GOVERNMENT PROSPECTUS FOR ADMISSION TO B.ED. COURSE 2013, KERALA, ISSUED FROM THE OFFICE OF DIRECTOR OF COLLEGIATE EDUCATION. A TRUE COPY OF THE LETTER NO.EQ& MG/5858/2014 DATED 05/02/2014. A TRUE COPY OF THE COMMUNICATION ISSUED BY BHARATHIYAR UNIVERSITY OF 1ST RESPONDENT UNIVERSITY DATED 04/03/2014. A TRUE COPY OF GOVERNMENT ORDER G.O. (MS) NO.19/10/H.EDN. DATED 02/02/2010. A TRUE COPY ELIGIBILITY CERTIFICATE ISSUED BY KERALA UNIVERSITY DATED 18/06/2015.