High Court Kerala High Court

Sashi M. vs Kannur University on 4 January, 2011

Kerala High Court
Sashi M. vs Kannur University on 4 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 38617 of 2010(B)


1. SASHI M., AGED 47 YEARS, S/O.
                      ...  Petitioner

                        Vs



1. KANNUR UNIVERSITY, REPRESENTED BY
                       ...       Respondent

2. ACADEMIC COUNSEL,

                For Petitioner  :SRI.M.V.AMARESAN

                For Respondent  :SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/01/2011

 O R D E R
                       ANTONY DOMINIC, J.

             ```````````````````````````````````````````````````````
                 W.P.(C) No. 38617 of 2010 B
             ```````````````````````````````````````````````````````
           Dated this the 4th day of January, 2011

                            J U D G M E N T

Petitioner made an application to the respondent

University for an equivalency certificate for M.Sc Computer

Science (Distance Education) (Lateral Entry) to the Degree

obtained by him from Annamalai University. When he made

the application, the University issued him Ext.P3

communication dated 01-12-2010, requiring the petitioner to

produce a certificate from the Annamalai University to the

effect that the contact programme and the examination of the

course pursued by him was conducted within the territorial

jurisdiction of the University, as per the rules of the Distance

Education Council/UGC, along with the scheme and syllabus

of the Lateral Entry Course, duly attested by the Registrar of

the said University. It is challenging Ext.P3, this writ petition is

filed.

2. Counsel for the petitioner contends that, in view of

W.P.(C) No.38617/2010
: 2 :

Ext.P4, which evidences that the UGC has granted

recognition to the Annamalai University, demand made in

Ext.P3 is illegal. I am not able to appreciate the said

contention. Obviously, the Annamalai University could not

have conducted a programme outside its territorial

jurisdiction. If that be so, when an application is made for

equivalency certificate, the respondent University is perfectly

within its power to ask for a certificate of the nature

mentioned in Ext.P3 and on receipt of the said

communication, it was for the petitioner to have obtained the

certificate and produce the same before the respondent

University to enable it to consider the petitioner’s application

for the issuance of the equivalency certificate. Therefore, I do

not find any merit in the challenge against Ext.P3.

The writ petition will, therefore, stand disposed of,

directing that it will be open to the petitioner to produce the

certificate mentioned in Ext.P3 and that, on production of the

same, the first respondent University will consider the

W.P.(C) No.38617/2010
: 3 :

application made by the petitioner for equivalency certificate

and pass orders thereon without any further delay.

(ANTONY DOMINIC, JUDGE)
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