IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22070 of 2010(G)
1. AKHILESH A.R., ADIYOLI HOUSE,
... Petitioner
Vs
1. THE MAHATMA GANDHI UNIVERSITY,
... Respondent
2. THE REGISTRAR,
3. THE CONTROLLER OF EXAMINATIONS,
4. ALL INDIA COUNCIL FOR TECHNICAL
5. THE PRINCIPAL,
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :02/08/2010
O R D E R
S.SIRIJAGAN, J.
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WP (C) No. 22070 of 2010
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Dated this the 2nd day of August, 2010
J U D G M E N T
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The petitioner is a student who completed the B.Tech
Engineering Degree course after getting admission in the
quota fixed for lateral entry students who passed Diploma
courses in Engineering. Petitioner completed the course
and obtained degree also. But when the petitioner
approached the first respondent University for an
eligibility certificate, the University has not granted the
same, on the ground that there is doubt regarding the
validity of the admission of the petitioner for the course
itself. The contention of the petitioner is that the issue is
clearly covered on Exhibit P12 decision of the division
bench of this Court in WP(C)No.11446/2009 and
connected cases. Therefore the petitioner seeks the
following reliefs:-
i. “Issue a writ of certiorari or any other appropriate writ,
direction or order calling for the records leading to
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Exhibit P9 and quashing the same.
ii. Issue a writ of mandamus or any other appropriate writ,
direction or order directing respondents 1 and 2 to issue
Eligibility Certificate to the petitioner for his B.Tech
Engineering Degree Course in Electronics and
Communication Engineering.
Iii. Declare that the admission given to the petitioner under
the Lateral Entry System in accordance with Exhibit P4
Regulations for B.Tech Engineering Degree Course in
Electronics and Communication Engineering in the
Matha College of Technology, Manakkappadi in the year
2005 is legal, regular and valid”.
2. The learned standing counsel for the University
does not dispute the applicability of Exhibit P12 judgment
to the petitioner’s case. His only contention is that,
Exhibit P12 judgment has been taken in appeal before the
Supreme Court and is pending. Even assuming that the
appeal is pending and there is a stay, the ratio of Exhibit
P12 decision has to be followed by single Judges of this
Court. That being so, the petitioner is entitled to the very
same reliefs granted by this Court to others in Exhibit P12
judgment.
Accordingly, it is declared that the admission of the
petitioner to B.Tech degree course is regular and valid
and the respondents 1 and 2 are directed to issue
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eligibility certificate to the petitioner for which he has
submitted application, as expeditiously as possible, at any
rate, within a period of two weeks from the date of receipt
of a copy of this judgment.
S.SIRIJAGAN,
JUDGE.
rkc