Asamsa Rani Velakkat vs The University Of Kerala Rep.By on 20 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20364 of 2009(M)


1. ASAMSA RANI VELAKKAT,
                      ...  Petitioner
2. FASNI P.M,
3. ROSHINI ABDULLA, D/O. ABDULLA,
4. SANA SUKUMARAN, D/O.T.C.SUKUMARAN,

                        Vs



1. THE UNIVERSITY OF KERALA REP.BY
                       ...       Respondent

2. THE CONTROLLER OF EXAMINATIONS,

3. THE KERALA INSTITUTE OF TOURISM AND

                For Petitioner  :SRI.JIJO PAUL

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :20/07/2009

 O R D E R
                             V.GIRI,J.
                      -------------------------
                 W.P ( C) No.20364 of 2009
                      --------------------------
                Dated this the 20th July,2009

                        J U D G M E N T

Petitioners are prosecuting the 2nd semester in the

Master of Business Administration (M.B.A) in the 3rd

respondent institution. The stand taken by the University

is that the qualifying examination acquired by the

petitioners is not recognized by the University. This was

considered by this Court in Exts.P1 and P2 judgments

and the Vice Chancellor was directed to take a decision,

as directed hereunder. Paragraph 13 of Ext.P1 judgment

reads as follows:

“Accordingly, there will be a direction to
the Vice Chancellor of the 3rd respondent,
University, to consider whether the BTS degree
offered by the M.G University, to the students
who attend the Off-campus centres including
the petitioners’ herein, can be treated as
equivalent to the BTS Degree offered by the
M.G University to regular students. Vice
Chancellor shall take a decision in this regard,
after hearing a representative of the
petitioners’ and with reference to Ext.P6 in WP
(C) No.26515/2008. Vice chancellor may take
such a decision after consultation with the Dean

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and the Board of studies. Such decision shall be
taken within two months from the date of receipt
of a copy of this judgment. It is open to the
petitioners to place materials before the Vice
Chancellor in substantiation of their contention.
Interim orders passed by this court shall continue
to operate till a decision is taken by the Vice
Chancellor.”

2. Petitioners’ are aggrieved by their inability to

take second semester MBA Examination.

3. Heard learned standing counsel for the

University also.

4. The question of recommendation of recognising

the qualifying examination passed by the petitioners, is

pending decision by the Vice Chancellor, as already

directed by this Court in Exts.P1 and P2.

5. Therefore, the petitioners may be permitted to

attend the 2nd semester examination on a provisional basis.

They shall be issued with hall tickets, if not already issued.

At any rate, they shall be permitted to attend the 2nd

Semester MBA Examination. The results of the petitioners’

participation shall be published only after the Vice

Chancellor takes a decision as already directed in Exts.P1

W.P ( C) No.20364 of 2009
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and P2 and subject to the decision to be taken by the Vice

Chancellor. It is further made clear that petitioners’

participation in the examination as permitted herein will

not be treated as consequent to any opinion expressed by

this Court. If the Vice Chancellor takes a decision adverse

to them, subject to the right of the petitioners to take

appropriate steps in relation to the decision to be taken by

the Vice Chancellor the participation by the petitioners

shall be treated as nonest.

Writ petition is disposed of.

(V.GIRI,JUDGE)

ma

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