IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8289 of 2009(E)
1. ASOK CHACKO THOMAS, NEDUVELIL HOUSE,
... Petitioner
2. PRAJEESH.A., PRASANTHY HOUSE,
Vs
1. MAHATMA GANDHI UNIVERSITY, REPRESENTED
... Respondent
2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY
3. THE UNIVERSITY GRANTS COMMISSION,
4. THE NATIONAL UNIVERSITY OF ADVANCED
5. THE UNION OF INDIA, MINISTRY OF HUMAN
For Petitioner :SRI.V.JOHN MANI
For Respondent :SRI.BENOY K.KADAVAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/10/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.8289 OF 2009 (E)
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Dated this the 14th day of October, 2009
J U D G M E N T
Counsel for the petitioners submit that the first petitioner
alone is interested in prosecuting the writ petition. This
submission is recorded.
2. First petitioner is a graduate from the National University
of Advanced Legal Studies, the 4th respondent in this writ petition.
Ext.P1 is his Degree Certificate. Thereafter he joined 3 year LLM
course conducted by respondents 1 and 2 at the study center at
St.Paul’s College, Kalamassery and commenced his studies.
According to the Ist petitioner, while so on 22.12.2008, he was
summoned by the Course Coordinator and was directed to
produce Eligibility Certificate issued by the first respondent
University. Petitioner submits that, thereupon he made an
application for Eligibility Certificate, but however the certificate
was not issued by respondents 1 and 2. Thereupon though he
made Ext.P7 representation, there was no reply. It is stated that
for want of Eligibility Certificate he had to discontinue his studies.
In these circumstances, the writ petition was filed praying for
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directing the respondents 1 and 2 to issue Eligibility Certificate
enabling him to continue his studies.
3. On behalf of the Ist respondent, University a statement,
dated 3rd August, 2009 has been filed stating that all regular
degrees conferred by the Universities listed by the Association of
Indian Universities/University Grants Commission have been
recognized by the M.G. University as per its order dated
17.3.1999. It is stated that the name of the 4th respondent is not
seen listed in the hand book published by the Association of
Indian Universities and therefore the University has sought
clarification from the Association of Indian Universities as well as
the University Grants Commission as per Annexures A and B
letters. It is stated that the University will take urgent steps for
issuing Eligibility Certificate immediately on receipt of the
clarification that it has sought, provided the 4th respondent is
recognized and the candidate has undergone course as a regular
student.
4. Affidavits have been filed by respondents 3 and 4 as well.
The 3rd respondent UGC, in paragraph 10 of its affidavit has stated
that the 4th respondent, the National University of Advance Legal
Studies is a State University established under the National
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University of Advanced Legal Studies Act, 2005 and that it is a
University within the meaning of Section 2(f) of the UGC Act 1956,
entitled to confer or award degree specified by UGC as provided
under Section 22 of the UGC Act. It is also stated that presently
the UGC is not maintaining any list of Universities recognized
under Section 2(f) of the Act. The 4th respondent in its counter
affidavit has stated that it is a University entitled to confer
degree and therefore the first respondent University is liable to
issue Eligibility Certificate without any further proceedings. It is
also stated that Association of Indian Universities is a voluntary
organization and that the 4th respondent is not a member of the
Association.
5. I heard the Counsel appearing for the parties. Section
25 of the M.G. University Act, 1985 specifies the powers and
duties of the Academic Council. In terms of sub Section (xi) it is
for the Academic Council to decide on the examinations of the
other universities, which may be treated as equivalent to those
of the University and to negotiate with other Universities for
recognition of examinations of the University. It is in pursuance
to this power that the Academic Council in its meeting held on
10.12.2998 resolved to grant recognition to regular courses/
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degrees of Universities listed by the Association of Indian
Universities/ University Grants Commission from time to time. It is
in pursuance to this decision of the Academic Council that the
University Order dated 17.3.1999, produced along with the memo
dated 5th October, 2009, has been issued. A perusal of the
aforesaid resolution of the Academic Council shows that any
regular course/degree of universities listed by the Association of
Indian Universities/UGC stands automatically recognized by the
first respondent University.
6. Section 2(f) of the UGC Act defines a University as one
established or incorporated by or under a Central Act, a provincial
Act or a State Act and includes any such Universities as may in
consultation with the University concerned is recognized by the
Commission in accordance with the resolutions under the UGC
Act, 1956. Universities defined in Section 2(f) are entitled to
confer Degrees in view of Section 22 of the UGC Act referred to
above.
7. The 4th respondent is a University established under the
National University and Advance Legal Studies Act, 2005(Act 27
of 2005), a State Act, and this fact has been recognized by the
UGC in paragraph 10 of its counter affidavit. The Ist respondent
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also has no case to the contrary. In the said counter affidavit,
UGC has further accepted that the 4th respondent is entitled to
confer degrees as well. It is also evident from its counter
affidavit that, UGC is not maintaining any list of Universities,
recognized by it. Counter affidavit of the 4th respondent also
shows that it is a University and that it is not a member of the
Association of Indian Universities, which is only a voluntary
organization. In such a situation, the resolution of the Academic
Council granting automatic recognition to courses/ degrees will
not come to the rescue of students of the respondent University
like the petitioner since the 4th respondent is not included in the
list maintained by the Association of Indian Universities and as
UGC is not maintaining any list. However, that does not mean
that the future of the students can be at peril and the Ist
respondent cannot be a silent spectator. Since the counter
affidavit of the UGC accepts the fact that the 4th respondent is a
University as defined in Section 2(f) entitled to confer degree as
provided in Section 22 of the UGC Act and in the absence of any
list maintained by the UGC, I do not think that there is any
rationale in the first respondent University insisting on
recognizing only the regular course/degree of the Universities
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included in the list maintained by the UGC. The Association of
Indian Universities, being only a voluntary organization, none can
compel the 4th respondent to obtain membership in the
Association nor can the Ist respondent make recognition of
courses, conditional on such membership, I am of the view, in
the light of the stand taken by the UGC, fairness requires that
the first respondent University should issue Eligibility Certificate
to the students of the 4th respondent University who have
attended regular courses/degrees. In view of the above, if a
request for Eligibility Certificate is received, what the first
respondent need examine is whether the student concerned has
attended regular courses/degree in the 4th respondent University.
On such verification, if it is satisfied that the student satisfies this
condition, the Ist respondent shall issue an Eligibility Certificate
as sought for.
8. Accordingly, the writ petition is disposed of directing that
it will be open to the first petitioner to approach respondents 1
and 2 for the issue of an Eligibility Certificate in which event the
first respondent shall examine whether the first petitioner was a
regular student of course/degree conducted by the 4th
respondent University and if that condition is satisfied, the
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Eligibility Certificate as sought for shall be issued, without ay
further delay.
Writ petition is allowed as above. No costs.
(ANTONY DOMINIC)
JUDGE
vi/