ABHILASH Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) The petitioner who possess B.Sc. degree in Botany and M.Sc. in Botany awarded by the Mahatma Gandhi University applied for admission to the B.Ed. degree course pursuant to Ext.P3 admission notification to the Principal, Mahatma Gandhi University College of Teacher Education, Vaikom for the year 2011-12. By Ext.P5 letter dated 25.7.2011, the Principal of the institution informed the petitioner that his application has been rejected as the mark list produced by him did not show the minimum marks required for qualifying in the practical examination in Part III, held in March 2004. Hence this writ petition seeking the following reliefs:

(2.) When the writ petition came up for hearing today, Sri. T.A. Shaji, learned standing counsel appearing for Mahatma Gandhi University, submitted that though it is not so stated in Ext.P5, the real reason which led to the rejection of the petitioner's application was that in the 6th semester examination held in March 2004, the petitioner did not secure the minimum of 35 marks required for a pass in the practical examination. Referring to the mark list produced by the petitioner at page 12 of Ext.P4, it is stated that the petitioner secured only 34 marks as against the minimum requirement of 35 marks and therefore the petitioner did pass the 6th semester B.SC degree examination held in March 2004. It is not in dispute that after the petitioner underwent the B.Sc degree course, Ext.P1 degree certificate was issued by the Mahatma Gandhi University to the effect that he has passed the B.Sc degree examination. He thereafter joined the M.Sc degree course in Botany in St. Alberts College, Ernakulam affiliated to the Mahatma Gandhi University and completed the course and passed the M.Sc degree examination in the first class. He was thereafter awarded M.Sc degree in Botany as can be seen from Ext.P2. In such circumstances, in the light of the principles laid down by the Apex Court in Sanatan Gauda v. Berhampur University and Others, 1990 AIR(SC) 1075 the University which awarded a post graduate degree to the petitioner in the very same subject after permitting him to appear for the post graduate degree examination on the basis that he has passed the B.Sc degree examination in Botany is estopped from concluding that he has not passed the B.Sc degree examination in Botany. I accordingly hold that the stand taken by the University that he has not passed the B.Sc degree examination cannot be sustained. Necessarily therefore it has to be held that he will be entitled to apply for admission to the B.Ed. degree course in the ensuing year and in the event of the petitioner applying for the B.Ed. degree course or for any other course, the Mahatma Gandhi University shall not reject his application on the ground that he has not passed the B.Sc degree examination in Botany.