ANANDU.A Vs. HIGHER EDUCATION DEPARTMENT

JUDGEMENT

(1.) The petitioners herein had pursued their B.Sc. Computer Science Degree during the year 2016-2019 from various colleges affiliated to the University of Kerala, the 2nd respondent herein. The grievance raised by them in this writ petition concerns the delay in issuing the original degree certificate to the petitioners and the migration certificate to the 4th petitioner.

(2.) The brief facts of the case are as under:

(3.) A counter affidavit has been filed by respondents 2 and 3. It is stated that the petitioners have completed their B.Sc. Computer Science Course during the period from 2016-2019. Due to a software error, candidates were granted an irregular hike in moderation in respect of the career related CBCSS Programmes. When this fact was brought to the notice of the University, a probe was ordered by constituting an External Expert Committee. The Committee found that there has occurred an irregularity in granting moderation due to an error in the moderation module of the tabulation software. The enquiry which was conducted however revealed that no deceptive or malafide measures were adopted by any person but the irregularity was purely a software error. The defect was immediately rectified. A complaint was lodged before the Crime Branch and an enquiry is in progress. According to respondents 2 and 3, about 135 candidates had benefited out of the irregular hike in moderation out of which, 23 candidates went on to secure qualifying marks. Those 23 students were awarded Degrees/ Provisional Certificates/ Consolidated Mark list by the University. The remaining students were noted as failed in the papers other than the affected papers and they were not able to qualify. In the said circumstances, the University had no other option, but to proceed under Chapter 31 of the Kerala University First Statute, 1977, to revoke the irregular hike in moderation and thereby to cancel the Degree/Qualification. The Syndicate resolved to cancel the degrees of the 23 candidates and thereafter the matter was placed before the Senate for consideration. The Senate in the meeting held on 28/7/2020 considered the matter and resolved to withdraw the degrees awarded to the 23 candidates and the recommendation to withdraw the degrees was submitted for confirmation before the Chancellor. It was also decided to hold a special Examination for the candidates who benefited from the irregular moderation after obtaining the confirmation of cancellation by the Chancellor. However, the Chancellor sought clarification as to whether the cancellation of the Degree would fall within the purview of Chapter 31 of the Kerala University First Statute, 1977. Respondents 2 and 3 felt that an amendment to the Kerala University First Statute was necessary to cancel the Degree and the Syndicate approved the proposed introduction of Chapter 5A to Chapter 27 of the Kerala University First Statute, 1977 and the same was placed before the Senate for approval. The proposed amendment was approved by the Senate on 26/8/2021 and the proposal was placed before the Chancellor for assent as envisaged under Sec. 35 (6) of the Kerala University Act, 1974. It is further stated that since further clarity was found needed regarding the time span for invoking the provisions, a revised amendment proposal was placed before the Syndicate during the meeting held on 28/10/2021 and the revised amendment was approved by the Senate. The assent of the Chancellor was sought as per Ext.R2(a). It is stated that the University would be able to proceed further only after receiving a response from the Chancellor.