MAHATMA GANDHI UNIVERSITY Vs. SATHEESH KUMAR.K.A.

JUDGEMENT

(1.) UNIVERSITY is the appellant and the party respondents, who were the writ petitioners, 3 in number, are tutors working in the Sree Sankaracharya University of Sanskrit. The petitioner in W.P.(C).No.19971 of 2008 is a Five Year National Diploma holder in Painting and the petitioners in W.P.(C).No.10999 of 2005 are respectively post diploma holder and diploma holders in Bharatanatyam and Mohiniyattom; respectively. All the petitioners took their diploma from R.L.V.College of Music and Institute of Fine Arts, Tripunithura (hereinafter referred to as "RLV College"). The petitioners were admitted to the post graduate course in accordance with an order dated 24.03.2004 of the appellant University. However, at the time of publication of results, the results of the petitioners were withheld for reason of their having not passed the Part I and Part II examination of the degree course. The short question involved in the appeals is as to whether their status, as diploma holders from RLV College with three years continuous extant regular service of Government/University, exempt them from qualifying in Part I/Part II language examinations of the degree course. The learned Single Judge held in favour of the petitioners and found that clause 4 of Exhibit P4 order dated 24.03.2004, to the extent the same is contrary to the decision of the Academic Council of the University is liable to be quashed. The petitioners' results were directed to be declared by the impugned judgment.

(2.) SINCE the cardinal issue that arose in the appeals was with respect to the decision of the Academic Council, approved by the Syndicate, we directed the University to file the documents relating to the decisions arrived at by the Academic Council as approved by the Syndicate of the University; which was done by a verified petition dated 1.3.2013. We refer to the documents produced in the verified petition and notice that Exhibit P4 order referred to above has been produced as Annexure C along with the verified petition.

(3.) THE petitioners approached this Court for being admitted to the post graduate courses and on the University's specific admission in their counter affidavit that the petitioners were eligible to be admitted to the post graduate course, their prayers were allowed and they were admitted to the 2003-05 post graduate course. The dispute arose at the time of declaration of results, since according to the University clause 3 extracted above; more specifically the condition of pass in Part I and II of degree course, was not complied with by the petitioners and, hence, their results cannot be declared.