MUHAMMED ABDULSSATHAR Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioners in both the Writ Petitions are students of the Pattam Thanu Pillai Memorial College of Education, Thiruvananthapuram, affiliated to the first respondent University. The college, in which the petitioners had obtained admission for the B.Ed. course is impleaded as the 4th respondent. Admittedly, the petitioners have been admitted to the course against the norms prescribed in Ext. P7 prospectus. The petitioners were all graduates in English Language and Literature who had sought for admission in B.Ed. English Language and Literature. The essential requirement for admission to the B.Ed. course is evident from Ext. P7 prospectus under clause 5.4.2.1(a) which is extracted here.

(2.) The learned standing counsel for the respondent University however, would take a contrary stand in so much as holding out the prescription in the prospectus, as a prescription of higher standard and not lower standard. The University by way of a statement, contends, since the main subject in the graduate stream is the subject in which B.Ed. is also imparted, relevance is on the main subject and subsidiary subjects and not the result of the languages which a graduate student takes as Part I and Part II.

(3.) The petitioners were all admitted by the 4th respondent College as per Ext. P7 prospectus. First and foremost, the petitioners knew of their disentitlement when offering themselves for admission, under Ext. P7, since, they were all graduate who did not have the 50% marks in the Part III subjects at the graduate level. They chose to seek and obtain admission in the 4th respondent College under Ext. P7 knowing fully well that they were not so qualified to get admission. No challenge to the provisions in the prospectus were also made at that point of time. The 4th respondent College having admitted them, when the first semester examinations were approaching the mark lists were to be forwarded to the University, for verification and issuance of hall tickets. It is admitted by both sides that the University verifies the mark lists only at that stage. The University having verified the mark list and found the disentitlement of the petitioners under Ext. P7 prospectus declined to permit the petitioners to write their examinations.