THOMAS M.KOSHY Vs. COMMISSIONER FOR ENTRANCE EXAMINATION

JUDGEMENT

(1.) Ext. P7 order passed by the second respondent University declining to grant eligibility certificate to the petitioner to pursue the three year L.L.B. Course in the 3rd respondent college is under challenge. The petitioner, after completing his S.S.L.C. in the year 1976 and Pre-degree from a College under the University of Kerala in 1973; joined for B.Com degree in Ispat College, Rourkela, Orissa in 1980 and bagged the Degree in April, 1982 as borne by Ext P2 Degree Certificate issued by the Sambalpur University. Thereafter, the petitioner got provisional registration for M. Com Degree Examination under the University of Kerala in the year 1982 itself, as borne by Ext. P4.

(2.) While so, the first respondent issued notification in respect of the entrance examination scheduled on 13.09.2009 for admission to the 3 year LL.B. Course in the Government Law Colleges in the State of Kerala. Pursuant to the application made by the petitioner, he was assigned roll Number vide Ext. P5 and on coming out successful in the said examination, the petitioner was given Ext. P6 selection memo advising him to join the 3rd respondent college. By virtue of the terms of Ext. P1 prospectus, the eligibility for admission stipulates that the candidate should be a graduate in any faculty of any Universities in Kerala or any other University recognized by any Universities in Kerala as equivalent thereto and further only a candidate who has passed the Bachelor's Degree Examination with a minimum of 40 % marks in the aggregate shall be eligible for admission to the three year LL.B. course [Clause 6(ii) of the prospectus (Ext. P1)]. Ext. P1 prospectus also stipulates that, candidates who have obtained Graduation from Universities outside the State, shall produce necessary 'Eligibility Certificate' from the particular University under whose jurisdiction to which the candidates selected to be admitted, is situated. In view of the said requirement, the petitioner approached the second respondent by filing an application for issuance of eligibility certificate, which was considered and rejected by the University as per Ext. P7 dated 17.11.2009 stating that the course undergone by the petitioner was not a 'three year' Degree programme and that the University had recognized only 3 year Degree course (B.A./B.Sc./B.Com etc.). This in turn is under challenge in this Writ Petition.

(3.) The second respondent has filed a counter affidavit, seeking to sustain Ext. P7, also pointing out that, only 'Regular Degrees' of the Universities listed by AIU/UGC have been recognized by the Mahatma Gandhi University, as per University Order No. Ac.D/2/99 dated 17.3.1999. It is stated that the accepted pattern of study for acquiring a Regular Degree is "10+2+3"; that the Mahatma Gandhi University is not conducting any two year Bachelor Degree Programme and as such, Ext. P7 is not assailable under any circumstances.