SREENATH P. Vs. COMMISSIONER OF ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) The petitioner, who passed his class XII examination with Mathematics as one of the subjects, went on to obtain his B.Com. qualification from the Calicut University. Thereafter, he appeared at the entrance examination that was conducted for admission to the Master of Computer Application (MCA) course in the various Colleges affiliated inter alia to the Calicut University. The entrance examination itself was held consequent to Ext. P4 notification that was issued by the Office of the Commissioner for Entrance Examinations functioning under the Government of Kerala. Clause 2 of the notification, which deals with the qualifications to be possessed by a candidate desirous of pursuing the MCA course in the AICTE approved institutions in the State for the academic year 2009-10, reads as follows:

(2.) The petitioner, who had passed the B.Com degree recognised by the Calicut University and had passed Mathematics at the 10+2 level, stood qualified and eligible to appear for the entrance examination pursuant to Ext. P4 notification. On emerging successful at the examination, he was subjected to the centralised allotment process and obtained admission to the College of Applied Science, Kozhikode. Later, he exercised his higher option and opted for the MES College of Engineering, Kuttippuram, the third respondent herein, which he subsequently joined. When the 3rd respondent College made enquiries with the 2nd respondent University, as to whether the qualifications possessed by the petitioner would satisfy the requirements of the University for the course that was sought to be pursued by the petitioner, it was informed by the University that insofar as the petitioner did not study Mathematics as one of the subjects for his Degree course, the University Regulations would not recognise the petitioner as a person qualified for the said course. The 3rd respondent College, therefore, sought the advice of the 1st respondent in the matter. It would appear that, pursuant to the advice received from the 1st respondent, the 3rd respondent proceeded to issue Ext. P11 order holding that the provisional admission granted to the petitioner on 30.11.2009 stood cancelled and he was to collect his certificates from the College Office. On being served with Ext. P11 order, the petitioner approached this court impugning the same and seeking a declaration that the Regulations of the Calicut University, insisting on a study of Mathematics as a subject at the degree level as a mandatory requirement for admission to the MCA course, was illegal. By an interim order dated 15.1.2010, this Court stayed the operation of Ext. P11 and permitted the petitioner to continue his studies in the MCA course in the 3rd respondent College pending disposal of the writ petition. It is submitted by counsel for the petitioner that during the pendency of the writ petition, the petitioner completed the MCA course based on the interim direction of this Court and was, thereafter, also issued with the degree certificate dated 27.12.2013 by the 2nd respondent University certifying that he was qualified to receive the Degree of Master of Computer Applications having been placed in First Class at the examination held in December, 2012. By the certificate, the MCA degree is seen conferred on him by the 2nd respondent University.

(3.) In the counter affidavit filed on behalf of the 2nd respondent University, the specific stand taken is that as per the University Regulations, the requirement for admission to MCA is a bachelor degree in any discipline of three years duration with Mathematics (not including Business Mathematics or Business Statistic) as one of the subjects with at least 50% marks scored in Mathematics and the course undergone under the regular programme recognised by the University of Calicut. The contention of the 2nd respondent University is that insofar as the petitioner does not possess the required degree qualification with Mathematics as one of the subjects, he was not qualified for pursuing the course under the Calicut University notwithstanding the fact that the qualifications prescribed by the Commissioner of Entrance Examination in Ext. P4 notification enabled him to appear for the said examination. When queried on the fact of issuance of the MCA degree certificate to the petitioner, counsel for the 2nd respondent University would contend that the said certificate was probably issued on a mistaken interpretation of the interim order passed by this Court and, at any rate, the 2nd respondent University had the power to cancel or recall the said certificate.