REGISTRAR UNIVERSITY OF COCHIN Vs. VINCENT PANIKULANGARA

JUDGEMENT

(1.) The appellant before us is the Registrar, University of Cochin. The first respondent herein Sri. Vincent Panikulangara had applied to the Cochin University for registration as a research student and as a candidate for the Degree of Doctor of Philosophy in the Faculty of Social Sciences. That application was rejected on the ground that Sri. Vincent was not eligible to apply for registration as research student and as a candidate for Ph. D. Degree in the Faculty of Social Sciences. Ext. P1 is a copy of the communication issued by the Registrar of the University of Cochin to Sri Vincent intimating him about the rejection of his application. Sri. Vincent thereupon came up to this Court and filed O. P. No. 928 of 1975 out of which this appeal has arisen, seeking to quash Ext. P1 and praying for a writ of mandamus directing the Syndicate of the University of Cochin to consider the petitioner as a research student duly registered as a candidate for the Degree of Ph. D. in the Faculty of Social Sciences with effect from 24-1-1974. That writ petition was allowed by a learned single Judge who quashed Ext. P1 and issued a direction to the Syndicate of the Cochin University to consider and dispose of the application of Sri. Vincent in accordance with Statute.9(1)(a) of Chap.13 of the First Statutes of the Kerala University as it stood on the day when the Cochin University Act, 1971 (hereinafter referred to as the Act) came into force without being in any way fettered by the provisions of the Regulations framed by the Academic Council of the Cochin University regarding admission to Research Degrees with effect from 10-4-1974 as per the notification Ext. P3 dated 12th September, 1974. It is against the said decision of the learned single Judge that the Registrar of the University has preferred this appeal.

(2.) It will be convenient to refer to the parties in accordance with the position occupied by them in the array of parties in the original petition. Hence Sri. Vincent who was the writ petitioner will hereinafter be referred to as the petitioner, the Registrar of the University (appellant) will be referred to as the first respondent and the Syndicate of the University as the 2nd respondent.

(3.) The Act (Cochin University Act) whereunder the University of Cochin was established, came into force on 24th August, 1971. S.62 of the Act lays down that all Statutes, Ordinances, Rules and Regulations in force in the Kerala University on the date of the commencement of the Act, in so far as they are not inconsistent with the Act, shall continue to be in force in the area of the Cochin University until they are replaced by Statutes, Ordinances, Rules and Regulations made under the Act. The Statutes of the Kerala University which were in force on the date of commencement of the Act were the First Statutes issued under the Kerala University Act, 1957. Chap.13 thereof dealt with the Faculty of Arts. Statute.7(i) to (iv) (this original numbering seems to have been subsequently altered as Statute.9(i) to (iv)) in that Chapter was in the following terms :--