SAVITRI VIOZAT Vs. THE DIRECTOR, PONDICHERRY UNIVERSITY, COMMUNITY COLLEGE, TAC CAMPUS, LAWSPET, PONDICHERRY,

JUDGEMENT

(1.) In both writ petitions, the petitioner prays for the issue of a writ of certiorarified mandamus to call for the records of the respondents in Memorandum of the first respondent dated 5.1.2001, to quash the same and to direct the second respondent to issue an equivalent certificate to the effect that the Baccalaureat first year (13 academic years) completed by the petitioner in the fifth respondent school as equivalent to higher secondary examination and consequently direct respondents 1 and 2 to publish the results of six semesters examinations of the petitioner in B.Sc. Bio -Chemistry course, and to call for the records of the third respondent dated 26.09.2001 and to quash the same.

(2.) The petitioner contends that she is an Indian citizen by domicile having born at Pondicherry on 21.04.1982. Her father is a Frenchman and her mother is Indian. She commenced schooling from the Academic year 1985 -86 in the fifth respondent School which follows the French system of education. The course consists of three years of Kindergarten, 5 years of Primary and 4 years in College and 3 years in Lycee (after College). On completion of 15 academic years, a student is conferred Baccalaureat Final. The 13th, 14th and 15th academic years are referred to as Baccalaureat first year, Baccalaureat second year and Baccalaureat third year namely, Seconde, Premiere, Terminale. As the petitioner did not intend to pursue her further studies in foreign country and could not afford to do so, the petitioner left the first respondent College after completing her 13th academic year, Baccalaureat first year, with the intention of joining M.B.B.S. Course at Jipmer, Pondicherry. The petitioner was required to apply to the second respondent, Pondicherry University, for the issue of equivalent certificate with reference to Baccalaureat first year which she had passed and completed. The petitioner also remitted all necessary fees, but she has not been given equivalence certificate in spite of repeated requests and reminders. The petitioner's mother repeatedly attempted to get the certificate, but was driven from pillar to post and finally she wrote a letter on 15.6.1998 chronologically setting out the facts. Apparently, officials of the second respondent University did not relish the said letters and became hostile to the petitioner. Therefore, the petitioner on coming to know about the first respondent - College which was run by the second respondent - University which was started in the year 1995, the petitioner applied for a course called "Medical Bio -Chemistry" which was an associate degree and the duration of the course was two years. In the mean time, the petitioner's maternal uncle Mr. Ganesh who was in Kolhapur, Maharashtra, made enquiries and found that the fourth respondent - University recognised the Baccalaureat first year as equivalent to higher secondary examination/pre -degree examination. This information was gathered from the fourth respondent - University. The third respondent who was in existence from 1925 had published a hand book dealing with Equivalence of Foreign degrees in which the said fact was clearly stated. Therefore, the petitioner's uncle applied to the fourth respondent - University also for an equivalence certificate on 17.8.1998. The fourth respondent - University had informed that the papers were being sent to the third respondent - Association for the assessment of equivalence and a certificate will be issued after evaluation. Thereafter, the fourth respondent gave a equivalence certificate on 17.9.1998 issued by the third respondent - Association. In the said certificate it has been stated that it was issued by the third respondent - Association. It was received by the petitioner's maternal uncle on 17.9.1998. In the mean time, the petitioner was called for counselling by the first respondent and respondents 1 and 2 after thoroughly evaluating the petitioner's certificate as well as the Course undergone by her accepted the position that she had completed 13 academic years in the fifth respondent - School which was equivalent to Pre -degree examination. The equivalence certificate dated 17.9.1998 was also subsequently accepted. The petitioner was admitted into the said Associate degree in the first respondent/College.

(3.) She continued her studies in B.Sc. Bio -Chemistry in the first respondent - College and completed five Semesters. She also wrote the medical entrance test conducted by the Centralised Admission Committee of Government of Pondicherry on 25.11.2000. The hall -ticket was given subject to the condition that she should produce either the equivalence certificate or get the equivalence certificate dated 17.9.1998 issued by the third respondent with due endorsement. The petitioner approached the Pondicherry University to get the endorsement. As no reply was received, the petitioner sent a copy of the said certificate dated 17.9.1998 to the third respondent - Association at New Delhi for endorsement.