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High Court of KeralaWP(C)/4435/2015disposed of

Mayoosha K.P. v. Union Of India

2015-02-11Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 WP(C).No. 4435 of 2015 (D) ---------------------------------------- PETITIONER(S) :

------------------------ MAYOOSHA K.P, AGED 22 YEARS, D/O. RAJAN K.K, KACHILIKALAYIL HOUSE, UNNIKULAM POST, KOZHIKODE DISTRICT.

BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S) :

----------------------------

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF RESOURCE DEVELOPMENT DEPARTMENT OF HIGHER EDUCATION, SHASTRI BHAVAN, NEW DELHI, PIN-110 115.

2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE HIGHER EDUCATION DEPARTMENT,THIRUVANANTHAPURAM, PIN-695 001.

3. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM, PIN-695 001.

4. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN-682 022, REPRESENTED BY ITS REGISTRAR.

5. THE INSTITUTE OF ELECTRONICS AND TELECOMMUNICATION ENGINEERS, 2, INSTITUTIONAL AREA, LODHI ROAD, NEW DELHI-110 003.

6. THE CO-OPERATIVE INSTITUTE OF TECHNOLOGY, VATAKARA, POST VADAKARA, KOZHIKODE DISTRICT, PIN-673 101, REPRESENTED BY ITS PRINCIPAL.

R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 & R3 BY SR.GOVERNMENT PLEADER SRI.JOSEPH GEORGE R4 BY ADV. SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 4435 of 2015 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 5TH RESPONDENT INSTITUTION DATED 04-11-2013. EXHIBIT P2:

THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE MINISTRY OF SCIENTIFIC RESEARCH AND CULTURAL AFFAIRS DATED 24-06-1959.

EXHIBIT P3:

THE TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT DATED 16-01-2002.

EXHIBIT P4:

THE TRUE COPY OF THE GOVT. LETTER DATED 09-12-2005. EXHIBIT P5:

THE TRUE COPY OF THE ORDER DATED 12-08-2009 ISSUED BY THE CALICUT UNIVERSITY.

EXHIBIT P6:

THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE MINISTER FOR EDUCATION DEPARTMENT, DATED 20-10-2014.

EXHIBIT P7:

THE TRUE COPY OF THE ACKNOWLEDGEMENT DATED 10-12-2014. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.4435 of 2015 --------------------------------------- Dated this the 11th day of February, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to issue equivalency certificate as per Ext.P6 representation.

b) Issue a writ of mandamus or any other appropriate writ, order of direction directing the 3rd respondent to consider and pas appropriate orders on Ext.P6 representation filed by the petitioner. And c) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time."

2. The learned counsel for the petitioner submits that the petitioner completed her Diploma in Computer Science and Engineering from the 5th respondent Institution as evident from Ext.P1 Certificate. According to the petitioner, the said course is recognised by the Union of India by virtue of Exts.P2 and P3 and that the State of Kerala has also recognised the said course. With intent to register with the 4th respondent University, after participating in a lateral entry examination, the petitioner sought to obtain an equivalency certificate from the 3rd respondent. But, the

W.P.(C) No.4435 of 2015 claim was not acceded to and hence the petitioner filed Ext.P6 representation before the concerned Minister. The petitioner has been let known as per Ext.P7 that, Ext.P6 has already been forwarded to the 3rd respondent for consideration and appropriate action. The prayer is to cause the same to be considered and disposed of within a reasonable time.

3. Heard the learned Government Pleader as well.

4. Considering the limited extent of relief sought for, this Court does not find it necessary to go into the merits of the case.

5. In the said circumstances, there will be a direction to the 4th respondent to consider and finalise Ext.P4, after affording an opportunity of hearing to the petitioner and also to the University, at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment.

Petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 4th respondent, for further steps.

The writ petition is disposed of.

P.R. RAMACHANDRA MENON, JUDGE sp