High Court of KeralaWP(C)/30592/2015disposed of

Abhilash O.U. v. The Principal, Govt. Law College, Ekm

2015-10-09Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 WP(C).No. 30592 of 2015 (Y) ---------------------------- PETITIONER :

---------------------- ABHILASH O.U., AGED 37 YEARS, S/O. LATE USHAR RAJ, RESIDING AT KARTHIKA, PUTHUKALVATTOM, ELAMAKKARA - 682 026.

BY ADVS.SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P.

SMT.ANILA PETER SRI.J.VIVEK GEORGE RESPONDENT(S):

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

1. THE PRINCIPAL, GOVERNMENT LAW COLLEGE, ERNAKULAM - 682 011.

2. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM - 686 560, REPRESENTED BY ITS REGISTRAR.

3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, SHANTI NAGAR, THIRUVANANTHAPURAM - 695 001.

4. UNIVERSITY OF PUNE, PUNE- 411 007, REPRESENTED BY ITS REGISTRAR.

R1 & R3 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R2 BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 30592 of 2015 (Y) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF DOCTORAL DEGREE CERTIFICATE.

P2 - TRUE COPY OF THE E-MAIL RECEIVED FROM THE 3RD RESPONDDENT. P3 - TRUE COPY OF TRANSFER CERTIFICATE ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY.

P4 - TRUE COPY OF THE PETITIONER'S ALLOTMENT LETTER WITH 1ST RESPONDENTS ENDORSEMENT.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.S.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 30592 of 2015 ---------------------------------------- Dated this the 9th day of October, 2015

J U D G M E N T

Petitioner is having Ph.D. from the fourth respondent/University. He applied of LLB Degree course (Three Year). He was insisted to produce Transfer Certificate from the fourth respondent. He could not produce the transfer certificate as he was only a Ph.D.holder.

2. Based on the interim order, the petitioner was granted admission. The question is whether the petitioner is liable to produce T.C. from the fourth respondent. In fact, according to the petitioner, he secured his Ph.D. from the fourth respondent and he was doing his research at the National Chemical Laboratory (CSIR), Pune. According to him, though he had secured the Ph.D. as a Full Time scholar, it is not treated like any other undergraduate, postgraduate courses to issue T.C. by the fourth respondent/University. Though he

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made attempt to procure T.C., the fourth respondent refused to issue such T.C.

3. This Court is of the view that since the petitioner's eligibility is otherwise with degree for attending the LLB programme, considering the nature of programme applicable, the respondents shall not insist for production of T.C. Based on the interim order, this writ petition is disposed of.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/

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