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Joby P.L vs Mahatma Gandhi

High Court Of Kerala|22 November, 2014
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JUDGMENT / ORDER

The petitioner is aggrieved by Ext.P5, by which the petitioner's admission to the B.Ed Degree couse of 2013-2014 was sought to be withdrawn. The petitioner has been continuing by virtue of an interim order. The issue is with respect to the eligibility of the petitioner to get admitted to the B.Ed Social Science. Ext.P2 is the prospectus for admission to the B.Ed course, which is identical to Ext.R1(a), produced by the University. 2. The short contention of the University is that a candidate to be admitted to the B.Ed Social Science, has to qualify in one of the Arts subjects at the graduate level and also obtain 50% in Post Graduate subjects; indicated therein. In the present case, there is no dispute that the candidate has an M.A in Sociology with 50% marks. The disqualification according to the University WPC.No.11333/2014 : 2 :
is insofar as the candidate having no graduate degree in arts, but only in commerce. B.Com degree obtained by the petitioner is not in dispute.
3. One has to look at the qualification criteria of prospectus, which is extracted as under:-
Clause 5.4.2.2(d) Social Science: B.A Degree with History/Arabic and Islamic History/Geography/Politics/Economics/Sociology/ Psychology/Philosophy/West Asian Studies with 50% marks in Part III or 50% marks in M.A History/Arabic and Islamic History/Geography/Politics/Economics/Sociology/ Psychology/Philosophy/West Asian Studies.
4. Hence it is either a graduate degree in the subjects mentioned therein with 50 marks in Part III or 50% in M.A; in the subjects mentioned herein. Hence it cannot be said that the prescription as per the prospectus is a graduate degree in arts. Even, a graduate in Commerce who has obtained M.A Sociology would be entitled to be admitted in B.Ed Social Science, WPC.No.11333/2014 : 3 :
which is here, declined. In such circumstance the petitioner's admission would be regularised and the petitioner will be permitted to appear for the examination.
Writ petition is allowed.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy/// P.A to Judge
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Title

Joby P.L vs Mahatma Gandhi

Court

High Court Of Kerala

JudgmentDate
22 November, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri
  • A G Basil