The petitioner avers that she is now a M.Tech. student studying at the Indira Gandhi Institute of Engineering Technology, Nellikuzhy, affiliated to the 1st respondent-Mahatma Gandhi University and that she secured admission for the M.Tech. course on 26.8.2013 in the said college. The last date for closure of admission for M.Tech. was 13.11.2013. At the time of securing admission for M.Tech. course, the petitioner had to clear one supplementary paper for the B.Tech. degree course and that since there was delay in publication of the results of the B.Tech. supplementary examination by the 1st respondent University, she secured admission to M.Tech. course, it is averred. The result of the B.Tech. degree course of the petitioner was published on 13.12.2013 and she secured 65% marks for the B.Tech. Degree course and Ext.P1 dated 10.1.2014 is the provisional degree certificate in B.Tech awarded by the Faculty of Engineering and Technology of the 1st respondent University, it is stated. 2. The petitioner avers that on 24.3.2014 she initially received a memo from the 1st respondent University informing that as the admission to the M.Tech. was closed on 13.11.2013, she was advised to discontinue M.Tech. course. Later she received Ext.P2 memo dated 20.3.2014 dated from the respondent University informing her that on the issue of her M.Tech. Computer Science 2013-2014 admission is concerned, certain documents are due from the petitioner for verification, which she was directed to comply by taking urgent steps. She was directed as per Ext.P2 to produce all original mark lists including the supplementary examinations in B.Tech. for the above purpose. In terms of Ext.P2 memo, the petitioner claims to have produced all documents before the 2nd respondent and that but till date the petitioner has not received any information from the office of the respondent University that she has to appear for the first semester M.Tech. admission on 28.5.2014 and that if her registration for M.Tech. course is not approved, she will be put to hardships. In the light of the above facts and circumstances, the petitioner has preferred this Writ Petition with the following prayers:
'a) Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st and 2nd Respondent to give registration to the Petitioner for M.Tech. course as per admission procedure completed on 26.8.2013.
b) Issue a writ of mandamus directing the 2nd Respondent to accept examination fees from the Petitioner for the 1st semester course of the M.Tech. course.”
3. Heard the learned counsel for the petitioner, Sri.P.K.Anil and Dr.P.Leelakrishnan, the learned Standing Counsel for the respondent Mahatma Gandhi University.
4. The learned counsel for the petitioner submitted that the matter in issue is covered in favour of the petitioner by virtue of the judgment dated 31.3.2014 rendered by this Court in W.P. (C).No. 6797/2014 in the case of a similarly situated candidate of the respondent Mahatma Gandhi University in the matter of eligibility for registration for M.Tech. course. In view of the fact that it was stated before this Court that the 1st semester of M.Tech. Examination is to start on 28.5.2014, this Court passed order dated 2.5.2014 in this Writ Petition, which reads as follows:
“In view of the judgment dated 31.3.30214 of this Court in W.P.(C).No. 6797/2014, there will be an order directing the 1st and 2nd respondents to grant registration to the petitioner for M.Tech. course.”
The main issue is as to whether the petitioner is eligible for grant of registration for her M.Tech. admission. As her B.Tech. supplementary examination result was published only on 13.12.2013, whereas the last date for admission for M.Tech. course was 13.11.2013. This Court in the judgment dated 31.3.2014 in W.P.(C).No.6797/2014 considered the relevant clauses in the prospectus issued for M.Tech. admissions in the year 2013, as per Ext.P1 therein, which is extracted in page 2 of that judgment. The same reads thus:
Clause V(e) before amendment [Exhibit P1]:
“Candidates who have appeared for the final semester examination can also apply, provided he/she has passed all the subjects upto and including the 6th semester exam (8th semester for B.Arch students). Selection of such candidates shall be subject to the production of qualifying degree - satisfying clauses V(a) to (d) as applicable on or before September 30, 2013”.
After amendment [Exhibit P2]:
“the candidates who have appeared for the final semester examination can also apply, provided he/she has passed all the subjects upto and including the 6th semester exam (8th semester for B.Arch students) or who are waiting for the result of the supplementary examinations of the above or previous semesters”.
5. After considering the above provisions in the prospects, this Court found that earlier only candidates who passed all the subjects upto and including the 6th semester examination and were awaiting the results of either 7th semester supplementary or 8th semester final examinations, could be admitted for M.Tech. course on condition of production of qualifying degree on or before 30 September 2013. After amendment to the above said clause, the above said cut of date of 30.9.2013 was removed and the amended clause enabled the students who had appeared for the supplementary examinations ===- to any previous semester could apply, if they were waiting === the results of such appearance in the supplementary examinations. This Court held in that judgment that the instructions issued by the Director of Technical Education referred to therein are concerned only to the allotment of candidates to Government and aided engineering colleges and that the said instructions of the Director of Technical Education of the Government of Kerala have no bearing insofar as admissions to private management colleges are concerned, and that the respondent Mahatma Gandhi University also does not have a case that they have notified a last date for admissions. After comparing the unamended clause and amended clause in the prospectus as extracted above, it was held by this Court that the amended clause does not indicate a specific date as last date before which the candidate has to produce the qualifying certificates and going by the amended clause as per Ext.P2 therein, the petitioner therein who qualified in the 8th semester final examination and he was awaiting the results of the 6th semester supplementary examination could also make an application to the respondent college therein for M.Tech. admission and that it was only because of the delay in publication of the results of the 6th semester supplementary examination, that the confidential mark lists and provisional degree certificate were issued therein and accordingly the impugned rejection order was set aside by this Court and the Controller of Examinations of the respondent Mahatma Gandhi University was directed to register the petitioner's name sent from the respondent college therein for M.Tech. course for 2013- 14 batch. It is not disputed that the matter in issue in this case is almost similar to that as raised in W.P.(C).No. 6797/2014. In the instant case, the petitioner secured admission for M.Tech. course on 30.11.2013 and the results of the supplementary papers of the B.Tech. degree was published on 13.12.2013, it is stated. As already held by this Court in the judgment in W.P.(C).No. 6797/2014, the amended clause in the prospectus does not indicate a specific date as the last date before which the candidate has to produce qualifying certificates. In terms of the amended clause, as per Ext.P2 in W.P.(C).No.6797/2014, it is provided that “candidates who have appeared for the final semester examination can also apply, provided he/she has passed all the subjects upto and including the 6th semester examination or who are awaiting for the results of the supplementary examinations of the above or previous semesters”. The respondents have no case that the judgment in W.P.(C).No. 6797/2014 has been altered or interfered with in the manner known to law. Since the petitioner has already produced all the original marklists of supplementary examinations including that of the supplementary examinations of B.Tech. before the 2nd respondent Controller in compliance with Ext.P2, it is for that authority to ascertain the factual details of the petitioner's case with reference to the directions issued by this Court in the judgment dated 31.3.2014 in W.P.(C).No.6797/2014. Under these circumstances, the competent authority among respondents 1 and 2 shall take up for consideration the application of the petitioner for registration based on all original marklists including that of the supplementary examinations of B.Tech. which has been produced by her as directed in Ext.P2 and ascertain as to whether she has factually satisfied the conditions in the amended clause in the prospectus as referred to in W.P.(C).No.6797/2014 and factually ascertain as to whether the case of the petitioner is similar to that in W.P.(C).No. 6797/2014 and take a direction on the application for registration for M.Tech. without any further delay. The petitioner shall also produce a copy of the judgment in W.P.(C).No. 6797/2013 while producing the certified copy of this judgment. The interim order grated by this Court on 2.5.2014 as quoted above will be subject to the final decision to be taken by the respondent University as directed above in terms of the judgment of this Court in W.P.(C).No. 6797/2014. It is made clear that the application of the petitioner for registration for M.Tech. shall not be rejected on the basis of the instructions issued by the Director of Technical Education of the Government of Kerala, which has been held by this Court in W.P.(C).No. 6797/2014 as applicable only to Government and aided engineering colleges and not to the private unaided colleges and her case should be decided on the basis of the amended clause of the prospectus as referred to in page 2 of the judgment in W.P. (C).No. 6797/2014 by considering the factual details of her passing the B.Tech. final examination and the B.Tech. supplementary examinations is concerned.
The Writ Petition stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS , JUDGE ///True copy/// P.S. to Judge