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Kerala High Court · body

2002 DIGILAW 179 (KER)

Rajashree v. University Of Kerela

2002-03-14

K.A.ABDUL GAFOOR

body2002
Judgment :- The petitioner obtained a degree from the Mangalore University as is revealed by Ext.P1. That is a degree in science known as degree with triple main the petitioner submits. That degree is recognized by the university of kerala as is revealed by Ext.P4, Only for the purpose of admission to M.Sc (Bio Technology) degree. Inspite of that the petitioner obtained admission in a private college run by the third respondent, for B.Ed course. But the petitioner was not admitted for the examination of that course by the university which conducts the examination to confer the degree on the ground that the degree possessed by the petitioner was not recognized as an eligible qualification for admission to B.Ed degree course.There upon the petitioner approached this court with O.P.34345 of 2001.The petitioner obtained an interim order, Ext.P7, that the petitioner shall be permitted to appear for the examination of B.Ed degree course conducted in November 2001 provisionally .This court granted the direction making it clear that the result of the examination can be published only after obtaining further orders from this court. That original petition has been subsequently disposed of as per Ext.P8 judgment ,making it clear that the result can be published only after taking a decision “Whether her basic degree is recognizable or not” .This court also noticied ,While disposing of the original petition that the issue was under consideration of the Academic council of the university. Accordingly the university was directed to take a final decision within a time frame. Apart from that no conclusive finding was arrived at in Ext.P9 by the university, informing the petitioner that the Academic council of the university of kerala had decided to reject the request of the petitioner for recognizing her B.Sc (Triple Main) degree as an eligible qualification for admission to B.Ed degree course. This is under challenge in this original petition. 2. The petitioner contends that the degree cannot have different recognitions for a degree. When a degree is recognized for the purpose of M.Sc (Bio Technology), it cannot be taken that the degree is not recognized for B.Ed. Separate recognition cannot be insisted ,on the strength of Ext.P4.So the petitioner shall be termed as eligible for admission to B.Ed degree as well. It is further submitted that the Head Of Department had made recommendations to the Academic council to recognize this degree. Separate recognition cannot be insisted ,on the strength of Ext.P4.So the petitioner shall be termed as eligible for admission to B.Ed degree as well. It is further submitted that the Head Of Department had made recommendations to the Academic council to recognize this degree. In spite of that no reason is stated in the impugned order,Ext.P9, to reject the petitioner’s case. The petitioner also has appeared for the examination, based on the interim order from this court. Therefore the petitioner’s result shall be declared. She submits. 3. I am unable to accept this contention, on several reasons. 4. First of all recognition of a particular degree for the purpose of admission to an advanced degree course is totally and purely an academic issue. That is not a matter for anyone else to interfere. Whether a B.Sc degree having three optional main subjects shall be recognized as sufficient qualification for eligible to admission to B.Ed degree is a matter for the university and Academic council to consider. On the strength of B.Ed degree one becomes eligible to be a teacher to impart lessons in the concerned subject at High School Level. In such circumstances, while considering the recognition of a basic degree which enables one to impart lessons in a particular subject it is for the university to decide whether the learning, acquired by reason of that basic degree, is sufficient enough to equip the incumbent concerned to be a teacher as well in that subject. These are the relevant matters for consideration for the academic council .The Academic council anxiously considered the matter and found that the degree which is styled as a triple main degree is not sufficient to make one eligible for admission to B.Ed degree. That is the real wisdom of the educational body, which cannot be interfered. 5. Ext.P4 also does in any way to improve the case of the petitioner. Even admittedly, as is seen from Ext.P1 the petitioner as for her B.Sc degree three subjects, viz, Microbiology, Zoology and Chemisitry. In spite of that Ext.P4 is a recognition of that degree solely for the purpose of admission to M.Sc (Bio Technology) degree alone. That is not recognized for admission to M.Sc course in Micro Biology, Zoology or Chemistry wherein the petitioner had taken basic degree. In spite of that Ext.P4 is a recognition of that degree solely for the purpose of admission to M.Sc (Bio Technology) degree alone. That is not recognized for admission to M.Sc course in Micro Biology, Zoology or Chemistry wherein the petitioner had taken basic degree. That itself is sufficient to indicate that the recognition now granted as per Ext.P4 is solely and for a limited and restricted purpose. That cannot extend to admission to any other course. When the petitioner cannot get admission to post graduate degree in any of the optional subjects for her degree awarded as per Ext.P1,there arises no question of she being admitted to any degree other than M.Sc (Bio Technology) on the strength of Ext.P4.So Ext.P4 cannot help her to seek and get admission to B.Ed degree. Admission given to her by a private college does not entitle her to be admitted to a degree by the university. It also will answer the contention raised by the petitioner that there cannot have more than one recognition for a degree. 6. When the educational body had decided that the basic degree qualification possessed by the petitioner is not sufficient enough to equip herself to get admission to B.Ed degree, that shall be the finale of the debate. Being purely an academic matter is not amenable for judicial review under Article 226 of the constitution of India. Merely because the petitioner had appeared for the examination on the strength of an interim order when the recognition of the basic degree of the petitioner was called in question the petitioner does not acquire any vested right to get the result declared or to get the degree recognized. In the aforesaid circumstances the original petition.