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2008 DIGILAW 213 (KER)

Manoj R. Prasad v. Cochin University Of Science

2008-03-27

ANTONY DOMINIC

body2008
Judgment : The petitioner was a B.Tech student in the respondent University, who has successfully completed the course in August 2005. Though he was issued Ext.P3 provisional certificate, the other certificates were not issued and in these circumstances, writ petition has been filed. According to the petitioner, the reason for the refusal of the University to issue the certificate is that the petitioner is one of the accused in Crime No.561/2005 of the Kalamassery Police Station, the FIR of which is Ext.P4. Petitioner submits that he is innocent of the offences alleged and that Ext.P5 has enlarged him on bail. It is also stated that he has made several representations, but then, the representations so made have not evoked any response from the University. 2. A counter affidavit has been filed by the University conceding that the petitioner has successfully completed the course as stated by him. According to the University, certificate cannot be issued, as the conduct of the petitioner disentitled him for the certificate. It is stated that since he is an accused in a case of forging marklists and certificates, he should not be issued the certificate. They are also relying on the provisions of the Cochin University Students (Conduct and Disciplinary) Code-2005 to justify their stand. 3. I have heard the counsel on either side. 4. In my viewthough it is true that the petitioner is an accused as stated by the University that does not disentitle the petitioner the certificate of the B.Tech degree that he has successfully completed. Even going by the Conduct rules relied on, I am not satisfied that said rule has any relevance as it is meant to enforce discipline in the campus. Since the petitioner has ceased to be a student, he cannot now be said to be governed by the Conduct Rules. No other rules enabling the University to deny certificate to a student for the reason that he is an accused in a criminal case has been shown to me. Therefore, I do not find any justification in the stand taken by the University in declining the request of the petitioner to issue the certificates. Accordingly, I dispose of this writ petition directing that the respondent shall issue degree certificate to the petitioner with respect to the B.Tech Degree in Electronics and Communication Engineering, which the petitioner has completed in August 2005. Accordingly, I dispose of this writ petition directing that the respondent shall issue degree certificate to the petitioner with respect to the B.Tech Degree in Electronics and Communication Engineering, which the petitioner has completed in August 2005. This shall be done, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment.