Judgment : 1. Ext.P7 order passed by the second respondent University declining to grant eligibility certificate to the petitioner to pursue the three year LL.B Course in the 3rd respondent college is under challenge. 2. The petitioner, after completing his SSLC in the year 1976 and Pre-degree from a College under the University of Kerala in 1978; joined for B.com degree in Ispat College, Rourkala, Orissa in 1980 and bagged the Degree in April, 1982 as borne by Ext.P2 Degree Certificate issued by the Sambalpur University. Thereafter, the petitioner got provisional registration for M.com Degree Examination under the University of Kerala in the year 1982 itself, as borne by Ext.P4. 3. While so, the first respondent issued notification in respect of the entrance examination scheduled on 13.09.2009 for admission to the 3 year LL.B. Course in the Government Law Colleges in the State of Kerala. Pursuant to the application made by the petitioner, he was assigned roll Number vide Ext.P5 and on coming out successful in the said examination, the petitioner was given Ext.P6 selection memo advising him to join the 3rd respondent college. By virtue of the terms of Ext.P1 prospectus, the eligibility for admission stipulates that the candidate should be a graduate in any faculty of any Universities in Kerala or any other University recognized by any Universities in Kerala as equivalent thereto and further only a candidate who has passed the Bachelor’s Degree Examination with a minimum of 40% marks in the aggregate shall be eligible for admission to the three year LL.B course [Clause 6(ii) of the prospectus (Ext.P1)]. Ext.P1 prospectus also stipulates that, candidates who have obtained Graduation from Universities outside the State, shall produce necessary ‘Eligibility Certificate’ from the particular University under whose jurisdiction to which the candidates selected to be admitted, is situated. In view of the said requirement, the petitioner approached the second respondent by filing an application for issuance of eligibility certificate, which was considered and rejected by the University as per Ext.P7 dated 17.11.2009 stating that the course undergone by the petitioner was not a ‘three year’ Degree programme and that the University had recognized only 3 year Degree course (B.A./B.Sc./B.com etc.). This in turn is under challenge in this writ petition. 4. This in turn is under challenge in this writ petition. 4. The second respondent has filed a counter affidavit, seeking to sustain Ext.P7, also pointing out that, only ‘Regular Degrees’ of the Universities listed by AIU/UGC have been recognized by the Mahatma Gandhi University, as per University Order No.Ac.D/2/99 dated 17.03.1999. It is stated that the accepted pattern of study for acquiring a Regular Degree is “10+2+3”; that the Mahatma Gandhi University is not conducting any two year Bachelor Degree Programme and as such, Ext.P7 is not assailable under any circumstances. 5. The petitioner has filed I.A.No.406 of 2013, producing additional documents as Exts.P8 to P13. Ext.P12 is a list of Degrees and examinations of other Universities and Institutions recognized by the Mahatma Gandhi University, while Ext.P13 is the true copy of the relevant extract of the Degrees and examinations of other Universities and Institutions recognized by the University of Kerala. 6. When the matter came up for consideration before this Court on 19.11.2009, the following interim order was passed: “Admit. Issue notice to respondents 1 and 3 by speed post returnable in ten days. MR.T.A. Shaji, the learned standing counsel takes notice for the second respondent. There will be an interim order directing the 3rd respondent to keep one seat for the three year LL.B course in the Government Law College, Ernakulam vacant until further orders. Registry to hand over copy of this order today itself.” 7. Subsequently, after hearing both the sides, a positive direction was given to grant admission to the petitioner as per interim order dated 15.12.2009, against the one seat which was reserved as per interim order dated 07.12.2009, in the following terms: “Heard learned counsel appearing on both sides. In view of the fact that the Kerala University has recognized the B.com Degree awarded by Sambalpur University, it has to be necessarily held that the petitioner is eligible for admission to three year LL.B. Course in Government Law Colleges in the State of Kerala. I accordingly direct the respondents to provisionally admit the petitioner for the three year LL.B. Degree Course in Government Law College, Ernakulam, if based on the rank secured by him in the Entrance Examination he is eligible for such admission. In other words, it no one ranked above the petitioner is awaiting for admission the petitioner shall be admitted pursuant to this order. Hand over.” 8. In other words, it no one ranked above the petitioner is awaiting for admission the petitioner shall be admitted pursuant to this order. Hand over.” 8. It is to be noted from the said interim order that a clear finding was rendered by this Court to the effect that, since the Kerala University has recognized B.com Degree awarded by Sambalpur University, it is necessarily to be held that the petitioner is eligible to have got admission to the three year LL.B course in the 3rd respondent college. It was accordingly that the petitioner was ordered to be provisionally admitted subject to satisfaction of other requirements, which was made clear, as borne by the last sentence, to mean that if no one ranked above the petitioner was awaiting admission, the petitioner shall be admitted, pursuant to the order. There is no dispute that the petitioner was admitted accordingly. Similarly, there is no case for the respondent University that the above finding has not become final, as the University has not filed any appeal therefrom, nor has chosen to file any review petition. As such, the writ petition is liable to be allowed on this score alone, so as to enable the petitioner to have his results declared, pursuant to the examinations for which he appeared and to have the benefits flowing therefrom. 9. This Court finds it fit to examine the position with reference to the merits as well. The relevant clause in Ext.P1 Prospectus as to the eligibility for admission under Clause 6 (ii) reads as follows: “6. Eligibility for admission: ************ ************ (ii) Academic: (a) Candidate seeking admission to the course should be a Graduate in any faculty of any University in Kerala or of any other Universities, recognized by any of the Universities in Kerala as equivalent thereto. (b) A candidate who has passed the Bachelor’s Degree examination with a minimum of 40% marks in aggregate (i.e. 40% marks for all the parts of the Degree Examination taken together) shall alone be eligible for admission to the 3 year LL.B course However, candidates belonging to the Scheduled castes/Scheduled Tribes need only a pass in the qualifying examination with 35% marks. (c) Candidates who are appearing/appeared for the qualifying examination (regular examination of 2008 -09 academic year) are also eligible to apply for the Entrance Examination. (c) Candidates who are appearing/appeared for the qualifying examination (regular examination of 2008 -09 academic year) are also eligible to apply for the Entrance Examination. Such candidates become eligible for admission only if they produce the provisional/Degree certificate of the qualifying examination and the marks lists of all parts of the qualifying examination at the time of Centralised Allotment Process. 10. The stand of the University is that the degree course pursued by the petitioner in Sambalpur University is only of ‘two years’ and that the University has recognized only 3 year Regular Degree Course (B.A., B.Sc., B.com etc.). Nowhere in Ext.P1 prospectus does it say that what should be the duration of the course to have eligibility to participate in the entrance examination and in turn, to secure admission to the three year LL.B. degree course. It only says that the candidate should possess a Degree obtained from any of the Universities of Kerala or from any other University recognized by any of the Universities in Kerala as equivalent thereto. The question is whether the Degree obtained from such other Universities is to be recognized by the ‘particular University’ in whose jurisdiction the particular college to which a candidate is allotted. 11. Clause 17 of Ext.P1 prospectus deals with the documents to be produced at the time of admission. Sub Clause (viii) of Clause 17 is the relevant one, which reads as follows: “17. Documents to be produced at the time of admission: ********** ********** (viii) Candidates who passed their qualifying examination from Universities/Boards outside the State shall produce an “Eligibility Certificate” from the University concerned in Kerala, to the effect that the qualifying examination has been recognized by the University. 12. It is true, that the above clause mandates production of eligibility certificate from the University concerned in Kerala, to the effect that the qualifying examination has recognized by the University. The usage of ‘definite article’ in the said clause preceding the word ‘University’ is not to have any restricted application or to emphasize the need to recognize the Degree by the ‘particular University’, for more reasons than one. 13. The usage of ‘definite article’ in the said clause preceding the word ‘University’ is not to have any restricted application or to emphasize the need to recognize the Degree by the ‘particular University’, for more reasons than one. 13. The above clause stipulating the documents to be produced at the time of admission, has to be read and understood in the light of the basic provision as to the eligibility condition under Clause 6 (ii) as mentioned hereinbefore, which shows that condition for eligibility is a bachelor Degree from any of the Universities in Kerala or from any other Universities, which has been recognized by any University in Kerala, as equivalent thereto. This means that, if the Degree obtained from outside University has been recognized as equivalent qualification by any of the Universities in Kerala, it is very much enough to declare eligibility, eventhough norms for recognition by different Universities in Kerala may differ. Considering the satisfaction of this requirement, it is to be noted from Ext.P13 produced along with I.A.No.406 of 2013, that Sambalpur University is recognized by the University of Kerala and B.A., B.Sc., B.com Degrees of Sambalpur University is equated to the Degree/Examination of the Kerala University in respect of B.A., B.Sc. and B.com courses. This being the position, the Degree obtained by the petitioner from the Sambalpur University stands recognized by the Kerala University and as such, the petitioner does satisfy the requirement of Clause 6 (ii) of Ext.P1 prospectus. 14. Coming to Ext.P12, it shows the particulars of the Universities and various Degree courses, which have been recognized by the second respondent University. The name of Sambalpur University, from where the petitioner procured Degree, is included therein as well. The face sheet of the said document, which shows the list of Degrees and examinations recognized by the Mahatma Gandhi University, reads in the following terms: “All the regular courses/Degrees of the Universities listed by the Association of Indian Universities/University Grants Commission have been recognized by this University vide U.O. No.ACD/2/99/dated 17.03.1999. Those who have passed their qualifying examinations recognized by this University are only eligible for higher studies in this University.” 15. No distinction is drawn even in Ext.P12 issued by the second respondent as to the course undergone by the petitioner; but for the reference that the recognition will stand extended to all the Regular courses/Degrees. Those who have passed their qualifying examinations recognized by this University are only eligible for higher studies in this University.” 15. No distinction is drawn even in Ext.P12 issued by the second respondent as to the course undergone by the petitioner; but for the reference that the recognition will stand extended to all the Regular courses/Degrees. It only means that the Degree should have been obtained by the concerned candidate from a ‘Regular College’ as a ‘Regular student’ (presumably not as a ‘part-time student’ or as ‘correspondent student’ – in respect of which no opinion being expressed). In any view of the matter, so long as there is no distinction in Ext.P1 prospectus in this regard and further since Ext.P1 prospectus does not stipulate that such Degree has to be recognized by all the Universities in Kerala, but for the requirement, that it shall be recognized by any of the Universities in Kerala, the stand taken by the second respondent University is not liable to be sustained. 16. Yet another aspect to be noted is that the allotment for admission in various Government Colleges under the different Universities existing in Kerala is made by the first respondent on the basis of Ext.P1 prospectus. This is done on the basis of the common entrance examination and the mark/rank obtained by the candidates. Had the petitioner been allotted to some other college situated within the jurisdiction of Kerala University, instead of the 3rd respondent college which comes under the second respondent University, there could not have been any objection at all with regard to obtaining of ‘Eligibility Certificate’. This is the reason why the provision has been made consciously under Clause 6 (ii) of Ext.P1 prospectus that condition for eligibility is a graduation from any of the Universities in Kerala or from any other University, which is recognized by any University in Kerala, as equivalent thereto. In so far as the Degree obtained from Sambalpur University has been recognized by the University of Kerala, as borne by Ext.P13, the objection raised by the second respondent as to the particular type of course being conducted/permitted by the said University is of no significance. This is, more so, if a person who is ranked far below the petitioner in the selection list happens to be allotted in some other college coming within the jurisdiction of the University of Kerala. 17. This is, more so, if a person who is ranked far below the petitioner in the selection list happens to be allotted in some other college coming within the jurisdiction of the University of Kerala. 17. The usage of the ‘definite article’ in Clause 17 (viii) as to the Eligibility Certificate to be obtained, referring to “the University concerned”, can only be the ‘draft man’s error’ and it should be read and understood so as to mean that the ‘Eligibility Certificate’ can be obtained from any of the Universities in Kerala. It is for the first respondent to make proper correction in the prospectus to the appropriate extent, lest the anomaly should prevail, leading to unnecessary litigations. 18. In the above facts and circumstances, this Court finds that the petitioner is entitled to succeed. It is declared that the petitioner is eligible to get admission for the 3 year LL.B. Degree course in the 3rd respondent college, coming within the jurisdiction of the second respondent University and as such, the admission already given to the petitioner, shall stand regularized. The second respondent is directed to pass appropriate orders in this regard, effecting necessary entries in the relevant records and results of the examinations written/participated by the petitioner shall be declared forthwith, issuing necessary certificates, taking the proceedings to a logical conclusion. This exercise shall be completed, at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment. The Writ Petition is allowed. No cost.