SANKARACHARYA UNIVERSITY OF SANSKRIT Vs. KERALA KALAMANDALAM
LAWS(KER)-2003-11-64
HIGH COURT OF KERALA
Decided on November 11,2003

SANKARACHARYA UNIVERSITY OF SANSKRIT Appellant
VERSUS
KERALA KALAMANDALAM Respondents

JUDGEMENT

- (1.) This Writ Appeal is filed against the judgment in W.P. No. 32795/2003. The appellants are respondents 1 and 2 in the writ petition, viz., Sree Sankaracharya University of Sanskrit, Kalady, and the Director, Sree Sankaracharya University of Sanskrit, Kalady. The first respondent herein is the third respondent in the writ petition, viz., Kerala Kalamandalam. The second respondent herein is the petitioner in the writ petition.
(2.) The writ petitioner has completed three year degree course in B.A. (Performing Arts) from Kerala Kala Mandalam from July 2000 to March 2003. The final year examination of the B.A. decree course is yet to take place. In the meanwhile she applied for admission to M.A. (Theatre) course in the Sree Sankaracharya University of Sanskrit. She was provisionally admitted to M.A. (Theatre) course in the Sree Sankaracharya University of Sanskrit. She was provisionally admitted to M.A. (Theatre) Course subject to the condition that she will produce the marklist and provisional / original degree certificate of the qualifying examination on or before 30.9.2003. Since the qualifying examination has not been conducted the petitioner could not produce the marklist or provisional / original degree certificate of the qualifying examination on or before 30.9.2003. Hence the Director, Sree Sankaracharya University of Sanskrit issued Ext.P6 memo dated 1.10.2003 informing the petitioner that her name had been removed from the admission rolls with effect from 1.10.2003. The reason stated in Ext.P6 for removing the petitioner's name from the admission rolls is that she did not produce the certificates in proof of having passed the Bachelor's Degree before 30.9.2003. Aggrieved by Ext.P6 writ petition was filed praying for quashing Ext.P6 and for direction to respondents 1 and 2 in the writ petition to permit the petitioner to continue her studies for M.A. (theatre) Degree course 2003-05 and also to write the first semester examination of the said course. There was also a prayer for a direction to respondents 1 and 3 to conduct B.A. (Performing Arts) Degree examination and publish the result as directed in Ext.P3 judgment. The learned Single Judge disposed of the writ petition on 27.10.2003 quashing Ext.P6 and directing the University to give sufficient time to the petitioner to obtain the degree certificate after writing the examination being conducted by the Kala Mandalam pursuant to Ext.P3 judgment. The learned Single Judge directed the Kala Mandalam to complete the examination, publish the result and issue marklist within two months from the date of the judgment. The learned Single Judge also directed the University to allow the petitioner to write the first year M.A. Examination on a provisional basis. Aggrieved by the directions contained in the judgment dated 27.10.2003 the University has filed the present appeal.
(3.) Sri.George Poonthottam, learned standing counsel for the first respondent Kala Mandalam submits that the final year B.A. (Performing Arts) examination is scheduled to commence only in the first week of December, 2003. Sri.Krishnakumar Mangot, learned counsel for the appellants submits that the first semester examination of the M.A. (Theatre) course is to commence on 17th November, 2003. Thus if the direction of the learned Single Judge to permit the writ petitioner to provisionally appear in the first semester examination of the M.A. (Theatre) course is implemented an anomalous situation will arise that even before appearing in the qualifying examination of B.A. (Performing Arts) the candidate will appear in first semester examination of the M.A. (Theatre) course. Such a situation cannot be permitted in law.;


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