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Judgment
N. Paul Vasanthakumar, J.—This writ appeal is filed against the order passed by the learned single Judge in W.P.(MD) No. 3871 of 2008, dated 28.07.2008 wherein the writ petition filed praying for issuing Writ of Mandamus, directing the third Respondent to publish the results of the Appellant for the B.Ed.,course in registration No. A6406796 for the year 2006.
The grievance of the Appellant is that the Appellant joined in the B.Ed. Course in the year 2005-2006 and completed the course. However, she was not allowed to write examination and the Appellant approached this Court and obtained interim order to appear for the examination and she also appeared for the examination. However, the result of the Appellant is not declared.
The objection of the Respondent University, according to the counter affidavit is that the Appellant passed M. Co degree as a private candidate under open university stream without passing 10+2 and +3 year pattern.
Learned Counsel for the Appellant submitted that the matter in issue is covered by the order of the Division Bench of this Court in W.A.(MD) No. 492 of 2007, dated 11.02.2008 wherein the Division Bench while disposing of the writ petition held as follows:
On the above said contention, this Court posed a question to the learned Counsel appearing for the 2nd Respondent University to point out any such regulation is available in the University to say that the candidates who underwent 10+2+3 pattern alone are eligible to join B.Ed. Course, for which he is unable to point out any such Regulation. However, he submitted that the guidelines stated to have been issued by the Director of Collegiate Education stipulate that the candidates who have done their degree course under 10+2+3 pattern alone are eligible to join the B.Ed. Course.
Learned Counsel appearing for the 3rd Respondent College submitted that in identical cases, where the candidates studied degree through Correspondence course were permitted to pursue B.Ed. Course, this Court passed orders directing the Universities and the Colleges to declare their results as no valid regulations preventing such persons are found mentioned in the University Regulations or Statutes and hence the relief sought for by the Appellant can be granted.
In spite of the fact that the 2nd Respondent University has not produced any Regulation, they justified their stand. Even the guidelines stated to have been issued by the Director of Collegiate Education was also not produced for our consideration. In any event, once a particular degree has been introduced/offered by the Universities, it is for the authorities to prescribe guidelines. As mentioned above, no such guidelines/regulations formulated by the 2nd Respondent University making the candidates like the Appellant ineligible to pursue B.Ed. Course. In view of the above said fact, this Court has no option except to grant the relief sought for by the Appellant. Moreover, no valid reason is mentioned by the learned single Judge for dismissing the writ petition.
For the above said reasons, the writ appeal is allowed setting aside the order passerby the learned single Judge. The 2nd Respondent University is directed to declare the results of the Appellant within a period of two weeks from the date of receipt of a copy of this order. No costs. Connected M.P.(MD) No. 1 of 2007 is closed.
Learned Counsel for the Appellant also submitted that the Appellant is similarly placed and against the said order, the Respondent university has not filed appeal and the said order was implemented.
Learned Counsel for the Respondent University fairly submitted that the said judgment was implemented and no appeal was filed.
Since the matter in issue has already been decided by the Division Bench of this Court, the order of the learned single Judge is set aside and the writ appeal is allowed interims of the order passed in W.A.(MD) No. 492 of 2007, dated 11.02.2008 extracted above. However, this order shall note construed as treating the Appellant is eligible for Government appointment. No costs.