Haritha C.H. Aged 22 Years D/O. Haridasan R/A. Cheruvally Puthanpurayil House Manathana P.O

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 21ST DAY OF OCTOBER 2013

BEFORE

THE HON’BLE MR. JUSTICE A.S. BOPANNA

WRIT PETITION No.34640/2011 (EDN-RES)

BETWEEN :

Haritha C.H. Aged 22 years D/o. Haridasan r/a. Cheruvally Puthanpurayil House Manathana P.O. Peravoor (Via) Kannur Dist. 670 077 Kerala State .. PETITIONER

(By Sri. P.T. Thomas, Adv.)

AND :

1. Dr. M.V. Shetty College of Speech and Hearing Maladi Court Kavoor Mangalore 575 015 Rep. by Dr. T.A. Subba Rao

2. The Registrar Mangalore University Mangala Gangothri Konage 574 199 Karnataka

3. Rehabilitation Council of India B-22, Qutab Institutional Area New Delhi 110 016 Rep. by its Deputy Director .. RESPONDENTS

(By Sri. M. Swayam Prakash, Adv. for R-2 R-1 and R-3 are served)

This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct respondent Nos.1 and 2 to allow the petitioner to continue the MASLP course, until the Hon’ble High Court of Kerala passes its final order in W.P. No.16823/2011 pending before it (Annexure-J), etc.

This petition coming on for Preliminary Hearing ‘B’ Group this day, the Court made the following :

ORDER

The petitioner is before this Court seeking issue of mandamus to direct respondent Nos.1 and 2 to allow her to continue the M.A.S.L.P. Course pending decision of W.P(C). No.16823/2011 before the High Court of

Kerala at Ernakulam. The petitioner is also seeking for issue of mandamus directing respondent No.2 to allow her to be enrolled in the list of the candidates for the course of 2011-12 of B.A.S.L.P. The communication dated 31.8.2011 issued by the 1 st respondent is also assailed in the petition.

2. Brief facts are that the petitioner has joined the 1 st respondent college for the study in Master of

Audiology and Speech Language Pathology (‘M.A.S.L.P.’ for short) which is a post graduate course. The admission to the said course was secured on 15.7.2011 for the academic year 2011-12. Though the petitioner had completed the Bachelor of Audiology and Speech

Language Pathology course, i.e., a Bachelor Degree which is required to do post graduation, the Kannur

University, Kerala, to which the 3 rd respondent is affiliated, wherein the petitioner had undertaken the graduation, had not recognized the said college. In that circumstance, an application in W.P(C). No.16823/2011 is pending before the High Court of Kerala at

Ernakulam. Since in that circumstance the recognition of the under graduate course of the petitioner was not granted, the 1st respondent has issued the communication dated 31.8.2011 to the petitioner indicating that the admission made cannot be continued. During the pendency of the instant petition,

the petitioner had been permitted to continue the course and also take up the examination, which was however made subject to the result of the petition.

Presently, the entire M.A.S.L.P. course has been undergone by the petitioner based on the interim orders granted by this Court. In that circumstance, the prayers at (a) and (b) to the petition, at this juncture, would not in fact survive for consideration. The post graduation degree certificate to be ultimately issued by the 2nd respondent in any event would remain subject to the petitioner being eligible for admission and such admission relating to eligibility would not depend upon the decision to be rendered by this Court in this petition, but by the decision that would be rendered by the High Court of Kerala at Ernakulam in W.P(C).

No.16823/2011.

3. Therefore, keeping these aspects in view, I am of the opinion that it would be unnecessary to retain the instant petition, since only the result of the final examination of the M.A.S.L.P. course alone requires to

be announced by the 2 nd respondent. Since the earlier results have been announced as a natural course, the pending result also would have to be announced.

However, recognition of the course for grant of degree certificate would ultimately depend on the eligibility of the admission and as already noticed, that would be guided by the orders that would be passed by the High

Court of Kerala, at Ernakulam, in the pending writ petition. Hence, the 2 nd respondent is directed to release/announce the result of the petitioner relating to the M.A.S.L.P. course. However, the eligibility for grant of degree certificate would however remain subject to the result of the petition in W.P(C). No.16823/2011 pending before the High Court of Kerala at Ernakulam.

4. In terms of the above, writ petition stands disposed of.

Sd/- JUDGE

Cs/-