Sepreme Court finding in Decree in MA, Mcom etc.,
R.Manivasagan
(Querist) 26 August 2009
This query is : Open
Sir, we came to know that the Honb'le Supreme Court of India, has cinfimred the findings of the Honb'le High Court of Judicature at Madras that the Decree obtained without studiying S.S.L.C or +2 is not valid.
what about it's scope, whether it will affect the practising Advocate who comes in this categery.
there are 6 Advoactes in our Bar. pleased
Prakash Yedhula
(Expert) 27 August 2009
There would not be a problem for persons who are already practicing. The observation of the Supreme Court is clear:
"15. Therefore the appeal of the University deserves to be allowed. Accordingly, the judgment of the High Court holding that M.A. English degree (OUS) granted by Annamalai University through distance education is equivalent to MA degree of appellant university, is set aside.
16. However, on the peculiar facts of the case, the first respondent is entitled to relief. The first respondent was admitted through a Common Entrance Test process during 2004-2005. He was permitted to take the first semester examinations by the university. He is not guilty of any suppression or misrepresentation of facts. Apparently, there was some confusion in the appellant university itself as to whether the distance education course attended by the first respondent was the same as correspondence course which was recognized. The first respondent was informed that he was not eligible, only after he took the first semester examination. He has however also been permitted to continue the course and has completed the course in 2007. He has succeeded before the High Court. Now after four years, if it is to be held that he is not entitled to admission, four years of his career will be irretrievably lost. In the circumstances, it will be unfair and unjust to deny the first respondent the benefit of admission which was initially accepted and recognized by the appellant university. This Court in Shri Krishan vs. The Kurukshetra University, (AIR 1976 SC 376), has observed that before issuing the admission card to a student to appear in Part-I Law Examination, it was the duty of the university authorities to scrutinize the papers; and equally it was the duty of the Head of the Department of Law before submitting the form to the university to see that it complied with all requirements; and if they did not take care to scrutinize the papers, the candidature for the examinations cannot be cancelled subsequently on the ground of non-fulfilment of requirements. In Sanatan Gauda vs. Berhampur University (AIR 1990 SC 1075), this Court held where the candidate was admitted to the Law course by Law College and University also permitted him to appear for Pre-Law and Intermediate Law examinations, the college and the university were estopped from withholding his result on the ground that he was ineligible to take admission in Law course. Having regard to the above we are of the view that irrespective of the fact that M.A. English (OUS) degree secured by first respondent from Annamalai University through distance education, may not be recognized as an equivalent to the Master's degree of the appellant university, his admission to the law course should not be cancelled. The appellant University is directed to treat the admission as regular admission and permit the first respondent to appear for the law examination and if he has already appeared for the examination, declare his result. The appeal is disposed of accordingly.
