Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 PETITIONERS:
1 RAJEEV K. AGED 54 YEARS S/O. LATE P. RAMAN NAIR, KANNATH HOUSE, OPP. ESI DISPENSARY, ALUVA-683 101, ERNAKULAM DIST. 2 SURESH S, AGED 51 YEARS S/O. LATE S. SOMASUNDARAN NAIR, PINAKKATTU HOUSE, PUNNORKKODE, PAZHAMATTOM P.O-683 565, ERNAKULAM DISTRICT. 3 SURESH M.K, AGED 50 YEARS S/O. LATE M.C. KANNAN, MANALIL HOUSE, MANJALI MATTUPURAM, MANNAM P.O, N. PARAVUR-683 520, ERNAKULAM DISTRICT. 4 VINAYAN S, AGED 39 YEARS S/O. C.N. SUKUMARAN, RADHAMANDIRAM DESOM P.O, ALUVA-683 102, ERNAKULAM DISTRICT. 5 JANEESH CHANDRAN, AGED 37 YEARS KAINIKKARA HOUSE, MANNARASALA P.O, HARIPAD, ALAPPUZHA DISTRICT. 6 VINEETH P, AGED 38 YEARS S/O. A. RAGHAVAN NAIR, VINEETHAM, MULLOOR ROAD, KONGORPILLY-683 518, ERNAKULAM DISTRICT. 7 ANEESH KUMAR P.G, AGED 42 YEARS S/O. P.K. GOVINDAN NAIR, PALLATTU HOUSE, KURUMASSERI P.O, 683 579, ERNAKULAM DISTRICT. 8 S. SANTHOSH, AGED 50 YEARS S/O. P.K. SREEDHARAN, PEECHANATTE HOUSE, KANJOOR P.O-683 575, ERNAKULAM DISTRICT.
BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: 1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR, KALAMASSERI, ERNAKULAM DIST., PIN-682 022 2 THE VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KALAMASSERI, ERNAKULAM DIST., PIN-682 022 R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SC S.P. ARAVINDAKSHAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 31st day of March 2021
This writ petition is filed seeking the following reliefs: i. Call for records leading to Ext.P4 and issue a writ in the nature of certiorari quashing Ext.P4 ii. Issue a writ in the nature of mandamus commanding the respondents 1 and 2 to follow up the procedure prescribed in clause 5 of Ext.P1 guidelines and assess the composite of 50% marks in the basic pattern of internal valuation and the remaining 50% on the basis of performance in previous semester and grant degree certificates for B.Tech Electrical and Electronics.
2. Heard the learned counsel for the petitioners, the learned Standing Counsel.
3. It is submitted by the learned counsel for the petitioners
that the petitioners had joined the part time B.Tech course, conducted by the Model Engineering College Edappaly, affiliated to the 1st respondent - University, for the period 2013-17. They had certain back papers to be cleared and the contention is that, they are liable to be permitted to avail the benefits of Ext.P1 guidelines with
regard to the grading of students on 50% marks on the basis of the pattern of internal valuation and the remaining 50% marks on the basis of performance in previous semester. The learned counsel for the petitioners submits that since examinations were not being conducted due to the Covid-19 pandemic, if the petitioners are given the benefit of the provisions as stated above, they will be able to complete their course and the situation can be rectified.
4. A detailed counter affidavit has been placed on record by the
1st respondent. It is submitted that Ext.P1 guidelines were issued by the UGC taking into consideration of the Covid-19 out break and that it is applicable only to the current students of the University and have no application whatsoever to persons like the petitioners, who have completed the course in 2017. It is submitted that the University has
been conducting examinations as well as supplementary examinations from December 2020 to March 2021 and if the petitioners are desirous of participating in the same, they can do so. It is further submitted that during the course of their study from 2013- 17 as well as during the period 2018-19, they had several chances to appear for the regular and supplementary examinations and Exts.R1
(a) to R1 (h) documents are produced to show the number of attempts
availed by the petitioners. It is further submitted that supplementary examinations have been conducted in respect of all semesters of the course during the period from December 2020 to March 2021. It is submitted that a reading of Ext.P1 itself would show that Ext.P1 is not applicable to persons like the petitioners and cannot be relied on by the petitioners to seek benefits they are not eligible for.
5. Having heard the learned counsel appearing on either side, I
noticed that Ext.P1 are advisory guidelines issued in the light of Covid-19 pandemic. A reading of clause 5 would show that it refers to intermediate semester year students i.e., existing students of programs under the University. It is therefore apparent that the remaining provisions of clause 5 also can have application only to the students currently undergoing their courses. In respect of persons who have already completed their course, the only option available is to avail the chances in the supplementary examinations.
In the above view of the matter, I am of the opinion that the prayer sought for cannot be granted. This writ petition fails and the same is, accordingly, dismissed. However, it is made clear that as and when supplementary examinations are conducted by the University, the petitioners can avail of the chance to appear for the same, in accordance
with the guidelines and the regulations. Sd/- ANU SIVARAMAN JUDGE SVP
APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE UGC GUIDELINES ON EXAMINATIONS AND ACADEMIC CALENDER IN VIEW OF COVID 19 PANDEMIC, D.O. NO. F.1- EXHIBIT P2 TRUE COPY OF THE LETTER DATED 01.05.2020 OF ALL INDIA COUNCIL FOR TECHNICAL EDUCATION. EXHIBIT P3 TRUE COPY REPRESENTATION FILED BY THE PETITIONERS DATED 30.06.2020 BEFORE THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 03.12.2020. RESPONDENT'S/S EXHIBITS: EXHIBIT R1(a) TRUE COPY OF THE INFORMATION REGARDING THE NUMBER OF CHANCES AVAILED BY THE 1ST EXHIBIT R1(b) TRUE COPY OF THE INFORMATION REGARDING THE NUMBER OF CHANCES AVAILED BY THE 2ND EXHIBIT R1(c) TRUE COPY OF THE INFORMATION REGARDING THE NUMBER OF CHANCES AVAILED BY THE 3RD EXHIBIT R1(d) TRUE COPY OF THE INFORMATION REGARDING THE NUMBER OF CHANCES AVAILED BY THE 4TH
EXHIBIT R1(e) TRUE COPY OF THE INFORMATION REGARDING
THE NUMBER OF CHANCES AVAILED BY THE 5TH EXHIBIT R1(f) TRUE COPY OF THE INFORMATION REGARDING THE NUMBER OF CHANCES AVAILED BY THE 6THPETITIONER INCLUDING DETAILS OF EXHIBIT R1(g) TRUE COPY OF THE INFORMATION REGARDING THE NUMBER OF CHANCES AVAILED BY THE 7TH EXHIBIT R1(h) TRUE COPY OF THE INFORMATION REGARDING THE NUMBER OF CHANCES AVAILED BY THE 8TH