IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 24993 OF 2022
PETITIONER:
ARJUN A
AGED 21 YEARS
S/O.ARUN V, AGED 21 YEARS, 'AVENUES', BEHIND CIVIL
STATION, PALAKKAD DISTRICT, PIN - 678001
BY ADVS.
JACOB SEBASTIAN
K.V.WINSTON
ANU JACOB
RESPONDENTS:
1 THE UNIVERSITY OF CALICUT
REPRESENTED BY ITS REGISTRAR, TENHIPALAM, CALICUT
UNIVERSITY P.O, MALAPPURAM DISTRICT, PIN - 673635
2 THE JOINT CONTROLLER OF EXAMINATIONS
UNIVERSITY OF CALICUT, PAREEKSHA BHAVAN, CALICUT
UNIVERSITY P.O, MALAPPURAM DISTRICT, PIN - 673635
3 THE GLOBAL INSTITUTE OF ARCHITECTURE
PERADIKUNNU, NAGARIPURAM, PATHIRIPALA, PALAKKAD
DISTRICT, PIN-678642, REPRESENTED BY ITS PRINCIPAL.
SRI.P.C.SASIDHARAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24993 OF 2022 2
JUDGMENT
The petitioner, who is undergoing the B.Arch. Course in the 3rd respondent - College, has approached this Court seeking that the Calicut University - to which said College is affiliated - be directed to publish the results of the make-up test/ supplementary jury for the first and second semester Examinations held on 12th July, 2022, within a time frame to be fixed by this court.
2. The petitioner adscititiously prays that the 2nd respondent - Joint Controller of Examinations of the University be directed to take up Exts.P2 and P4 requests made by the College and himself respectively, and to issue orders thereon without any further delay, since otherwise, his entire future would be put to jeopardy because he will be forced to redo the Course from the first semester onwards. He says that this will be extremely unfair and inequitable since, as he has already explained in Ext.P4, he was incapacitated from appearing before the internal jury on account of medical reasons.
3. The afore request of Sri.Jacob Sebastian - learned counsel for the petitioner, was answered by Sri.P.C.Sasidharan - learned Standing Counsel for the University, saying that though Ext.P2 has been received by his client, Ext.P4 has not been. He added that Ext.P2 has already been forwarded by the University to the relevant WP(C) NO. 24993 OF 2022 3 department for necessary action.
4. When I examine and go through the documents on record, particularly Exts.P2 and P4, it is evident that the former among them has been issued by the College to the Joint Controller of Examinations of the University, seeking its approval for conducting a special jury/re- jury as a 'make-up chance' in the third semester. A further request had been made by the petitioner through Ext.P4 relating to the first and second semesters. Since the University says that Ext.P2 has been received by them, I am certain that they are now obligated to answer it appropriately without any further delay, lest the petitioner be put to further prejudice.
In the afore circumstances, I allow this writ petition and direct the 2nd respondent to take up Ext.P2, as also the copy of Ext.P4 from the pleadings of this case; and dispose of the same, adverting to Ext.P3, as also to any other document that the petitioner or the College may present before him, after affording them an opportunity of being heard for such purpose; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible, but not later than three weeks from the date of receipt of a copy of this judgment.
To obtain an expeditious compliance of the afore directions, I WP(C) NO. 24993 OF 2022 4 direct the petitioner and the competent official of the College to appear before the 2nd respondent at 11.00 a.m. on 17.08.2022; on which day, said Authority will either hear them, or fix another convenient date for such purpose and complete proceedings as afore ordered, within the time frame fixed.
After I dictated this part of the judgment, Sri.Jacob Sebastian pointed out that, in Ext.P4, the requests of the petitioner are with respect to the 'make-up tests' for the first and second semesters. He explained that because the College did not conduct the said 'make-up' tests within the time frame prescribed, his client has been denied the said opportunity and that the failure of the College to do so, has now put him to extreme prejudice.
As I have said above, the requests, both in Exts.P2 and P4, will have to be considered by the 2nd respondent appropriately. Since it is pointed out that Ext.P2 request of the College relates to the third semester and Ext.P4 request of the petitioner relates to the first and second semesters, certainly, the 2nd respondent will have to consider both these aspects in its proper perspective, notwithstanding the contention that it did not receive the latter.
Needless to say, until such time as the afore exercise is completed and the resultant orders communicated to the petitioner, WP(C) NO. 24993 OF 2022 5 he will be allowed to continue in the semester which he is presently pursuing and any further decision will be taken only on the terms of the resultant decision.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/10.8 WP(C) NO. 24993 OF 2022 6 APPENDIX OF WP(C) 24993/2022 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE RELEVANT PAGES OF COURSE REGULATIONS FOR B.ARCH DEGREE COURSE IN THE FIRST RESPONDENT UNIVERSITY.
Exhibit-P2 A TRUE COPY OF THE LETTER DATED
18.07.2022 ISSUED BY THE THIRD RESPONDENT
TO THE SECOND RESPONDENT.
Exhibit-P3 A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 04.07.2022.
Exhibit-P4 A TRUE COPY OF THE LETTER DATED
29.07.2022 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT.