Kerala High Court
The Cochin University Of Science ... vs Kajol Prakash on 5 August, 2021
WA No.980/2021 1 / 10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 5th day of August 2021 / 14th Sravana, 1943
WA NO. 980 OF 2021
AGAINST JUDGMENT DATED 28.06.2021 IN WP(C) 11530/2021 OF THIS COURT.
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APPELLANTS/RESPONDENTS 1 TO 4:
1.THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
REPRESENTED BY ITS REGISTRAR, UNIVERSITY ROAD,
SOUTH KALAMASSERY, KALAMASSERY P.O.KOCHI-682 022.
2.THE VICE CHANCELLOR,THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
UNIVERSITY ROAD, SOUTH KALAMASSERY,
KALAMASSERYP.O.,KOCHI-682 022.
3.THE CONTROLLER OF EXAMINATIONS,
THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
UNIVERSITY ROAD, SOUTH KALAMASSERY,
KALAMASSERYP.O.KOCHI-682 022.
4.THE DIRECTOR, SCHOOL OF LEGAL STUDIES,
THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,UNIVERSITY ROAD,
SOUTH KALAMASSERY, KALAMASSERYP.O.KOCHI-682 022.
BY SRI.S.P.ARAVINDAKSHAN PILLAI, STANDING COUNSEL
RESPONDENTS/PETITIONERS AND 5TH RESPONDENT:
1.KAJOL PRAKASH, AGED 24 YEARS,D/O. PRAKASHAN K.V.,
KODAPULLY HOUSE, ANTHIKAD P.O.THRISSUR-680 641.
2.ANOOJA SYED,AGED 23 YEARS,D/O. SYED MOHAMMAD,
VALIYAVEETIL, CHERANALLOOR, KOCHI-683 544.
P.T.O.
WA No.980/2021 2 / 10
3.SHARIKA J., AGED 23 YEARS,D/O SIVARAMAN, SARIKA NIVAS,
ERUMAKUZHI, NOORANADU P.O.ALAPPUZHA-690 504.
4.ABHINALALU, AGED 25 YEARS,D/O. LALU N, LATHALAYAM,
KOTTAMKARA, CHANDHANATHOPU P.O, KOLLAM-691 014.
5.SAJITHA V., AGED 25 YEARS, D/O. VARIYAPPULLY ABBAS,
VARIYAMPULLY HOUSE, MAVINCHUVARU, PUNNAYURKULAM P.O.,
THRISSUR-679 561.
6.ANILA P.U., AGED 26 YEARS,D/O. P.D.UNNIKRISHNAN,
MAANNULLIL HOUSE, THIRUVANKULAM P.O.ERNAKULAM-682 305.
7.THE BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN,
HIGH COURT ROAD, KOCHI-682 031,
REPRESENTED BY ITS SECRETARY.
BY ADV.SRI.B.MOHANLAL
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of and all proceedings pursuant
to the judgment dated 28.06.2021 in W.P.(C) No.11530/2021 of the learned
Single Judge, pending disposal of the Writ Appeal.
This Writ Appeal coming on for admission on 05.08.2021 upon perusing
the appeal memorandum, the Court on the same day passed the following:
P.T.O.
WA No.980/2021 3 / 10
EXT.R1(A):TRUE COPY OF THE JUDGMENT DATED 18.11.2020
IN W.P.(C) NO.22468/2020 OF THIS HON'BLE COURT.
EXT.R1(B):TRUE COPY OF THE JUDGMENT DATED 04.03.2021
IN W.P.(C) NO.3439/2021 OF THIS HON'BLE COURT.
EXT.P7:THE TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.17444/2020
DATED 01.10.2020 OF THIS HON'BLE COURT.
ANNEXURE A1: TRUE COPY OF THE NOTICE DATED 29.06.2021
OF THE DIRECTOR,SCHOOL OF LEGAL STUDIES.
WA No.980/2021 4 / 10
S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
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W.A.No.980 of 2021
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Dated this the 5th day of August, 2021
ORDER
S.MANIKUMAR, C.J.
By judgment dated 28th June 2021 in W.P.(C)No.11530/2021, writ
court, after considering the rival submissions, passed the following
directions:
"5. I have heard the learned counsel for the parties and
appraised the paper book. The petitioners had sought the admission
in different academic years and have availed the chance for many
times are not in dispute. The only point to be considered is once the
University has decided to give chance to sit in the supplementary
examination for five-year LLB integrated course of odd semesters;
but through off line or physical mode, is the question. During the
second wave of COVID-19, which surged in the month of March
2021 and only in the month of June there had been some respite but
considering the situation in Kerala, particularly in Ernakulam there
are still 1500 cases everyday. The opposition by the University to
insist offline and physical mode of supplementary examination in
the present situation by relying upon Ext.R1(a) and (b) cannot be a
justified ground considering the fact that there had been a
guidelines of quarantine and RTPCR test. During the second wave all
the laboratories were flooded with the test reports and patients
could not get outcome of the results within a span of 24 to 48 hours.
There was a pandemonium. Even the court proceedings are also
held virtually, it would not be appropriate to direct that the
students for sitting in the five integrated odd semester
supplementary examination through offline/physical mode as
insisted by the respondent university. Thus, the decision of the
respondent is not sustainable and hereby set aside. The respondent
university is granted forty five (45) days in rescheduling the time
table for holding online supplementary examination for five year
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W.A.No.980 of 2021
integrated odd semester, as decided earlier and declare the result as
early as possible.
The writ petition stands allowed in terms of aforementioned
observations."
2. Instant writ appeal is filed by the Cochin University of Science and
Technology and others/respondents 1 to 4 in writ petition challenging the
abovesaid directions of the writ court, inter alia, on the following grounds:
"C) The Hon'ble Supreme Court in a catena of decisions has
held that the Courts should be extremely reluctant to substitute its
own views as to what is wise, prudent and proper in relation to
academic matters in preference to those formulated by professional
men possessing technical expertise and rich experience of actual
day-to-day working of educational institutions and the departments
controlling them. The Hon'ble Supreme Court has also held that the
Courts should not embarrass academic authorities by themselves
taking over their functions. The conduct of examinations is purely
an academic matter. The University and its authorities are the best
ones to take decisions as to how the examinations are to be
conducted. The learned Single Judge grossly erred in issuing
directions to the University with respect to the manner in which the
examinations have to be conducted.
D) The learned Single Judge failed to appreciate the fact that
the University has already conducted and completed the
examinations of the VIIth and IXth semesters of BBA/B.Com
LL.b(Hons) through offline mode and the examinations of the IIIrd
and Vth semesters of BBA/B.Com LL.b (Hons) though started in
offline mode could not be completed only due to the lockdown
imposed by the State Government and the University was forced to
postpone the remaining examinations. In fact, in the IIIrd and Vth
semesters of BBA/B.Com LL.B(Hons), only the examinations of few
papers are pending. Out of the total 6 papers in the IIIrd semester,
examinations for only three papers viz. Constitutional Law II, Law of
Crimes-I and Jurisprudence (Legal Method, Indian Legal System and
Basic Theory of Law) only are pending. Likewise out of the total 6
papers in the Vth Semester Examinations for only three papers viz.
Family Law II, Consumer Protection Law and Law of Evidence only
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W.A.No.980 of 2021
are pending. Examinations for the other papers in the IIIrd and Vth
Semesters of BBA/B.Com LL.B (Hons) are already over in the offline
mode. If the impugned judgment is implemented there will be two
modes of examinations conducted for a single semester. The learned
Single Judge failed to appreciate this aspect while passing the
impugned judgment.
......... ............ .........
G) The learned Single Judge ought to have found that the
University has taken necessary safeguards for conducting the
Examinations in the offline mode. Exts.P3 and P4 guidelines have
been issued by the University in view of the COVID-19 pandemic and
the examinations are being conducted strictly adhering to the said
said guidelines. The Controller of Examinations as per order
No.CE/General/2011(Vol.III) dated 23.12.2020 has issued Covid-19
Health Advisory for conducting University Examinations for
Students and Centres by which guidelines have been issued in
conducting the examinations. Moreover, the University Grants
Commission has granted permission to all the Universities in India to
conduct examinations in online mode or through hybrid systems as
fixed by the concerned Universities. It was considering the above
factors that this Hon'ble Court by Exts.R1(a) and R1(b) judgments
permitted the University to conduct examinations in The offline
mode/hybrid system as desired by the University. The learned
Single Judge failed to appreciate Exts.R1(a) and R1(b) judgments of
this Hon'ble Court which were issued after this context, a true copy
of the order No.CE/General/2011(Vol.III) dated 23.12.2020 of the
Controller of Examinations of the University is produced herewith
and marked as Annexure-II for easy reference.
H) The University is of the firm view that, wherever possible,
examinations have to be conducted in the traditional mode i.e. in the
offline mode. In the online mode examination the number of
students and number of questions in the question papers must have
to be limited. Many of the students registered for supplementary
examinations do not have backlog in all papers. Therefore, there are
practical difficulties in conducting the supplementary examinations
in online mode. The setting of question papers as per the Syllabus
and the valuation of answer papers etc. are more easy and at the
same time are of high standard, as far as the traditional system of
class room examinations is concerned. In Online mode, only Multiple
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W.A.No.980 of 2021
Choice Questions (MCQ) type exams are successful. Moreover,
University noticed wide spread malpractices including
impersonation in online mode exam. To partially overcome this, the
University has introduced a system of compulsory viva at the end of
each exam for all participants. This viva system can be effectively
practised only if the students are personally known to the
Invigilator. This is not practical as far as the supplementary
students are concerned since many of them are course out/semester
out students who may not be known to the Invigilator. The learned
Single Judge did not appreciate the above practical difficulties and
the reasons cited by the University in its counter affidavit while
passing the impugned judgment."
3. Mr.S.P.Aravindakshan Pillai, learned Standing Counsel for the
appellants/Cochin University of Science and Technology submitted that the
writ petitioners are appearing for the supplementary examinations and
they got enough chances to clear their backlog papers in all the semesters.
None of the regular students are before this Hon'ble Court. According to
him, the University is of the firm view that wherever possible,
examinations have to be conducted in the traditional mode i.e., in the
offline mode. Moreover, there are practical difficulties in conducting the
supplementary examinations in online mode.
4. Learned Standing Counsel further submitted that 70 students only
have to take part in the supplementary examinations for IIIrd and Vth
semesters of BBA/B.Com LL.b (Hons) Five Year Integrated LLB Course. He
further submitted that without taking note of the steps taken by the
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W.A.No.980 of 2021
University, reflected in Annexure A1 i.e., true copy of the notice dated
29.6.2021 of the Director, School of Legal Studies, writ court has directed
the examinations to be conducted by online mode. He further submitted
that without giving due consideration to Ext.R1(a) and R1(b), judgments of
this court, the impugned judgment has been passed by the writ court.
5. That apart, learned Standing Counsel for the University submitted
that the respondents have already completed the course period and left the
college, a few years back. Therefore, if online examination has to be
conducted for the students, who have left the college on completion of the
period of course/study, there is difficulty in identifying those students. For
the abovesaid reasons, the learned Standing Counsel prays for an interim
direction to stay the operation and implementation of the impugned
judgment dated 28.6.2021 in W.P.(C)No.11530/2021.
6. Per contra, Mr.B.Mohanlal, learned counsel appearing for the
respondents/writ petitioners (6 in no.), submitted that acting on the
directions contained in the judgment in W.P.(C)No.17444/20 (Ext.P7), the
University had already conducted main/supplementary examinations of
the LLB five year course through online mode and that the present set of
students/writ petitioners alone should not be discriminated. According to
him, University had already complied with the directions issued in Ext.P7
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W.A.No.980 of 2021
judgment in W.P.(C)No.17444/20 dated 1 st October 2020. He further
submitted that COVID 19 cases are on the increase and as one of the writ
petitioners being pregnant, there would be undue hardship in directing the
respondents to undergo the remaining examinations off line.
7. We have heard learned counsel for the parties and perused the
materials available on record.
8. It is an admitted fact that three examinations in each of the
semester have already been conducted offline. Considering the number of
students to take up the supplementary examinations for the IIIrd and Vth
semesters of BBA/B.Com LL.b (Hons) Five Year Integrated LLB Course,
stated to be 70, and having regard to the arrangements made in Annexure
A1, true copy of the notice dated 29.6.2021 of the Director, School of Legal
Studies and the reasons stated supra, we are of the view that the University
should be permitted to conduct the remaining examinations offline. Giving
due consideration to the rival submissions, we are of the view that matter
requires adjudication.
9. Writ appeal is admitted. There shall be an interim stay of the
operation and implementation of the impugned judgment dated 28th June
2021 in W.P.(C)No.11530/2021.
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W.A.No.980 of 2021
10. At this juncture, Mr.B.Mohanlal, learned counsel appearing for the
respondents/writ petitioners submitted that students are willing to take up
the examinations, at the earliest.
Placing on record the above submission, Cochin University of Science
and Technology is directed to explore the possibility of conducting the
University examination for the remaining subjects, at the earliest.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
sd/-
SHAJI P. CHALY
JUDGE
jes
05-08-2021 /True Copy/ Assistant Registrar
