Navaj Abdul Nazeer vs University Of Calicut
2021 Latest Caselaw 16668 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                    WP(C) NO. 13099 OF 2021
PETITIONER :-

          NAVAJ ABDUL NAZEER
          S/O. M. P. ABDUL NAZEER, MARAVEETTICKAL HOUSE,
          MANNUTHY P. O., ARAMKALLU,
          THRISSUR DISTRICT, PIN - 680 651.

          BY ADVS.
          DINESH MATHEW J.MURICKEN
          N.R.SANGEETHARAJ
          VINOD S. PILLAI
          SREELAKSHMI R.
          MOHAMMED THAYIB N.M.


RESPONDENTS :-

    1     UNIVERSITY OF CALICUT
          REPRESENTED BY THE VICE CHANCELLOR,
          CALICUT UNIVERSITY P. O., THENHIPPALAM,
          MALAPPURAM - 673 635.

    2     THE CONTROLLER OF EXAMINATIONS
          UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P. O.,
          THENHIPPALAM, MALAPPURAM - 673 635.

    3     SREE NARAYANA GURU COLLEGE OF ADVANCED STUDIES
          VAZHUKUMPARA, CHUVANNAMANNU, THRISSUR DISTRICT,
          PIN - 680 652, REPRESENTED BY ITS PRINCIPAL.

          BY SRI.P.C.SASIDHARAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13099 OF 2021

                                      -: 2 :-


                                  JUDGMENT

Dated this the 11th day of August, 2021

This writ petition is filed seeking the following reliefs:-

"i. Issue writ of mandamus or any other appropriate writ directing the 2nd respondent to conduct 4th semester supplementary examinations who were not able to write examinations due to covid-19 at the earliest and to declare the results along with the results of the examinations conducted on November, 2020.

ii. Issue writ of mandamus or any other appropriate writ or direction to the 2nd respondent to consider Exhibit P9 representation and to pass appropriate orders as expeditiously as possible."

2. Heard the learned counsel for the petitioner and the

learned standing counsel appearing for respondent University.

3. It is submitted by the learned counsel for the

petitioner that the petitioner had appeared for the

supplementary examinations of B.A. English Language and

Literature course undergone by him in respect of one back

paper suffered by him in the 4 th semester. It is submitted that

the examination was to be conducted on 17.11.2020 and the hall WP(C) NO. 13099 OF 2021

ticket was duly issued to the petitioner. However, on

15.11.2020, the petitioner tested positive for Covid-19 and he

was unable to write the examination. It is submitted that the

petitioner has approached the respondent University seeking

conduct of a special Covid examination so that he is able to

continue his studies.

4. The learned Standing Counsel appearing for the

University submits, on instructions, that the Syndicate of the

University had met on 18.6.2021 and had taken a decision that

the special Covid examinations will be conducted immediately

after the final semester examinations are over. It is submitted

that the final semester examinations have started on 28.6.2021.

It is submitted that after the final semester examinations are

over, the request of the petitioner for conduct of a special

examination for the students who could not write the

examinations on account of Covid will be addressed and the

exams will be conducted with utmost expediency, taking note of

all the relevant factors and the Covid related restrictions. It is WP(C) NO. 13099 OF 2021

submitted that the University is aware of the predicament of the

students and no undue delay will occur in the matter.

In view of the above submissions, this writ petition is

disposed of with a direction that the special Covid examinations

will be conducted as soon as possible.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/18.8.2021 WP(C) NO. 13099 OF 2021

APPENDIX OF WP(C) 13099/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE IDENTITY CARD ISSUE TO THE PETITIONER BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE CONSOLIDATED GRADE CARD ISSUED BY THE 1ST RESPONDENT UNIVERSITY TO THE PETITIONER DATED 30.06.2020.

Exhibit P3 TRUE COPY OF THE HALL TICKET ISSUED BY THE 2ND RESPONDENT DATED 06.11.2020.

Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE PRIMARY HEALTH CENTRE, OLLUKKARA DATED 28.11.2020.

Exhibit P5 TRUE COPY OF THE NOTIFICATION NO.89258/EG-I-ASST-

3/2020/PB ISSUED BY THE 1ST RESPONDENT UNIVERSITY DATED 20.10.2020.

Exhibit P6 TRUE COPY OF THE NOTIFICATION NO.89258/EG-I-ASST-

3/2020/PB ISSUED BY THE 1ST RESPONDENT UNIVERSITY DATED 21.10.2020.

Exhibit P7 TRUE COPY OF THE NOTIFICATION NO.89258/EG-I-ASST-

3/2020/PB ISSUED BY THE 1ST RESPONDENT UNIVERSITY DATED 03.11.2020.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.21629/2020 PASSED BY THIS HONOURABLE COURT DATED 16.10.2020.

Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 03.12.2020.