Kerala High Court
Sreekumar Varma vs State Of Kerala on 3 December, 2021
W. A. No. 1148 of 2021 and
W. P. (C) No. 17926 of 2021 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943
WA NO. 1148 OF 2021
AGAINST THE ORDER IN RP 587/2021 OF HIGH COURT OF KERALA
APPELLANT/S:
1 UNIVERSITY OF CALICUT,
REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O.
THENJIPALAM, MALAPPURAM - 673 635
2 REGISTRAR, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P. O., THENJIPALAM,
MALAPPURAM - 673 635
3 VICE CHANCELLOR, UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P.O., THENJIPALAM,
MALAPPURAM - 673 635
4 CONTROLLER OF EXAMINATIONS,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.
THENJIPALAM, MALAPPURAM - 673 635.
BY ADV SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
RESPONDENT/S:
1 SREEKUMAR VARMA
AGED 53 YEARS,
S/O N. KERALA VARMA CHANDRIKA,
SIVA TEMPLE, VIYYUR, THRISSUR - 680010
2 NELSON K. D., AGED 55 YEARS,
S/O K.J. DEVASSY, KUTTAPPASSERY HOUSE,
H. NO. XI/1040, ST. JOHN PATTOM
COCHIN 682001.
3 SARITHA K. SATHEESAN,
AGED 42 YEARS, D/O T.S. SATHEESAN,
PLOT NO. 117, KKF COLONY,
ELAMKULAM, ERNAKULAM - 68 020.
4 STATE OF KERALA,
REPRESENTED BY THE DEPARTMENT OF HIGHER EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
W. A. No. 1148 of 2021 and
W. P. (C) No. 17926 of 2021 -2-
5 SECRETARY TO GOVERNMENT
DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
6 PRINCIPAL, GOVERNMENT LAW COLLEGE,
AYYANTHOLE, THRISSUR - 680 003.
7 CHIEF SECRETARY, ROOM NO. 202,
NORTH SANDWICH BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
OTHER PRESENT:
SRI.KALWEESWARAM RAJ FOR R1-R3,
SRI.K.P.HARISH, SR GP FOR R4 TO R7
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.12.2021, ALONG WITH WP(C).17926/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W. A. No. 1148 of 2021 and
W. P. (C) No. 17926 of 2021 -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943
WP(C) NO. 17926 OF 2021
PETITIONER/S:
1 SREEKUMAR VARMA
AGED 53 YEARS
S/O. N.KERALA VARAMA, CHANDRIKA, SIVA TEMPLE, VIYYUR,
THRISSUR-680 010
2 NELSON .K.D.
AGED 55 YEARS
S/O. K.J.DEVASSY, KUTTAPPASSERY HOUSE, H.NO.XI/1040,
ST.JOHN PATTOM, CHOCIN-682 001
3 SARITHA K.SATHEESAN
AGED 42 YEARS
D/O. T.S.SATHEESAN, PLOT NO.117, KCF COLONY,
ELAMKULAM, ERNAKULAM-682 020
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
THULASI K. RAJ
UTHARA P. V.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT,
THRIUVANANTHAPURAM-695 001
3 UNIVERSITY OF CALICUT,
REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY
P.O., THENHIPALAM, MALAPPURAM-673 635
4 REGISTRAR,
UNIVERSITY OF CALICUT,CALICUT UNIVERSITY P.O.,
THENHIPALAM, MALAPPURAM-673 635
W. A. No. 1148 of 2021 and
W. P. (C) No. 17926 of 2021 -4-
5 VICE CHANCELLOR,
UNIVERSITY OF CALICUT,CALICUT UNIVERSITY P.O.,
THENHIPALAM, MALAPPURAM-673 635
6 CONTROLLER OF EXAMINATIONS,
UNIVERSITY OF CALICUT,CALICUT UNIVERSITY P.O.,
THENHIPALAM, MALAPPURAM-673 635
7 PRINCIPAL
GOVERNMENT LAW COLLEGE, AYYANTHOLE, THRISSUR-680 003
8 CHIEF SECRETARY
ROOM NO.202, NORTH SANDWICH BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
BY ADVS SRI. P. C. SASIDHARAN, SC, CALICUT UNIVERSITY
SRI. K. P. HARISH, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.12.2021, ALONG WITH WA.1148/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. A. No. 1148 of 2021 and
W. P. (C) No. 17926 of 2021 -5-
JUDGMENT
S. Manikumar, C. J.
W. P. (C) No. 17926 of 2021 is filed by the second semester
students of 3 year LL.B. Course at Government Law College,
Thrissur, for the following reliefs:-
"i. To issue a writ of certiorari quashing Ext. P4 to the
extent to which it directs the conducting of First Semester LL.B
Unitary Degree (3-year) (2015 scheme - 2020 Admission only)
Regular Examination November 2020 in physical mode;
ii. To declare that the First Semester LL.B Unitary
Degree (3-year) (2015 scheme - 2020 Admission only) Regular
Examination scheduled vide Ext. P4 is liable to be postponed or
conducted in online mode in view of the COVID-19 situation in
the State;
iii. To issue a writ of mandamus to the respondents 3 to 6
to postpone the First Semester LL.B Unitary Degree (3-year)
(2015 scheme - 2020 Admission only) Regular Examination
scheduled vide Ext. P4 or to conduct it online;
or
iii. (a) To issue a writ of mandamus directing the
respondents 3 to 6 to arrange exam centres in every district
accessible to aged students such as the petitioners"
W. A. No. 1148 of 2021 and
2. Being aggrieved by the interim order, directing examinations
to be conducted in offline mode, W. A. No. 1148 of 2021 is filed.
3. Having regard to the rival submissions, on 08.09.2021, we
permitted the examinations to be conducted by the University of
Calicut, subject to strict implementation of Covid - 19 protocol issued
by the Government, and also the revised guidelines dated 16.08.2021
issued by the University.
4. On 29.11.2021, we directed the Registry to post W. P. (C) No.
17926 of 2021 along with the instant appeal.
5. Thus, W. A. No. 1148 of 2021 and W. P. (C) No. 17926 of
2021 are listed together.
6. Today, when the matter came up for hearing, Ms. Uthara P. V.,
learned counsel appearing for the writ petitioner, submitted that
examinations have already been conducted.
7. Mr. P. C. Sasidharan, learned Standing Counsel for the
Calicut University, acknowledges the said submission.
8. Placing on record the above, there is no need to delve into the
rival contentions. Nothing survives in the writ petition, as well as the
W. A. No. 1148 of 2021 and
writ appeal, for further adjudication.
Accordingly, W. P. (C) No. 17926 of 2021 and W. A. No. 1148
of 2021 are disposed of.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb ///TRUE COPY///
P. A. TO JUDGE
W. A. No. 1148 of 2021 and
APPENDIX OF WP(C) 17926/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE
DAILY COVID-19 BULLETIN OF DEPARTMENT
OF HEALTH & FAMILY WELFARE AS ON
31.08.2021 OBTAINED FROM THE OFFICIAL
GOVERNMENT WEBSITE
WWW.DHS.KERALA.GOV.IN
Exhibit P2 TRUE COPY OF THE PRESS RELEASE DATED
10.06.2021 ISSUED BY THE BAR COUNCIL OF
INDIA
Exhibit P3 TRUE COPY OF THE REPRESENTATION BY
AMEER FAISAL VIA EMAIL DATED 27.08.2021
Exhibit P4 TRUE COPY OF THE NOTIFICATION DATED
18.08.2021 ISSUED BY THE UNIVERSITY
