Naseel S. vs The Registrar (Sed)
2021 Latest Caselaw 4739 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                   WP(C).No.2750 OF 2021(P)


PETITIONERS :-

      1     NASEEL S., AGED 26 YEARS
            S/O. SHAJAHAN, CHALIYAM,
            CHALIYAM.P.O, KOZHIKODE - 673 301.

      2     UMMUL SALMA, AGED 23 YEARS
            D/O.KASIM.M.V, CHERUVADI, PANNICODE.P.O,
            MUKKAM, KOZHIKODE - 673 602.

      3     NARSHIDA.T, AGED 27 YEARS
            D/O.SAKKEER.T, THAYYIL HOUSE, KOMMERI.P.O,
            KOZHIKODE - 673 007.

      4     NOORUL AINA, AGED 28 YEARS
            D/O.MUHAMMEDALI, KAKKAD, KAKKAD.P.O,
            KANNUR - 670 005.

      5     GIREESH.P, AGED 44 YEARS
            S/O.RADHAKRISHNAN.K.T, MANNARKKAD,
            MANNARKKAD.P.O, PALAKKAD - 678 582.

            BY ADV. SRI.K.ABOOBACKER SIDHEEQUE

RESPONDENTS :-

      1     THE REGISTRAR (SED)
            STUDENT EVALUATION DIVISION,
            INDIRA GANDHI NATIONAL OPEN UNIVERSITY,
            NEW DELHI - 110 068.

      2     THE STATE OF KERALA,
            REPRESENTED BY THE SECRETARY,
            HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695 001.

            R1 BY ADV. SRI.K.MOHANAKANNAN
            R2 BY SRI.T.RAJASEKHARAN NAIR, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.2750 OF 2021(P)

                                 -: 2 :-


                             JUDGMENT

Dated this the 9th day of February, 2021

This writ petition is filed challenging Ext.P1 examination notification

of the 1st respondent University and seeking directions to the 1 st

respondent to promote the petitioners by exempting them from

appearing in the examination pursuant to Ext.P1. It is submitted that

the petitioners are pursuing their M.A. Psychology degree under the

1st respondent University and exams are scheduled to be conducted

on 8.2.2021. It is submitted that the classes had commenced late in

the current year due to the Covid 19 outbreak and UGC had issued

circulars directing the conduct of the examinations giving due

importance to the health and well being of the candidates. It is stated

that by Ext.P3 notification, the 1 st respondent had exempted students,

who registered in July, 2019, from appearing in the first year

examination to be conducted in June, 2020. It is stated that in the

present batch also, the candidates are from various parts of Kerala

and that they had preferred representations seeking exemption from

the examination in view of the fact that they have to undergo various

difficulties in participating in the examination. The learned counsel

for the petitioner would, therefore, contend that in the prevailing

situation, the petitioners should be promoted exempting them from

appearing in the examinations.

WP(C).No.2750 OF 2021(P)

2. A statement has been placed on record by the 1 st

respondent. It is stated that in the light of the pandemic, exemptions

had been granted to the students of first year and second year

Bachelor Degree programmes and the first year Master Degree

programme due to the complete lock down, which was in force in

June, 2020. It is stated that the minimum duration of the M.A.

Psychology Degree programme is two years and the maximum

duration is five years. It is stated that all arrangements for

conducting the term-end examinations from 8.2.2021 to 13.3.2021 in

around 800 examination centres all over the country and abroad for

around 7,00,000 students have already been made and all the

confidential exam materials have been sent to the examination

centres. At this stage, any change in the schedule of examination will

be detrimental to several students who are prepared to take the

examinations in the various centres in the country and abroad. It is

stated that since the examinations were duly scheduled and notified

in December, 2020, Ext.P4 representation dated 30.1.2021 seeking

exemption cannot be considered. It is stated that the request made

by the petitioners cannot be considered since the entire procedure for

conduct of the examinations have already been completed and this

writ petition has been moved only at the last moment, that is, on

2.2.2021.

WP(C).No.2750 OF 2021(P)

3. Having considered the contentions advanced, I am of the

opinion that the petitioners had been duly intimated of the conduct of

the examinations at least as early as on 1.1.2021. The objections and

requests seeking exemptions had been made even admittedly only on

30.1.2021. The examinations are now scheduled to start on 8.2.2021.

In the above factual situation, I am of the opinion that the request

made by the petitioners at this stage for a cancellation of the

examinations or an exemption therefrom would adversely affect the

several candidates who are preparing to take the examinations from

8.2.2021 onwards.

In the above view of the matter, I am of the opinion that the

prayers sought for cannot be granted. The writ petition is dismissed.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/5.2.2021 WP(C).No.2750 OF 2021(P)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION DATED 01.01.2021 ISSUED BY FIRST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE CIRCULAR ISSUED BY THE UNIVERSITY GRANTS COMMISSION DATED 26.05.2020.

EXHIBIT P3 A TRUE COPY OF THE NOTIFICATION DATED 10.12.2020 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 30.01.2021 BEFORE FIRST PETITIONER.

//TRUE COPY//

P.A. TO JUDGE