Kerala High Court
Bennet Angus Raj vs University Of Calicut on 7 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
WEDNESDAY, THE 7 DAY OF JULY 2021 / 16TH ASHADHA, 1943
WP(C) NO. 11221 OF 2021
PETITIONER:
BENNET ANGUS RAJ,
AGED 25 YEARS
S/O. ANGUS DEVA RAJ, RAJ GARDENS,
ATTAPALLAM P.O., KUMILY-685509.
BY ADVS.
MILLU DANDAPANI
SRI.RAMEEZ NOOH
SHRI.SIRAJ ABDUL SALAM
RESPONDENTS:
1 UNIVERSITY OF CALICUT,
TIRUR-CALICUT ROAD, THENHIPALAM, KERALA-673635,
REPRESENTED BY ITS REGISTRAR.
2 CONTROLLER OF EXAMINATION,
PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT,
THENHIPALAM P.O., MALAPPURAM-673635.
3 PRINCIPAL,
GOVERNMENT ENGINEERING COLLEGE,
RAMAVARMAPURAM ENGINEERING COLLEGE P.O.,
THRISSUR, KERALA-680009.
BY ADV SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11221 OF 2021
2
JUDGMENT
Challenge has been laid to the notification dated 17.04.2021
Ext.P7 whereby examination of various papers conducted on
different dates have been cancelled.
2. The facts in brief are that the petitioner had sought
admission for B.Tech for the academic year 2013-17 under the
production Engineering 2009 Scheme. He successfully completed
the B.Tech Production Engineering course in the year 2017
however, the petitioner had pending one exam paper
(Engineering Physics). As per the Rules of the University all
students completed the course with any pending exam paper
mandatorily required to clear all examination papers within a
period of four(4) years from the year of passing out. Since the
petitioner had completed the course in 2017, applied for the first
supplementary examination conducted by the 1st and 2nd
respondents in the year 2018. However, he could not appear as
he had to submit final year project before passing out from the
college.
3. Respondents 1 and 2 again conducted examination in
WP(C) NO. 11221 OF 2021
the year 2019. Petitioner applied by depositing the requisite fees
but as the respondent No.2 conducted the examination without
publishing the official notification for conducting the examination
and time table, he could not appear. Since the petitioner had lost
second chance in the year 2018 and 2019, he was eagerly
waiting for his third chance for writing the examination. The hope
of the petitioner raised when 2nd respondent issued a notification
and scheduled to conduct the supplementary examination in the
month of April, 2020 but no effort was taken to conduct the
examination citing the reasons of Covid 19 pandemic.
Representation dated 29.01.2021 (Ext.P2) was submitted to the
Vice-Chancellor and Controller of Examinations which was duly
replied by the Joint Registrar on 17.02.2021 (Ext.P3).
Respondents came out with a time table for conducting the
supplementary examination on 12.02.2021 (Ext.P4) by fixing the
time of examination as 9.30.am to 12.30.pm and vide notification
Ext.P5 of the same date the time of the examination was updated
as 1.30.pm to 4.30.pm.
4. When the petitioner reached morning to appear for
Engineering Physics on 15.03.2021 he was informed that the
WP(C) NO. 11221 OF 2021
examination would be held post lunch. The petitioner appeared
for the aforementioned examination held on 15.03.2021 for the
reason best assigned the respondents vide impugned decision
Exts.P7 and P8 cancelled the examination on the premise that
question paper of first and second semester B.Tech/part-time
B.Tech supplementary examination April, 2020 (2009 Scheme)
conducted on 10.03.2021 to 22.03.20201 were erroneously
opened by some Engineering colleges. It was contended that
such action is wholly atrocious and repugnant as the University
could not have come out with the two notifications of the identical
date changing the time schedule without any intimation. In this
regard representation is stated to be pending but there is no
adherence. Respondents failed to apply mind and enquire into
the allegation of erroneous opening of question paper. If it all
there were certain allegations the University ought to have
cancelled the examination of particular colleges but not of the
entire other University as it has seriously affected the candidates
like the petitioner who had already completed the course except
one examination and would definitely be deterrence for seeking
an employment in the absence of completion of graduation in a
WP(C) NO. 11221 OF 2021
particular degree course.
5. On the contrary, learned counsel representing the
University opposed the writ petition by submitting that it was the
Superintendent of exams who opened the question papers before
the schedule of examination. Thus, conduct of the examination
before the scheduled time by the University was illegal, as it
vitiated the entire examination for the reason that the possibility
of students getting the question paper cannot be ruled out. As
regards the change of timings of the combined the first and
second semester B.Tech supplementary examination April 2020,
2009 scheme from March 8th onwards in the morning session at
9.30.a. to 12.30.pm six exams were conducted upto 22.03.2021.
Cancellation of notification was issued by the University on
22.03.2021 and was intimated to all the Engineering colleges. It
was also published in the university Website.
6. I have heard the learned counsel for the parties and
appraised the paper book. I am of the view that there is no force
and merits in the submission. The reasoning assigned in Ext.P7
reads thus:
WP(C) NO. 11221 OF 2021
UNIVERSITY OF CALICUT
(Pareeksha Bhavan)
No.12334/EG-I-ASST-2/2017/PB Date:17.04.2021
NOTIFICATION
It is notified for the information of all concerned that the following
question papers of I & II Semester B.Tech / Part time B.Tech
Supplementary Examination April 2020 (2009 Scheme -
2012 - 2013 Admissions) conducted from 10.03.2021
(Wednesday) to 22.03.2021 (Monday) were erroneously
opened by an Engineering College and hence the said examinations
are cancelled and the re-examinations will be conducted later.
Name of Paper
EN/PTEN 09 102 Engineering Mathematics II
EN/PTEN 09 103 Engineering Physics
EN/PTEN 09 104 Engineering Chemistry
EN/PTEN 09 105 Engineering Mechanics
EN 09 106 Basics of Civil & Mechanical
Engineering
PTEN 09 106 Humanities and communication
skills
Dr.C D Babu
CONTROLER OF EXAMINATIONS"
It is axiomatic that certain question papers were opened in
respect of the examination conducted from 10.03.2021 to
22.03.2021. To have the transparency and magnanimity
WP(C) NO. 11221 OF 2021
cancellation of examination was inevitable as the possibility of
leakage of questions and having known to certain students
cannot be ruled out. It is the third chance of the supplementary
examination and as the petitioner had failed in first two chances,
cannot implore upon the respondents in laying challenge to the
cancellation of the examination to make it suitable and to his
convenience. In the first week of April second wave of Covid 19
pandemic resurfaced and was more acute than the previous one,
necessitating the University to cancel all the examinations vide
Ext.P8 assigning the reason of acute and rapid increase of Covid
19 pandemic. Such situation had become uncontrollable in order
to prevent any fatalities or wide spread of infections. In my view
no fault can be found in the impugned decision Ext.P7 cancelling
the examination.
There is no merit in the writ petition, accordingly
dismissed.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C) NO. 11221 OF 2021
APPENDIX OF WP(C) 11221/2021
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE
RECEIPT DATED NIL FOR
PAYMENT OF MONEY AND
APPLYING FOR
ENGINEERING PHYSICS
SUPPLEMENTARY
EXAMINATION.
EXHIBIT P2 TRUE COPY OF THE
REPRESENTATION
SUBMITTED BEFORE THE
VICE-CHANCELLOR AND THE
CONTROLLER OF
EXAMINATION ON
29/01/2021.
EXHIBIT P3 TRUE COPY OF THE REPLY
LETTER ISSUED BY THE
JOINT REGISTRAR FOR THE
2ND RESPONDENT DATED
17/02/2021.
EXHIBIT P4 TRUE COPY OF THE TIME
TABLE NO.44384/EG-I-
ASST-2/2018/PB DATED
12/02/2021 PUBLISHED BY
THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE TIME
TABLE PUBLISHED BY THE
2ND RESPONDENT IN THE
1ST RESPONDENT WEBSITE
NO.44384/EG-I-ASST-
2/2018/PB DATED
12/02/2021.
EXHIBIT P6 TRUE COPY OF THE
PROVISIONAL HALL TICKET
ISSUED BY THE 2ND
RESPONDENT DATED NIL.
WP(C) NO. 11221 OF 2021
EXHIBIT P7 TRUE COPY OF THE
NOTIFICATION
NO.12334/EG-I-ASST-
2/2017/PB DATED
17/04/2021.
EXHIBIT P8 TRUE COPY OF THE
WEBPAGE PRINTOUT OF
NOTIFICATION PUBLISHED
BY THE 1ST RESPONDENT
UNIVERSITY IN ITS
OFFICIAL WEBSITE DATED
03/05/2021.
EXHIBIT P9 TRUE COPY OF THE
MEMORANDUM OF
INSTRUCTION TO CHIEF
SUPERINTENDENTS OF
UNIVERSITY EXAM CENTERS
PUBLISHED BY THE 1ST
RESPONDENT UNIVERSITY.
EXHIBIT P10 TRUE COPY OF THE E-MAIL
REPRESENTATION
SUBMITTED BEFORE THE
1ST AND 2ND RESPONDENT
THROUGH THE OFFICIAL E-
MAIL ID DATED
05/05/2021.
