Rajika R vs All India Council For Technical ...
2021 Latest Caselaw 15307 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
 THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                  WP(C) NO. 13412 OF 2021
PETITIONERS:

    1    RAJIKA R, AGED 20 YEARS
         D/O.K.RAMACHANDRAN, DHIJIVHVANAM,
         KRISHNAPURAM(PO),KAYAMKULAM,
         ALAPPUZHA DISTRICT,KERALA-690533.

    2    NITHIN.A, AGED 21 YEARS
         S/O MADHUSOODHANAN.K, ALINGAL(H),
         NIRAMARUTHUR(PO), TIRUR,MALAPPURAM,
         KERALA-676109.

    3    AFEEF.MS, AGED 21 YEARS
         S/O SAINUDHEEN.MA,MUCHETH(H), NEDUMBASSERY(PO),
         KAPPRASSERY, ERNAKULAM,KERALA-683585.

    4    MOHAMMED ANZAL, AGED 18 YEARS
         S/O ANSHAD.A, FATHIMA MANZIL, KERALAPURAM,
         PERINAD,KOLLAM, KERALA-691511.

         BY ADVS. MATHEW A KUZHALANADAN
         KURIAKOSE VARGHESE
         V.SHYAMOHAN
         ANUSHMA M.KHAN
         SUDEEP ARAVIND PANICKER


RESPONDENTS:

   1     ALL INDIA COUNCIL FOR TECHNICAL EDUCATION -
         AICTE
         REPRESENTED BY ITS CHAIRMAN, NELSON MANDELA
         MARG, VASANT KUNJ, NEW DELHI-110070.
 W.P.(C) No.13412 of 2021
                                     2


     2      HIGHER EDUCATION DEPARTMENT,
            REPRESENTED BY ITS ADDITIONAL CHIEF
            SECRETARY,4TH FLOOR, ANNEX II, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.

     3      DIRETORATE OF TECHNICAL EDUCATION,
            (GOVERNMENT OF KERALA),REPRESENTED BY ITS
            DIRECTOR,PADNAVILASOM STREET,FORT.P.O,
            THIRUVANANTHAPURAM, KERALA-695023.

     4      BOARD OF TECHNICAL EDUCATION,
            DEPARTMENT OF TECHNICAL EDUCATION(GOVERNMENT OF
            KERALA), REPRESENTED BY CONTROLLER OF TECHNICAL
            EXAMINATIONS, KAIMANAM.P.O, THIRUVANANTHAPURAM,
            KERALA-695040.

     5      GOVERNMENT WOMEN'S POLYTECHNIC COLLEGE,
            REPRESENTED BY ITS PRINCIPAL,
            KAYAMKULAM, ALAPPUZHA DISTRICT, KERALA-690502.

     6      GOVERNMENT POLYTECHNIC COLLEGE, MANJERI,
            REPRESENTED BY ITS PRINCIPAL, KARUVAMBRAM
            WEST(PO), MANJERI, MALAPPURAM, KERALA-676123.

     7      GOVERNMENT POLYTECHNIC COLLEGE, PERUMBAVOOR
            REPRESENTED BY ITS PRINCIPAL, KOOVAPPADY (PO),
            PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA 683544

     8      SREE NARAYANA POLYTECHNIC COLLEGE
            REPRESENTED BY ITS PRINCIPAL, KOTTIYAM,
            KERALA 691571.

                BY SHRI.SAJITH KUMAR V., SC, ALL INDIA COUNCIL
                FOR TECHNICAL EDUCATION - AICTE
                SRI.V.MANU, SENIOR GOVT. PLEADER


         THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   22.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.13412 of 2021
                                     3




                    W.P.(C) No.13412 of 2021
         ----------------------------------------------------------


                            JUDGMENT

Petitioners are students undertaking diploma

courses in some of the Polytechnic Colleges in the State. The

grievance voiced by the petitioners in the writ petition

concerns the decision of the respondents to conduct the

semester examinations of the courses undertaken by them in

offline mode. The case of the petitioners in the writ petition in

essence is that since the threat caused by the pandemic,

COVID-19 continues to be at an alarming level, examinations

ought not have been scheduled offline and instead, the

authorities should have considered the evaluation of the

semester examinations on the basis of the previously

conducted internal assessments by laying down guidelines or in

the alternative, conducted the examinations online.

2. A statement has been filed on behalf of the

third respondent, stating, among others that arrangements W.P.(C) No.13412 of 2021

have already been made for conducting the examinations in 97

polytechnic colleges in the State, adhering to COVID-19

protocols; that more than 60000 students have already been

registered for the examinations scheduled to commence from

07.07.2021, and that the writ petition instituted by a minuscule

number of students, that too, on the eve of the scheduled

examinations, cannot be entertained.

3. Heard the learned counsel for the petitioners

as also the learned Government Pleader.

4. As noted, the writ petition is filed belatedly on

05.07.2021 seeking reliefs in respect of the examinations

scheduled to commence from 07.07.2021. The petitioners do

not dispute the fact that the examinations are intended for

large number of students studying for diploma courses in 97

polytechnic colleges in the State, and more than 60000

students have registered for the same. As pointed out by the

respondents in the statement, the petitioners are only four

among the students for whose benefits examinations are being

conducted. Interference with the examinations at this stage, W.P.(C) No.13412 of 2021

according to me, would be detrimental to the interests of the

students undertaking the examinations. That apart, it is stated

by the respondents in the statement that special arrangements

have been made in the wake of the pandemic for the conduct

of the examinations. It is also stated that arrangements have

been made also for Covid positive candidates. Paragraphs 7

and 8 of the statement dealing with the special arrangements

made for the examinations read thus:

7.Special arrangements / academic concessions in wake of Covid 19 situation.

i. Diploma examinations are being conducted in 97 Centres Polytechnic Colleges) across the state. (Even for the benefit of those students stranded in Lakshwadeep, an additional centre has been provided at Kavaratti) ii. Students were allowed to choose any of the Polytechnic colleges as examination centre, so that a candidate can choose a Polytechnic College near his/ her place of residence /stay. This will result in avoiding of long distance travel for the exam. This is in relaxation to the normal requirement that the candidate has to appear at his/her institution of study. 8231 candidates have availed the benefit of Centre change to their nearby institution. iii. The question paper pattern for the examination has been restructured so that additional choices in questions are given to the candidates so that a student who studies 75% of portions can score 100% marks.

8.Special Arrangements for Covid 19 Positive Candidates.

W.P.(C) No.13412 of 2021

i. COVID-19 Positive candidates need not attend this session of examinations.

ii. They will be provided another opportunity to appear for the examinations.

iii. They shall submit an application for the same online supported with medical certificate, with recommendation by the Principal of the institution.

In the aforesaid circumstances, the writ petition is

dismissed, leaving open the contentions of the petitioners.

Sd/-

P.B.SURESH KUMAR, JUDGE.

ds W.P.(C) No.13412 of 2021

APPENDIX OF WP(C) 13412/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO PETITIONER NO.1 BY GOVERNMENT WOMEN'S POLYTECHNIC COLLEGE,KAYAMKULAM

Exhibit P2 A TRUE COPY OF THE IDENTITY CARD ISSUED TO PETITIONER NO.2 BY GOVERNMENT POLYTECHNIC COLLEGE,MANJERI

Exhibit P3 A TRUE COPY OF THE IDENTITY CARD ISSUED TO PETITIONER NO.3 BY GOVERNMENT POLYTECHNIC COLLEGE,PERUMBAVOOR

Exhibit P4 A TRUE COPY OF THE IDENTITY CARD ISSUED TO PETITIONER NO.4 BY GOVERNMENT POLYTECHNIC COLLEGE,KOTTIYAM

Exhibit P5 A TRUE COPY OF THE 2015 REVISION SCHEME TITLE "RULES AND REGULATIONS FOR THE CONDUCT OF DIPLOMA PROGRAMMES IN ENGINEERING/TECHNOLOGY/COMMERCIAL PRACTICE/MANAGEMENT IN THE POLYTECHNIC COLLEGES RECOGNIZED BY THE STATE BOARD OF TECHNICAL EDUCATION,KERALA STATE.

Exhibit P6 A TRUE COPY OF THE SUBJECTS OF STUDY AND SCHEME OF EVALUATION FOR THE DIPLOMA COURSE,COMPUTER ENGINEERING.

Exhibit P7 A TRUE COPY OF THE SUBJECTS OF STUDY AND SCHEME OF EVALUATION FOR THE DIPLOMA COURSE OF MECHANICAL ENGINEERING

Exhibit P8 AA TRUE COPY OF THE SUBJECTS OF STUDY AND SCHEME OF EVALUATION FOR THE DIPLOMA COURSE OF ELECTRONICS AND W.P.(C) No.13412 of 2021

COMMUNICATIONS

Exhibit P9 A TRUE COPY OF THE LETTER BEARING NO.AICTE/MS OFFICE/SPECIAL 02 ISSUED BY AICTE DATED 01.05.2020 ANNEXED WITH THE UGC GUIDELINES 2020

Exhibit P10 A TRUE COPY OF AN ARTICLE PUBLISHED IN THE WEBSITE OF WW.MY GOV.IN DATED 04.06.2020 TITLE 'ONLINE CLASSES IN ENGINEERING AND POLYTECHNIC COLLEGES'

Exhibit P11 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT)KNO.383/2021/DMD DATED 26.04.2021

Exhibit P12 A TRUE COPY OF THE GOVERNMENT ORDER G.O(RT)NO.391/2021/DMD DATED 30.04.2021

Exhibit P13 A TRUE COPY OF THE GOVERNMENT ORDER G.O(RT)NO.404/2021/DMD DATED 06.5.2021

Exhibit P14 A TRUE COPY OF THE PRESS RELEASE BEARING NO.01/1356/2021/CTE ISSUED BY THE OFFICE OF THE CONTROLLER OF TECHNICAL EXAMINATION,THIRUVANANTHAPURAM,DATED 21.06.2021

Exhibit P15 A TRUE COPY OF THE ERRATUM NOTIFICATION BEARING NO.14A/2021 ISSUED BY OFFICE OF CONTROLLER OF TECHNICAL EXAMINATIONS DATED 28.06.2021

Exhibit P16 A TRUE COPY OF THE TIME TABLE NOTIFICATION,ISSUED BY THE OFFICE OF THE CONTROLLER OF TECHNICAL EXAMINATION DATED 23.06.2021 W.P.(C) No.13412 of 2021

Exhibit P17 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER NO.2 TO THE CHIEF MINISTER OF 24.06.2021.

Exhibit P18 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER NO.1 TO THE MINISTER OF HIGHER EDUCATION,KERALA,R.BINDU DATED 26.06.2021

Exhibit P19 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER NO.3 TO THE MINISTER OF HIGHER EDUCATION,KERALA,R.BINDU DATED 01.07.2021.

Exhibit P20 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER NO.4 TO THE MINISTER OF HIGHER EDUCATION, KERALA,R.BINDU DATED 04.07.2021.

EXHIBIT P21 TRUE COPY OF THE PICTURES TAKEN BY THE STUDENTS FROM VARIOUS EXAMINATION CENTRES WHICH SHOWS CLOSE GATHERING AND ASSEMBLY OF THE STUDENTS.

EXHIBIT P22 TRUE COPY OF THE COVID POSITIVE TEST REPORT OF A STUDENT OF GOVERNMENT POLYTECHNIC COLLEGE, PALAKKAD, ISSUED BY PHC MUNDUR LABORATORY DATED 09.07.2021.

EXHIBIT P23 TRUE COPY OF THE COVID POSITIVE TEST REPORT OF A STUDENT OF CARMEL POLYTECHNIC COLLEGE, ALAPPUZHA, ISSUED BY SANKAR'S HEALTH CARE SCANS & DIAGNOSTICS DATED 10.07.2021

EXHIBIT P24 TRUE COPY OF THE COVID POSITIVE TEST REPORT OF A STUDENT OF GOVERNMENT POLYTECHNIC COLLEGE, MANJERI, W.P.(C) No.13412 of 2021

MALAPPURAM AND HER PRESCRIPTION ISSUED BY GOVERNMENT MEDICAL HOSPITAL, MANJERI DATED 08.07.2021.

RESPONDENT'S EXHIBITS

ANNEXURE R3(A) A TRUE PHOTOCOPY OF G.O.(RT) NO.467/2021/DMD DATED 15.06.2021

ANNEXURE R3(B) A TRUE PHOTOCOPY OF CIRCULAR - I NO.D1/1356/2021 ISSUED IN THIS REGARD FROM THE OFFICE OF THE CONTROLLER OF TECHNICAL EXAMINATIONS BY THE JOINT CONTROLLER OF TECHNICAL EXAMINATIONS.

ANNEXURE R3(C) PHOTOGRAPHS EVIDENCING CONDUCT OF SERIES POLYTECHNIC EXAMINATIONS STRICTLY ADHERING TO THE COVID 19 PROTOCOLS AND ANNEXURE R3(B) CIRCULAR.