Jeny Augustian vs The Vice Chancellor
2021 Latest Caselaw 13104 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                         WP(C) NO. 2114 OF 2021
PETITIONERS:

     1       JENY AUGUSTIAN
             AGED 22 YEARS
             D/O.AUGUSTIAN.P.A., R/O.PUTHENPARAMBIL, VADAKARA P.O.,
             THALAYOLAPARAMBU, KOTTAYAM-686 652.

     2       SRUTHY GEORGE,
             AGED 23 YEARS
             D/O.GEORGE.C.T., R/O.VALIYAVEETTIL HOUSE, PERUMPILLY
             P.O., MULANTHURUTHY, ERNAKULAM-682 314.

             BY ADV P.A.AUGUSTIAN



RESPONDENTS:

     1       THE VICE CHANCELLOR
             MAHATMA GANDHI UNIVERSITY, ADMINISTRATIVE BLOCK,
             PRIYADARSHINI HILLS POST, UNIVERSITY CAMPUS ROAD,
             ATHIRAMPUZHA, KOTTAYAM-686 560.

     2       HEAD OF THE DEPARTMENT,
             SCHOOL OF INDIAN LEGAL THOUGHT, SORRYAKALADY HILLS,
             S.H.MOUNT P.O., KOTTAYAM-686 006.

             BY ADV SHRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2114 OF 2021
                                      2

                               JUDGMENT

Dated this the 23rd day of June, 2021

This writ petition is filed seeking directions to the

respondents to complete the 5th year integrated BBA LLB (Hons)

course in the 2nd respondent's college in a time bound manner.

2. In view of the provisions of Section 12(3) of the

Mahatma Gandhi University Act, 1985, the University shall be

represented in this judgment by the Registrar of the University

and not by the Vice Chancellor as arrayed in the writ petition.

3. The petitioners are students of the 2016 - 2021 batch of

the BBA LLB course in the 2 nd respondent. It is submitted that the

examinations have been delayed unduly in the 2 nd respondent's

college and the course is lagging behind even in comparison to

other affiliated colleges under the 1 st respondent University. It is

submitted that the delay caused in the conduct and completion of

the course is on account of the lethargic attitude adopted by the

2nd respondent and that the examinations are to be conducted at WP(C) NO. 2114 OF 2021

least as par with the same batch in the affiliated colleges under

the 1st respondent University.

4. Detailed statements showing the academic calender

prepared in respect of the affiliated colleges as well as the 2 nd

respondent have been placed on record by the University. It is

contended by the Sri.Surin Geroge Iype, the learned Standing

Counsel appearing for the University, that the examinations from

the 7th semester onwards of 2016-2021 batch both in the

affiliated colleges as well as in the 2 nd respondent have been

delayed due to the pandemic and that the examinations of the 7 th

semester have already been conducted. It is submitted that the

8th semester examinations of the 2016-2021 batch are scheduled

to be conducted this month. It is submitted that in respect of the

9th and 10th semester examinations, the examinations will be

conducted along with the examinations scheduled for the

affiliated colleges under the 1st respondent University and no

separate examination calender for the 2nd respondent will be

resorted to.

WP(C) NO. 2114 OF 2021

5. The learned counsel for the petitioners submits that

further delay may be avoided so that the petitioners, who are the

students of the 2nd respondent, will not be put to any further

prejudice.

6. Having heard the learned counsel on either side, this

writ petition is disposed of with directions that the examinations

for the further semesters of 2016-2021 batch of 5 year integrated

BBA LLB course of the 2nd respondent will be conducted and

completed along with the corresponding batch in the affiliated

colleges under the 1st respondent University. The results shall also

be published without undue delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/08.04.2021 WP(C) NO. 2114 OF 2021

APPENDIX OF WP(C) 2114/2021

PETITIONERS ANNEXURE

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 22.11.2018 BY THE RESPONDENT NO.

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 27.01.2020 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 12.02.2020 SUBMITTED BEFORE THE 2ND RESPONDENT.

RESPONDENTS ANNEXURE

EXHIBIT AI             A TRUE COPY OF NOTIFICATION

NO.9194/EA1/3/2019/EA1 DATED 30.01.2021

EXHIBIT AII A TRUE COPY OF THE RELEVANT PAGES OF THE EXAMINATION CALENDER OF THE YEAR 2016

EXHIBIT AIII A TRUE COPY OF THE RELEVANT PAGES OF THE EXAMINATION CALENDER OF THE YEAR 2017

EXHIBIT AIV A TRUE COPY OF THE RELEVANT PAGES OF THE EXAMINATION CALENDER OF THE YEAR 2018

EXHIBIT AV A TRUE COPY OF THE RELEVANT PAGES OF THE EXAMINATION CALENDER OF THE YEAR 2019

EXHIBIT AVI A TRUE COPY OF THE RELEVANT PAGES OF THE EXAMINATION CALENDER OF THE YEAR 2020

EXHIBIT AVII A TRUE COPY OF THE RELEVANT PAGES OF THE EXAMINATION CALENDER OF THE YEAR 2021