Kerala High Court
Gokul Gopi vs Mahatma Gandhi University on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
WEDNESDAY, THE 6 DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 15621 OF 2021
PETITIONERS:
1 GOKUL GOPI, AGED 24 YEARS, S/O. GOPI,
MATTATHIL HOUSE, NEYYASSERY P.O., CHEENKALLU,
THODUPUZHA, IDUKKI-685581.
2 MADHU A.M., AGED 48 YEARS,S/O. EDAKKUDIYIL HOUSE,
VAZHAKULAM P.O., KAVANA, ERNAKULAM-686670.
BY ADVS.
SHYAM KUMAR M.P
SARATHKUMAR.T.S
JISMEMOL JAMES
DAISY IRENE DANIEL
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS
REGISTRAR, ATHIRAMPUZHA P.O., KOTTAYAM-686562.
2 THE CONTROLLER OF EXAMINATIONS,
MAHATHMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O.,
KOTTAYAM-686562.
SRI SURIN GEORGE IYPE SC MG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15621 OF 2021
2
JUDGMENT
(Dated this the 6th day of October, 2021)
The petitioners, two in number, are the students of 2 nd
year B.A.History and B.A.Sociology open courses, under
the open course program conducted by Mahatma Gandhi
university, R1, respectively. Respondents conducted I and
II semester examinations (both private and regular).
petitioners had already taken the examinations of I and II
Semester examinations (private), but their apprehension is
that the 3rd semester examination would not be conducted
under the control of the University. Respondent University
issued a time table for conducting III semester
examinations for the regular students only, as per the time
table dated 20.7.21 (Ext.P3). Petitioners approached
respondents for conducting examinations of private
students as well, but there was no response. It is in this
background, the petitioners approached this court for an
order under Article 226 of the Constitution of India.
2. In response to the query/notice, a statement on
WP(C) NO. 15621 OF 2021
behalf of the University has been filed, wherein in
paragraph Nos.2 and 3, it has been stated as follows:
"It is submitted that the 3rd Semester UG
Examination of private candidates were to start along with
the examination of Regular candidates, but the could not
be conducted due to certain technical problems. It is
submitted that 6th Semester (CBCS -2018 Admission -
Private registration) Examinations of 2018 batch had been
scheduled on 28.4.2021 along with Regular candidates.
Owing to the reason of Covid - 19 lockdown the
examinations scheduled to commence on 28.4.2021 was
rescheduled and commenced on 28.6.2021. The result of
5th and 6th Semester 2018 batch was published on
29.9.2021.
Similarly, it has been planned to schedule IV semester
(CBCS - 2019 Admission - Private Registration
Examinations along with 4th Semester (CBCS - 2019
Admission Regular) candidates. It is further submitted
that the 3rd Semester (CBCS - 2019 Admission Regular -
Private Registration Examination will be conducted on
continuation to the IV Semester (CBCS - 2019 Admission
- Private Registration) Examination so as to complete the
examination together and continue the same method for
further semesters. The remaining examinations of 2019
batch would be scheduled in a specific time frame
manner, taking note of the urgency in the matter."
3. From the aforesaid, it is evident that the
examinations have been conducted only for the regular
students. The petitioners are from 2019 Batch. As per the
WP(C) NO. 15621 OF 2021
undertaking given by the respondent University, they are
contemplating to conduct III semester examinations of both
Regular and Private students, after the examinations of IV
Semester of both Regular and Private and thereafter, the
remaining examinations would continue for further
semesters. In other words, the remaining examinations of
the 2019 Batch would be scheduled in a specific time
framed manner, taking note of the urgency of the matter.
4. Learned counsel for the petitioners admits the
aforementioned proposal, but submits that there should be
a reasonable gap between the examinations of III and IV
Semester examinations, so that the students can prepare for
the next semester and are not overburdened in taking the
series of the examinations.
5. Considering the stand taken by the respondents,
I dispose of the Writ Petition by directing the respondents
to fix a time gap between the examination of III and IV
Semester examinations for private students of 2019 batch.
It is further noticed that as far as 2018 batch, the university
had already scheduled examination on 28.4.2021, which
WP(C) NO. 15621 OF 2021
was postponed to 28.6.2021 and the results of V and VI
Semester 2018 batch was published on 29.9.2021. It
appears that the university is back into stream in
conducting the examinations as they were before the Covid
19 pandemic.
6. In case the University proposes to change the
schedule for the examination, the same shall be done only
after obtaining prior permission from this court.
Writ Petition is disposed of with the above directions.
Sd/-
AMIT RAWAL, JUDGE.
dl/
WP(C) NO. 15621 OF 2021
APPENDIX OF WP(C) 15621/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE
APPLICATION SUBMITTED BY THE
1ST PETITIONER BEFORE THE 1ST
RESPONDENT DATED 20.12.2019.
Exhibit P2 THE TRUE COPY OF THE
APPLICATION SUBMITTED BY THE
2ND PETITIONER BEFORE THE 1ST
RESPONDENT DATED 17.12.2019.
Exhibit P3 THE TRUE COPY OF THE RELEVANT
PAGE OF THE TIME TABLE ISSUED
BY THE RESPONDENTS DATED
20.7.2021.
