Abin Itty Thomas vs Apj Abdul Kalam Technological ...
2022 Latest Caselaw 12555 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                       WP(C) NO. 35770 OF 2022
PETITIONER:

          ABIN ITTY THOMAS,
          AGED 24 YEARS
          S/O. THOMAS,
          VADAKEKARA HOUSE, PULICKALKAVALA P.O.,
          VAZHOOR, KOTTAYAM DISTRICT
          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER V.I.
          THOMAS, VADAKEKARA HOUSE, PULICKALKAVALA P.O.,
          VAZHOOR, KOTTAYAM DISTRICT, PIN - 686515
          BY ADVS.
          B.PRAMOD
          BIJU VIGNESWAR
          ASWATHI SURESH
          AYYAPPADAS V


RESPONDENTS:

    1     APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
          CET CAMPUS, ALATHARA ROAD, AMBADY NAGAR,
          THIRUVANANTHAPURAM, KERALA
          REPRESENTED BY ITS REGISTRAR., PIN - 695016
    2     THE REGISTRAR, APJ ABDUL KALAM TECHNOLOGICAL
          UNIVERSITY,
          CET CAMPUS, ALATHARA ROAD, AMBADY NAGAR,
          THIRUVANANTHAPURAM, KERALA, PIN - 695016
    3     THE CONTROLLER OF EXAMINATIONS,
          APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
          CET CAMPUS, ALATHARA ROAD, AMBADY NAGAR,
          THIRUVANANTHAPURAM, KERALA, PIN - 695016
          SRI.ELVIN PETER P.J. - SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35770 OF 2022                 2

                                 JUDGMENT

The petitioner impugns Ex.P9, through which, he has been

asked to write examinations again, asserting that the answer scripts

of his earlier chance were not properly valued.

2. Adverting to the afore arguments of the petitioner, as made

by his learned counsel - Sri.B.Pramod on 14.12.2022, when this

matter was earlier listed, I had passed the following interim order.

"Read order dated 17.11.2022.

Sri.Elvin Peter P.J - learned Standing Counsel for the University, submitted that the petitioner can be allowed to scrutinize the papers, however, solely for the purpose of finding out whether any marks have been omitted and the totaling is correct.

2. Sri.B.Pramod - learned counsel for the petitioner submitted that if this Court is inclined to pass an interim order, his client will accept the afore suggestion.

In the afore circumstances, I direct the petitioner to mark appearance before the Registrar of the University at 11.00 A.M on 22.12.2022, so as to enable him to go through the papers and verify its marking and the totaling therein."

3. Today, Sri.B.Pramod, however, conceded that his client did

not act in terms of the afore directions; and explained that it is

because he had an unavoidable situation to leave India. He,

therefore, submitted that his client is giving up the challenge to

Ext.P9 and that he will write the examinations in terms of the liberty

granted therein. He then made an additional request that the

examination mentioned in Ex.P9 may be directed to be conducted by

the University in the 'online mode'; since his client may not be able

to come to India in the next few months.

4. Sri.Elvin Peter P.J. - learned Sanding Counsel for the

University, submitted that there is no objection for his client in the

petitioner accepting the option given to him in Ext.P9, to write the

examination; but that his request for having it on 'online mode'

cannot be acceded to at this time. He submitted that if the petitioner

requires any such relief, he will have to approach the University in

terms of Ext.P9.

Taking note of the afore submissions, I close this writ petition,

recording that the petitioner has given up the challenge to Ext.P9;

thus giving him liberty to intimate the University regarding his

option to write the examination under the '2015 Scheme' and if he is

so interested, he may also request that it be done in the 'online

mode'; which will thereupon be considered by the University in

terms of law and intimated to him without any avoidable delay.

Sd/-DEVAN RAMACHANDRAN JUDGE lsn

APPENDIX OF WP(C) 35770/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REVISED RESULT OF THE PETITIONER AND OTHER STUDENTS PUBLISHED ON 15.10.2016 Exhibit P2 TRUE COPY OF THE SEMESTER GRADE CARD GENERATED ON 07.01.2018 SHOWING THE PETITIONER AS HAVING PASSED THE SAID EXAMINATION Exhibit P3 TRUE COPY OF THE SEMESTER GRADE CARD GENERATED ON 26.02.2018 Exhibit P4 TRUE COPY OF THE PRINT OUT OF ONE SUCH AN EMAIL DATED 20.11.2019 SENT TO THE UNIVERSITY Exhibit P5 TRUE COPY OF THE PRINT OUT OF THE EMAIL DATED 29.06.2021 SENT BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE PRINT OUT OF EMAIL RECEIVED FROM THE 3RD RESPONDENT Exhibit7 TRUE COPY OF THE STATEMENT SUBMITTED BY THE 1ST AND 2ND RESPONDENT IN W. P. (C). NO. 6962/2021 Exhibit P8 TRUE COPY OF THE JUDGMENT IN DATED 31.08.2022 IN W. P. (C). NO. 6962/2022 Exhibit9 TRUE COPY OF THE ORDER DATED 31.10.2022 OF THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE NOTIFICATION DATED 31.07.2020 ISSUED BY THE 1ST RESPONDENT UNIVERSITY PROVIDING FOR ONLINE MODE OF FINAL SEMESTER EXAMINATION OF B. TECH COURSE Exhibit P11 TRUE COPY OF THE CIRCULAR DATED 26.05.2021 AS REGARDS THE ONLINE MODE OF EXAMINATION FOR B. TECH (HONS) OF 7TH AND 8TH SEMESTER FOR 2017-18H ADMISSION BATCH COURSE RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE LSN