Kerala High Court
Sreereshmi K.B vs State Of Kerala on 1 February, 2022
WP(C) No.3205/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Tuesday, the 1st day of February 2022 / 12th Magha, 1943
WP(C) NO. 3205 OF 2022 (A)
PETITIONERS:
1. SREERESHMI K.B., AGED 20 YEARS, D/O. BIJU K.C., COURSE- B.SC.
PHYSICS, STUDYING IN PROVIDENCE WOMEN'S COLLEGE, MALAPARAMBA,
RESIDING AT SAROJAM HOUSE, 12TH MILE, NANMINDA, NANMINDA P.O.,
KOZHIKODE.6736713
2. SANDRA DAS K., AGED 19 YEARS, D/O. RAMDAS KUNNOTH, COURSE-B.SC.
MATHS, STUDYING IN PROVIDENCE WOMEN'S COLLEGE, RESIDING AT KUNNOTH
(H), CHERUPPA P.O., MAVOOR, KOZHIKODE.
3. GAYATHRI ASHOK, 15.3.1996, D/O. M.ASOKAN NAMBIAR, COURSE- L.L.M.,
STUDYING IN GOVT. LAW COLLEGE, KOZHIKODE, RESIDING AT KIZHAKKE
THATTARAKKAL, PARAMBIL KADAV, PARAMBIL, KURUVATTUR, KOZHIKODE,
PARAMBIL, KERALA, 673012.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER
EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. CALICUT UNIVERSITY, REPRESENTED BY VICE CHANCELLOR, TIRUR-CALICUT
RD., THENHIPALAM, KERALA-673635.
3. REGISTRAR, CALICUT UNIVERSITY, TIRUR-CALICUT RD., THENHIPALAM,
KERALA-673635.
4. EXAMINATION CONTROLLER, CALICUT UNIVERSITY, TIRUR-CALICUT RD.,
THENHIPALAM, KERALA-673635.
5. DISASTER MANAGEMENT DEPARTMENT, REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001.
6. KERALA STATE DISASTER MANAGEMENT AUTHORITY, REPRESENTED BY ITS
MEMBER SECRETARY, VIKAS BHAVAN, NANTHANCODE,
THIRUVANANTHAPURAM-695033.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd, 3rd and 4th respondents to postpone the conduct
of examination pursuant to Ext.P1 and P2 notification, during the pendency
of writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.SREEDEVI KYLASANATH, ACHUTH KYLAS, JOSELAL GEORGE, R.MAHESH MENON &
DEAGO JOHN K., Advocates for the petitioners and of SRI.P.C.SASIDHARAN,
Standing Counsel for R2 to R4 and of SMT.SURYA BENOY, Government Pleader
for R1, R5 & R6, the court passed the following:
WP(C) No.3205/2022 2/5
RAJA VIJAYARAGHAVAN V, J.
---------------------------------
W.P.(C) No.3205 of 2022
----------------------------------
Dated this the 1st day of February, 2022
ORDER
Sri. P.C.Sasidharan, the learned Standing Counsel for the Calicut
University takes notice for respondents 2 to 4. Smt.Surya Benoy, the learned
Government Pleader takes notice for respondents 1, 5 and 6.
2. Three students pursuing various courses in colleges affiliated to
the Calicut University are before this Court seeking directions to quash the
notifications issued by the University scheduling the exams. According to the
learned counsel, the Test Positivity Rate in the State of Kerala is about 45%
and the State Government has included some of the Districts in the "C"
category. According to the learned counsel, if exams are held as scheduled, it
may result in serious health consequences and the students, the teachers and
the staff would be affected by the Virus. The learned counsel points out that
many of the Universities have postponed the exams and there is no reason
why the respondent University is particular that the students and staff should
risk their health and take part in the exam. It is further submitted that the
representatives of the students as well as the teachers have submitted
representations seeking postponement of the exams. However, the
WP(C) No.3205/2022 3/5
University, without appreciating the seriousness of the situation, have not
taken any measures to consider the representation or to postpone the exams.
3. Sri. P.C.Sasidharan,the learned Standing Counsel submitted that
all measures have been taken to ensure that the exams are held strictly in
terms of the COVID protocol. It is contended that postponement of the exams
may adversely affect the students who are appearing for the regular as well
as supplementary examinations. The learned counsel points out that only
three students have approached this Court seeking postponement of the
exams. He would also point out that a substantial percentage of the students
are against the postponement as it may lead to lagging of courses. It is
submitted that if the exams are postponed, it would unsettle the whole
schedule which would have a cascading effect and would delay the
completion of the course not just for the petitioners, but for other students as
well. The learned counsel would also refer to the judgment of a Division
Bench of this Court in W.A.No.1148/2021, wherein, the Division Bench had
interfered with the order passed by the learned Single Judge postponing the
exams.
Having considered the submissions advanced by both sides, I am of
the view that the petitioners have not made out a case for issuance of an
interim order. The respondents are directed to ensure that all measures are
WP(C) No.3205/2022 4/5
taken to safeguard the interest of the students, teachers and staff. Directions
shall be issued to strictly adhere to the protocols by limiting the number of
students in the exam halls and by following the directives issued by the
Government.
Post after ten days.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
avs
01-02-2022 /True Copy/ Assistant Registrar
WP(C) No.3205/2022 5/5
APPENDIX OF WP(C) 3205/2022
Exhibit P1 A TRUE COPY OF THE REVISED TIME TABLE FOR FIFTH
SEMESTER B.SC./B.SC. IN ALTERNATE PATTERN/BCA REGULAR
EXAMINATION FOR NOVEMBER 2021 PUBLISHED VIDE
NOTIFICATION NO.172198/EG-I-ASST-3/2021/PB DATED
24.1.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2 A TRUE COPY OF THE TIME TABLE FOR 2ND SEMESTER LLM AND
SUPPLEMENTARY EXAMINATION PUBLISHED VIDE NOTIFICATION
NO.13315/EG-I-ASST-3/2019/PB DATED 19.1.2022 ISSUED BY
THE 4TH RESPONDENT.
