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2022 Supreme(Online)(KER) 44554

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SONAL LOUIS – Appellant
Versus
MAHATMA GANDHI UNIVERSITY – Respondent
WP(C)/16935/2018



Advocates:
SRI.C.HARIKUMAR, SRI.RENJITH RAJAPPAN, SRI.P.S.SIDHARTHAN, SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY, BABY ISSAC ILLICKAL, ISAAC KURUVILLA ILLIKAL

Interim orders in education-related writ petitions are essential in upholding students' rights to sit for examinations while legal issues are addressed.

Headnote:

Examination - Writ Petitions - Act Section List - The court discussed the provision of allowing petitioners to appear for examinations through interim orders, highlighting the necessity of provisional admissions in educational contexts. The decisions benefitted the petitioners by ensuring access to their examinations.

Fact of the Case:

Multiple writ petitions were filed by petitioners seeking permission to appear for examinations, which were provisionally granted by the court during the admission stage.

Finding of the Court:

The court found that the interim orders previously issued had been effective, leading to the conclusion that there was no further issue to address, rendering the petitions resolved.

Issues: Whether the petitioners could be allowed to appear in their examinations based on the interim arrangement set by the court.

Ratio Decidendi: The court underscored the validity of interim orders in ensuring students' rights to education, reinforcing that such provisions can be made absolute once worked out satisfactorily.

Final Decision: The writ petitions are closed as the interim orders are made absolute.

JUDGMENT

These writ petitions are filed seeking directions to the respondents to permit the petitioners to appear for the examinations and for incidental reliefs.

2. When the matters came up for admission, this Court directed the respondents to permit the petitioners to appear for the Examination provisionally.

3. The said order has worked itself out and nothing further survives.

In that view of the matter, the interim order dated 29.05.2018 in W.P.(C.) No. 16935/2018, the interim order dated 06.10.2017 in W.P.(C.) No. 31750/2017, the interim order dated 25.10.2017 in W.P.(C.) No. 33757/2017 and interim order dated 19.07.2017 in W.P.(C.) No. 24001, is made absolute and these writ petitions are closed.

Sd/- RAJA VIJAYARAGHAVAN V JUDGE avs APPENDIX OF WP(C) 16935/2018 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 28/4/2017 OF THE 3RD RESPONDENT ISSUED TO THE PETITIONERS EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 20/7/2017 PASSED BY THE ASSISTANT REGISTRAR, MAHATMA GANDHI UNIVERSITY EXHIBIT P3 TRUE COPY OF THE ORDER DATED 1/8/2017 IN WPC

25402/2017 OF THIS HON'BLE COURT EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 19/7/2017 IN WPC NO.24001/2017 OF THIS HON'BLE COURT EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 25/10/2017 IN WPC

33757/2017 OF THIS HON'BLE COURT EXHIBIT P6 THE TRUE COPY OF THE NOTIFICATION DATED 16/5/2018 NOTIFYING THE 5TH SEMESTER EXAMINTION ISSUED BY THE

2ND RESPONDENT EXHIBIT P7 THE TRUE COPY OF THE NOTIFICATION DATED 16/5/2018 NOTIFYING THE 6TH SEMESTER EXAMINATION ISSUED BY THE

2ND RESPONDENT EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION DATED 21/5/2018 PREFERRED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT APPENDIX OF WP(C) 31750/2017 PETITIONER EXHIBITS EXHIBITP1 THE TRUE COPY OF THE ORDER DATED 28-04-2017 OF THE

3RD RESPONDENT ISSUED TO THE PETITIONERS EXHIBIT P2 THE TRUE COPY OF HE JUDGMENT DATED 29-05-2017 IN WPC NO.17801 OF 2017 O THIS HON'BLE COURT EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 20-07-2017 PASSED BY THE ASSISTATN REGISTRAR, MAHATAMA GANDHI UNIVERSITY EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 01-08-2017 IN WPC NO.;25402 OF 2017 OF THIS HON'BLE COURT EXHIBIT P5 THE TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION DATED 30-08-2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 THE TRUE COPY O THE NOTIFICATION DATED 23-09-2017 APPENDIX OF WP(C) 33757/2017 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 28-04-2017.

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED 29-05-2017 IN WP(C)NO.17801 OF 2017 OF THIS HON'BLE COURT.

EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 20-7-2017 PASSED BY THE ASSISTANT REGISTRAR, MAHATMA GANDHI UNIVERSITY.

EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 1-08-2017 IN WP(C)NO.25402 OF 2017 OF THIS HON'BLE COURT.

EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 19-7-2017 IN WP(C)NO.24001 OF 2017 OF THIS HON'BLE COURT.

EXHIBIT P6 THE TRUE COPY OF THE NOTIFICATION DATED 13-10-2017 ISSUED BY THE 2ND RESPONDENT.

APPENDIX OF WP(C) 24001/2017 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER DTD 28/4/2017 OF THE 3RD RESPONDENT ISSUED TO THE PETITIONERS EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DTD 29/5/2017 IN WPC NO

17801 OF 2017 OF THIS HON'BLE COURT.

EXHIBIT P3 THE TRUE COPY OF THE NOTIFICATION DTD 6/7/2017 ISSUED BY THE 2ND RESPONDENT.

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