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2021 Supreme(Online)(KER) 26039
HIGH COURT OF KERALA
AMIT RAWAL, J
GOKUL GOPI – Appellant
Versus
MAHATMA GANDHI UNIVERSITY, – Respondent
WP(C)/15621/2021
SHYAM KUMAR M.P, SARATHKUMAR.T.S, JISMEMOL JAMES, DAISY IRENE DANIEL, SRI SURIN GEORGE IYPE SC MG
Students' rights to fair examination schedules entail a reasonable gap between semesters to ensure adequate preparation.
Headnote:
Examination - Educational Rights - Article 226 - The court affirmed the right of private students to examination schedules, mandating a reasonable gap between semesters to ensure preparedness.
Fact of the Case:
Petitioners, private students, sought the court's intervention for scheduling their 3rd semester exams, as the university planned to assess only regular students, raising concerns over fairness and preparedness.
Finding of the Court:
The court acknowledged the university's intention to conduct exams for both regular and private students but directed that a reasonable gap be maintained between the 3rd and 4th semester exams.
Issues: Whether the university is obliged to conduct examinations for private students alongside regular students and if adequate preparation time should be provided.
Ratio Decidendi: The court emphasized the necessity of a fair examination process for all students, highlighting the importance of adequate preparation time.
Final Decision: The writ petition was disposed of directing the university to schedule exams with a reasonable gap for private students.
JUDGMENT
(Dated this the 6th day of October, 2021)
The petitioners, two in number, are the students of 2nd 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 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 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 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 a
