IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 28^TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 CON.CASE(C) NO. 2111 OF 2021 AGAINST THE ORDER/JUDGMENT IN WP(C) 17798/2021 OF HIGH COURT OF KERALA PETITIONER/PETITIONER NO.1:

ABHIJITH J.S. AGED 25 YEARS S/O A JOHN KUMAR TRINITY, KODANGAVILA P O, THIRUVANANTHAPURAM, KERALA-691523.

BY ADVS.

V.T.MADHAVANUNNI V.A.SATHEESH RESPONDENT/RESPONDENT:

SATHEESH E.K.

AGED ABOUT 52 YEARS FATHER’S NAME NOT KNOWN TO THE PETITIONER, REGISTRAR, UNIVERSITY OF CALICUT, THENHIPALAM, CALICUT UNIVERSITY POST, MALAPPURAM-673 635.

BY ADV SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner has approached this Court alleging non-compliance of the direction dated 02.09.2021 in W.P.(C).No.17798/2021 whereby being the student of two years LLM course, had sought a direction to the respondent for holding of the examination of first and second semesters. Direction was issued to the Vice-Chancellor to take up the representation either by himself or by his nominee in this regard within a period of 45 days. In response to the notice of the contempt, respondents have stated in the reply at paragraphs 5, 6 and 7 that the first semester LLM regular supplementary examination of November, 2020 was scheduled from 05.01.2022 and the time table was issued on 10.12.2021 R1(a). Notification dated 06.09.2021 R1(b) was issued for online registration of second semester LLM regular/supplementary examination of 2021 for candidates of law colleges which was made available on 17.09.2021 to 01.10.2021. Regarding second, third and fourth semester LLM examination of 2019 admissions candidates of the law college will be conducted very soon. UGC has issued a guidelines in July, 2021 whereby terminal semester/final year examination of 2020-2021 shall be conducted in offline (pen & paper)/online/blended (online/offline) mode by not later than 31.08.2021. Standing Committee of the syndicate of the examination held on 09.11.2021 considered the matter of implementation of UGC guidelines. Government had issued directions to commence the university examination from 15.06.2021 and publish the result of all outgoing batches by

31.07.2021.

2. Paragraphs 5, 6 and 7 in the reply affidavit is reads as under:

“5. The Standing Committee of the Syndicate on Examinations held on 09.11.2021 (Approved by WC on 14.12.2021), vide item No.2021/12/36, considered the matter of Implementation of UGC Guidelines - July 2021 regarding the conduct of examinations in view of the prevailing situation due to Covid - 19 Pandemic and resolved to place the matter in the Academic Council.

6.The First Semester LLM Regular / Supplementary Examination November 2020 for the candidates of Law Colleges is scheduled to be held from 5th January 2022 onwards and the time table for the same has been issued on 10.12.2021 vide notification number 13315/EG-I-ASST- 3/2019/PB dtd 10.12.2021. The notification dated 16.09.2021 issued for the online registration of Second Semester LLM Regular / Supplementary Examination March 2021 for the candidates of Law Colleges has been made available from 17.09.2021 to 01.10.2021. The Second, Third and Fourth semester LLM examinations of the 2019 admission candidates of the Law Colleges will be conducted soon. True copy of the notification dated 10.12.2021 and notification dated 16.09.2021 are produced herewith and marked as Annexure R1(a) and R1(b).

7. UGC has now issued Guidelines July 2021 on Examinations and Academic Calendar for the Universities in view of the prevailing situation due to Covid-19 Pandemic. As per the Guidelines, the provisions as contained in the guidelines issued earlier as mentioned above shall apply for the current academic session 2020-21. Further, the Terminal Semester/ Final Year Examinations (2020-2021) be compulsorily conducted in offline (pen