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2014 Supreme(Online)(KER) 29283
HIGH COURT OF KERALA
K.SURENDRA MOHAN, J
KRISHNA T RAJ – Appellant
Versus
MAHATMA GANDHI UNIVERSITY – Respondent
WRIT PETITION (CIVIL) 22977/2014
Students must be treated fairly in examination eligibility decisions, especially when similar cases have been granted exceptions.
Headnote:
Examinations - Education - Act Section List - The court directed authorities to consider representations from students regarding examination eligibility, reinforcing fair treatment in educational assessments.
Fact of the Case:
Petitioners, M.Tech students, failed certain subjects and were barred from Project and Viva Voce Examinations. They sought permission citing unfair treatment compared to other students and pending results from supplementary exams.
Finding of the Court:
The court emphasized the need for a timely decision on the students' representations and allowed provisional participation in examinations until orders were issued.
Issues: Whether the petitioners should be permitted to appear for examinations despite failing certain subjects and pending representations for reconsideration.
Ratio Decidendi: The court ruled that the second respondent must evaluate representations expeditiously, ensuring that students receive fair treatment in examination eligibility.
Final Decision: Students are allowed provisional participation in summative examinations pending reconsideration of their representations.
JUDGMENT
The petitioners are students of M.Tech, Post Graduate Degree course under the Mahatma Gandhi University. They have failed in certain subjects of their first and second semester examinations. For the said reason, they are not being permitted to appear for the fourth semester Project and Viva Voce Examinations. They have submitted Exts.P7 and P8 representations to the second respondent. No orders have been passed thereon till date. It is contended that, similarly placed students have already been granted permission to appear for the Project and Viva Voce Examinations. They rely on Ext.P9 judgment of this Court in W.P.(C) No.6349 of 2014 to support their contentions. They have appeared for the supplementary examinations. But the results of the said examinations have not been published.
In view of the above, following Ext.P9 judgment, the second respondent is directed to consider Exts.P7 and P8 representations and to pass final orders thereon, as expeditiously as possible and at any rate within a period of six weeks of the date of receipt of a copy of this judgment. Pending final orders on Exts.P7 and P8, the petitioners shall be permitted to provisionally appear for the Viva Voce Examinations, subject to the decision that the second respondent may take on Exts.P7 and P8.
