Back
2021 Supreme(Online)(KER) 10777
HIGH COURT OF KERALA
AMITHA.S, – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C)/3319/2021
ADV. SRI.ASOK M.CHERIAN
Students have the right to appeal for syllabus revisions and timely examination schedules to prevent discrimination in academic evaluations.
Headnote:
Education - Examination Procedures - Act Section List - The court addressed the university's obligation to consider syllabus revisions and examination scheduling, emphasizing the need for fair treatment and the opportunity for students to address their concerns.
Fact of the Case:
The petitioners sought a writ for an extension to take their exams and a revision of their syllabus, claiming it was unreasonable compared to other programs.
Issues: Whether the university's syllabus and exam schedule were discriminatory or unreasonable, and if the petitioners should be given an opportunity to be heard.
Ratio Decidendi: The court highlighted the importance of ensuring fair academic processes and the right of students to have their grievances addressed by the academic body.
Final Decision: The writ petition was disposed of with directions to the Academic Council to make a decision on the syllabus revision.
JUDGMENT
Dated this the 24th day of February 2021 This writ petition is filed seeking the following prayers :-
“i) To call for the records relating to Exhibits P1 & P2 and to issue a Writ of Mandamus or any other appropriate Writ Direction or order directing and commanding the respondents to take necessary steps to grant time at least up to the month of March 2021 to write the 3rd semester examinations of MA Economics under the aided colleges of Mahathma Gandhi University.
ii) To issue a Writ of Mandamus or any other appropriate Writ Direction or order directing and commanding the 3rd and 4th respondents to reduce/revise the vast and impossible target syllabus/modules for 3rd and 4th semester exams compared to the syllabus prescribed by autonomous colleges under the same university and syllabus prescribed to the just seniors of the petitioners, so as to avoid clear case of discrimination.
iii) To issue a Writ of Mandamus or any other appropriate Writ Direction or order declaring the respondents 3 & 4 to take up Exhibit P1 & P2 consider the same after affording an opportunity to the petitioners of being heard so as to reduce or revise the syllabus by keeping abeyance the publication of 3rd semester MA Economics exam time take till such consideration.”
2. Heard the learned counsel for the petitioners and the learned standing counsel appearing for the University.
3. It is submitted by the learned counsel for the petitioners that the prayers sought for by the petitioners at prayer No.(i) has already been granted by the University and that the said prayer has, therefore, become infructuous. With regard to the prayer for revision of syllabus, it is submitted that Ext.P2 application has been submitted by the petitioners and that the same is liable to be considered by the appropriate authority of the University.
4. The learned standing counsel for the respondents submits that Ext.P2 application has been placed before the Academic Counsel of the University and the Academic Counsel is due to meet on 06.03.2021 and that a decision will be taken on the request made by the petitioners on that day.
Recording the submission of the learned standing counsel and directing the Academic Counsel to take an appropriate decision on Ext.P2 application made by the petitioners at its next meeting on
06.03.2021, this writ petition is disposed of.
Sd/-
ANU SIVARAMAN JUDGE
EXHIBIT P1 TRUE COPY OF THE ONLINE COMPLAINT DATED
13.01.2020 FILED BEFORE THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REGISTERED MASS COMPLAINT DATED 25.01.2020 FILED BEFORE THE 4TH RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL
