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2026 Supreme(Online)(Ker) 5566

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SURESH.K.R – Appellant
Versus
UNIVERSITY OF CALICUT – Respondent
WP(C) NO. 13682 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.LINDONS C.DAVIS, SMT.E.U.DHANYA, SMT.N.S.SHAMILA, SMT.CHINJU P. JOYIES
For the Respondents: ADV.DHEERAJ A.S., ADV.P.C. SASIDHARAN

Moderation for students cannot be claimed as a right; however, representations for review must be addressed.

Headnote:The petitioners, being part-time B.Tech students at the University of Calicut, alleged discrimination in moderation rights compared to regular students, claiming entitlement under the norms established on 02.04.2013. The court confirmed that moderation cannot be claimed as a right and directed the second respondent to consider the representation made by the petitioners expeditiously. The final order stated that the representation must be disposed of within two months.

Table of Content
1. eligibility for moderation (Para 1 , 2)
2. court's directive on representation (Para 4)

JUDGMENT

Petitioners are part time B.Tech students of the University of Calicut. They claimed that they are eligible for moderation as per the norms dated 02.04.2013. Petitioners allege discrimination between the regular batch of B.Tech students and part time B.Tech students, stating that latter are being denied moderation. A representation has been filed as Ext.P4 before the 2nd respondent which according to the petitioners has not been disposed of yet. The limited relief now sought for by the petitioners is for a direction to dispose of the said representation.

2. A counter affidavit has been filed, controverting the contentions of the petitioners. It has been stated that the grant of moderation cannot be claimed as a right and that the claim of entitlement for moderation is without any basis. It was also stated that there was no recommendation or relaxation to grant moderation to the petitioners and further that they were given ample chances to appear for regular, supplementary and special examinations conducted for the students.

3. I have considered the submissions.

4. The limited relief now sought for by the petitioners is for a direction to dispose of Ext.P4. Though the Registrar of the University has filed a counter affidavit specifically stating that moderation is not a matter of right, since a representation has been submitted by the petitioners before the 2nd respondent, I am of the view that the same can be directed to be disposed of.

Accordingly, there will be a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P4 representation as expeditiously as possible, at any rate, within an outer period of two months from the date of receipt of a copy of the judgment. It is clarified that I have not considered the merits of the claim of the petitioners.

With the above observations, this writ petition is disposed of.

Sd/-

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