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2009 Supreme(Online)(KER) 23725
HIGH COURT OF KERALA
S.R. Bannurmath, CJ, A.K.BASHEER, J
THE KANNUR UNIVERSITY – Appellant
Versus
FR.ANTONY PURAYIDOM & OTHERS – Respondent
WA 2542 2009
SRI.M.SASINDRAN, SRI.GEORGE MECHERIL, SMT.K. MEERA, SRI.MURALI PURUSHOTHAMAN
Court can allow provisional examination attendance to prevent student hardship, without establishing rights.
Headnote:
Interim Order - Examination Permit - None
Fact of the Case:
Students approached the court after being denied permission to take an examination due to pending government consideration of new courses recommended by their university.
Finding of the Court:
The court upheld the interim order allowing students to take the examination provisionally, recognizing the urgent need while clarifying that this permission does not confer any rights.
Issues: Whether the university's challenge against the interim order allowing students to appear for the examination should be upheld.
Ratio Decidendi: Interim orders can be granted in exceptional circumstances to avoid hardship, but such orders do not create permanent rights.
Final Decision: Writ Appeals are dismissed.
JUDGMENT
S.R.Bannurmath, C.J.
Aggrieved by the interim order granted by the learned Single Judge, the Kannur University has approached this Court in the present appeal.
2. Though the University itself had recommended to start four and two new courses respectively in case of two institutions before the Court by the petitioners, while pending consideration by the Government, the students were declined permission to take the examination and as such they approached this Court in the impugned writ petitions with a prayer to accept the examination fees for the examination commencing on 18.11.2009 and permit them to take examination.
3. Considering the various aspects including the plight of the students and close date fixed for examination, the learned Single Judge by way of interim order permitted the students to appear for the examination purely on provisional basis which would be subject to the further orders to be passed in the Writ Petition.
4. In the interregnum period it is reported that, students have been permitted to attend the examination and as such at this stage the challenge of the University need not be gone into. It is made clear that, as observed by the learned Single Judge, merely because the Court has permitted the students to take the examination, that will not create any equity or right in them which is subject to the further orders to be passed in the Writ Petition. Further we make it clear that the interim order has been passed in the peculiar facts and circumstances of the case and should not be treated as a precedent.
With the above observation, the Writ Appeals are dismissed.
S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vku.
