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2020 Supreme(Online)(KER) 10354
HIGH COURT OF KERALA
S.V. BHATTI, J
MUHAMMAD FAIZAL KHAN A. – Appellant
Versus
UNIVERSITY OF KERALA – Respondent
WP(C)/7120/2020
SRI.V.PHILIP MATHEW, SRI.GIBI.C.GEORGE, SRI. THOMAS ABRAHAM, SC
Students have the right to be fairly considered for examinations despite attendance issues due to factors beyond their control.
Headnote:
Examination - Students' Rights - Writ of Mandamus - Summary of relevant acts and sections highlights students' rights to fair examination processes and the court's discretion in reviewing academic decisions.
Fact of the Case:
The petitioners, BSW students, sought intervention for permission to appear in exams, citing inability to attend classes due to uncontrollable circumstances which led to a shortfall in attendance.
Finding of the Court:
The court determined that the second respondent should evaluate the representations made by the students regarding attendance and the upcoming syllabus change.
Issues: Whether the petitioners should be allowed to appear for their examinations despite attendance shortfalls.
Ratio Decidendi: The court emphasized the importance of fair consideration of students' circumstances in academic decisions, especially with impending syllabus changes.
Final Decision: The court directed the second respondent to review the representations and allow the petitioners to write the examination.
JUDGMENT
Dated this the 10th day of March 2020 Heard Adv. Sri. V. Philip Mathews for petitioners and Sri. Thomas Abraham for the respondent University.
2. Petitioners are students of the fourth semester BSW in National College, Manacaud, Thiruvananthapuram. Petitioners pray for the following reliefs:-
“i) Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents to permit the petitioners to appear for the fourth semester BSW examinations commencing on 13.03.2020 and to issue hall tickets to the petitioners.
ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the second respondent to take appropriate action on Ext.P3 and P4 within a time limit to be specified by this Hon'ble Court.
iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the fourth respondent to take appropriate action on Exts. P5 and P6 within a time limit to be specified by this Hon'ble Court.
iv) Mould and grand such other reliefs this Hon'ble Court deems just and necessary and that may be prayed for by the petitioners while hearing the W.P.”
3. Petitioners for the same reliefs have filed representations in Exts. P3 and P4 respectively before the Vice Chancellor/second respondent. Adv. Sri. V. Philip Mathews, for the petitioner submits that the petitioners have not abstained from classes for avoidable reasons, but due to factors beyond their control they could not attend the classes and there is some short fall of attendance. It is further stated the syllabus for the semester is likely to be changed and repetition of the semester will result in injustice and hardship etc. to petitioners. Therefore petitioners want reasonable consideration of Exts.P3 and P4 by the second respondent.
4. The submissions are noted and this Court is of the view that the second respondent by keeping in view all the circumstances, including the impending change of syllabus, looks into the representation in Exts. P3 and P4 and forthwith takes a decision in this behalf and communicates to petitioners. The decision finally is taken to permit petitioners to write the examination, consequently further steps may also be taken in this behalf.
Handover copy of the judgment forthwith to learned Standing Counsel.
Sd/-
S.V.BHATTI JUDGE DCS APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF IDENTITY CARD OF THE FIRST PETITIONER.
EXHIBIT P2 COPY OF IDENTITY CARD OF THE SECOND PETITIONER.
EXHIBIT P3 COPY OF REPRESENTATION DATED NIL SUBMITTED BY THE FIRST PETITIONER BEFORE THE SECOND RESPONDENT.
EXHIBIT P4 COPY OF REPRESENTATION DATED NIL SUBMITTED BY THE SECOND PETITIONER BEFORE THE SECOND RESPONDENT.
EXHIBIT P5 COPY OF REPRESENTATION DATED NIL SUBMITTED BY THE FIRST PETITIONER BEFORE THE STUDENTS GRIEVANCE CELL.
EXHIBIT P6 COPY OF REPRESENTATION DATED NIL SUBMITTED BY THE SECOND PETITIONER BEFORE THE STUDENTS GRIEVANCE CELL.
