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2020 Supreme(Online)(KER) 15638
HIGH COURT OF KERALA
C.S. DIAS, J
ALEEDA P.S. – Appellant
Versus
THE KERALA UNIVERSITY OF HEALTH SCIENCES – Respondent
WP(C)/14757/2020
SRI.P.M.SANEER, SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES
The judgment underscores the duty of educational authorities to ensure timely decisions on applications affecting students' examination rights.
Headnote:
Examination - Writ Petitions - WP(C) No.34233/2019, WP(C) No.3876/2020, WP(C) No.14757/2020 - Court directed prompt action on pending representations regarding publication of results and examination permissions, emphasizing compliance with prior orders for students' rights.
Fact of the Case:
The petitioner, a college principal, filed writ petitions seeking publication of examination results and permission for students to take exams despite the college lacking formal Letter of Permission (LOP). The court had previously issued interim orders allowing students to write exams under certain conditions.
Issues: The main issue was whether the University could withhold examination results and prevent students from taking exams due to the absence of a formal LOP from the relevant authority.
Ratio Decidendi: The court highlighted the importance of ensuring students' access to examinations and results, reinforcing that administrative delays in processing representations should not impede students' rights.
Final Decision: The court mandated the concerned authority to consider the pending representation and resolve it within three months.
COMMON JUDGMENT
WP(C) No.34233/2019 is filed to direct the respondents 1 and 2 to publish the withheld results of the 1st BHMS Degree R/S Examination (2015 Scheme) conducted by the University as per Ext P3 notification. The petitioner has also sought for a direction to the respondents 3 and 4 to issue necessary formal Letter of Permission (LOP for short) to the petitioner College for the academic year 2018-2019.
2. WP(C) No.3876/2020 is filed for a direction to the respondents 1 and 2 to permit the students in the petitioner's College admitted in the year 2018-2019, to register and appear for the 1st BHMS Degree Examination (2015 Scheme) to be conducted by the University from 5.3.2020 onwards.
3. WP(C) No.14757/2020 is filed seeking a direction to the respondents 1 and 2 to publish the results of the 1st BHMS Degree R/S supplementary Examination (2015 Scheme) conducted by the University from March, 2020 as per Ext P10.
4. As the facts and points to be decided in these writ petitions are substantially similar in nature and the reliefs to be granted are almost identical and that the respondents are almost the same, these writ petitions were jointly heard and are being disposed of by this common judgment. WP(C) 34233 of 2019 is treated as the leading case.
5. The Principal of Sree Vidhyadhiraja Homeopathic Medical College, Nemom is the petitioner in WP(C) Nos 34233/2019 and 3876/2020.
6. It is the case of the petitioner in WP(C)
34233/2019 that the College started functioning in the year 1965. It became an aided College in the year 2003. The Homeopathic Central Council has issued regulation in the year 2013, which was implemented pan India. But, in the academic year 2018-2019, the assessors of the third respondent found certain deficiencies in the College. Against the action of the third respondent, the petitioner filed WP(C) 29190/2018. This Court by Ext P1 interim order dated 11.9.2018 permitted the petitioner to effect admissions for the academic year 2018-2019. On the basis of Ext P1 order, the College admitted students in the academic year 2018-2019, and the students are pursuing their studies. The said writ petition was disposed of by this Court by Ext P2 judgment dated 27.6.2019. By Ext P2, this Court has regularized/approved the students admitted by the College and they are continuing their studies. The University has also granted renewal of affiliation.
7. In the meantime, the first respondent University has issued Ext P3 notification for the 1st BHMS Degree R/S Examinations. The University had collected fees and registration charges from the petitioner. On the basis of Ext P4, the students were permitted to appear and write the examinations. However, the University by Ext P5 communication directed the petitioner to produce clarification regarding the status of LOP from the third respondent. Immediately, the petitioner submitted Ext P6 representation dated 12.11.2019 to the third respondent, seeking permission for permanent registration of the students and issuance of LOP. It is understood that the third respondent is processing the representation given by the petitioner, for issuance of formal LOP/clarification. But, the University has withheld the publication of the results of the students pursuing studies in the petitioner's College. The reason stated by the University for withholding the results of the students is that the petitioner has not produced a formal LOP from the third respondent. In the said circumstances, the petitioner seeks for a direction to the respondents 1 and 2 to publish the withheld results of the first BHMS Degree R/S Examination and to direct the respondents 3 and 4 to issue necessary formal LOP.
8. This Court by its interim order dated
17.12.2019, directed the University to publish the results of the students on condition that the petitioner executes an undertaking before the University that the students are covered by Ext P2 judgment.
9. In WP(C) 3876/2020, the Principal of the College has approached t
