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2020 Supreme(Online)(KER) 8165
HIGH COURT OF KERALA
P.V.ASHA, J
SUHENA MOIDEEN – Appellant
Versus
RAJAGIRI COLLEGE OF MANAGEMENT AND APPLIED SCIENCES – Respondent
WP(C)/8703/2020
SRI.K.M.FAISAL (KALAMASSERY), SMT.STIYA SIVAN, SRI.MATHEW KURIAKOSE, SRI.K.C.BIJU, SRI.ASOK M. CHERIAN, SRI.P.M.MANOJ
Students adversely affected by COVID-19 restrictions are entitled to special consideration for examination access to ensure fairness and justice.
Headnote:
Examination - Writ Petition - No specific act referenced - The court highlighted the need for special consideration to facilitate equitable access to examinations for students affected by COVID-19 restrictions, emphasizing the injustice of denying examination access due to no fault of the students.
Fact of the Case:
The petitioner, a B.Com student, was denied permission to appear in her English exam due to her recent travel abroad amidst COVID-19 concerns, despite following college instructions by reporting her travel.
Finding of the Court:
The court found the denial of examination rights to the petitioner unjust, noting that she was unable to appear through no fault of her own and highlighted the unprecedented situation caused by COVID-19.
Issues: Whether the petitioner was wrongfully denied the opportunity to appear for her examination due to circumstances beyond her control related to COVID-19.
Ratio Decidendi: The court concluded that students affected by COVID-19-related restrictions should be granted special allowances to sit for examinations, aiming to mitigate potential career impacts.
Final Decision: The petition is disposed of directing the university to consider the petitioner's request for a special examination opportunity.
JUDGMENT
The petitioner, who is a student of 2nd year B.Com Degree course in the 1st respondent College, is aggrieved by the action of respondents 1 and 2 in denying her permission to appear in the English examination, held by the MG University on 17.03.2020. It is stated that on the basis of an interim order passed by this Court on 19.03.2020, she was able to appear in all other examinations.
2. The petitioner submits that she had gone to Dubai for a family get-together on 05.03.2020 and had returned on 08.03.2020. It is stated that the 1st respondent College had on 17.03.2020 announced that the students, who travelled abroad have to report the matter before the authorities under the respondents 1 and 2. It is stated that the examination in English was scheduled to be held on 17.03.2020. On the basis of the instructions received from the College, she had reported the matter and two hours before starting of the examination on 17.03.2020, she was informed that she cannot be permitted to appear in the examination, since she had gone abroad and in view of the spread of Novel Corona Virus (COVID-19) epidemic. Therefore petitioner was unable to appear in the examination. She filed this writ petition the next day and an interim order was passed on 19.03.2020, based on which she could appear in all the other examinations.
3. The petitioner points out that eversince her schooldays, she had been faring well in all academic examinations and since, she was unable to appear in the English examination, she will have to appear in a supplementary examination irrespective of the reason behind the same and it will adversely affect her chances for higher studies and also her career. The petitioner points out that the action of the College authorities was in violation of Ext.P5 order of the Government and there was no impediment before the respondents 1 and 2 in permitting the petitioner to appear in the examination after taking the necessary precautionary measures.
4. The learned Standing Counsel for the University submits that the examinations are conducted as scheduled and there cannot be a re-
examination.
5. The learned Counsel for the petitioner points out that petitioner has submitted a representation before the Controller of Examinations requesting to give her an opportunity to appear in the examination by conducting a separate examination, in view of special circumstances.
6. The learned counsel for the respondents 1 and 2 also submits that the respondents have also addressed the University requesting to give an opportunity to the students, who were unable to write the examinations in similar circumstances, in lieu of the examination held on 17.03.2020. It is pointed out that there are certain other students also, who could not appear in the examination as they were in quarantine.
7. Having considered the contentions advanced by the petitioner, it is seen that petitioner was disabled from appearing in the examination in English on 17.03.2020, for no-fault on her part. The unprecedented action from the part of the respondents 1 and 2, which happened to be on apprehensions relating to the unprecedented spread of COVID-19, has resulted in injustice to the petitioner.
8. In the above circumstances of the case, I am of the view that a special consideration is necessary in this case and the request to conduct a special examination for the students, who could not appear in the examination in similar circumstances on account of quarantine or matters relating to the spread of COVID-19, is to be considered with all lenience to protect the interest and career of such students.
9. The learned counsel for the petitioner submits that a representation dated 15.06.2020 has already submitted before the Controller of Examinations.
Accordingly, this writ petition is disposed of directing the 3rd respondent to consider the same and to take a decision, if necessary after placing it before the competent authority, as expeditiously as possible, at any rate within a p
