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2020 Supreme(Online)(KER) 11085
HIGH COURT OF KERALA
Devan Ramachandran, J
BUJAIR SADIKH C. – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES – Respondent
WP(C)/25650/2020
SMT.DAISY A.PHILIPOSE, SRI.JAI GEORGE, SRI. P.SREEKUMAR
Universities have an obligation to ensure students' rights are protected during health crises by providing safe examination conditions.
Headnote:
COVID-19 - Examination Rights - University Regulations - The judgment emphasizes the right of students affected by COVID-19 to take examinations under safe conditions, highlighting compliance with health protocols.
Fact of the Case:
The petitioner seeks permission for his wife, a COVID-19 patient, to take her Final Year Part I BDS exams in a secluded space due to health concerns.
Finding of the Court:
The court found that the University had already issued guidelines ensuring that students with COVID-19 would be accommodated appropriately during examinations.
Issues: Whether the University was required to provide a secluded space for a student afflicted with COVID-19 during examinations.
Ratio Decidendi: The court ruled that institutions must comply with health protocols to accommodate students' needs during extraordinary situations like a pandemic.
Final Decision: Writ petition allowed; the petitioner's wife shall be permitted to write her exams in a secluded room as per COVID-19 protocols.
JUDGMENT
Dated this the 20th day of November 2020 The petitioner, who represents his wife Smt.Nasla.P.
(Reg.No.160020481), submits that he has been constrained to approach this Court on her behalf since she is unfortunately afflicted with COVID-19. He says that he is only projecting his wife's apprehension that she will not be allowed to write the examinations for the Final Year Part I BDS by the first respondent University for this reason and thus prays that she be granted such an opportunity to do so in a secluded room.
2. In answer to the afore submissions, the learned Standing Counsel for the University submitted that a general order has been issued by the University to allow all COVID-19 patients to write the examinations commencing on 23.11.2020 and to provide all necessary requirements as per the Health Advisories and the Standard Operating Procedure issued by the Government and the Health and District Authorities, which also includes the requirement to provide secluded spaces for such students. The learned Standing Counsel then added that instructions have been given with respect to the manner in which the question papers are to be distributed and the answer sheets to be collected back, following the necessary COVID-19 protocols. He says that, therefore, the petitioner cannot have any cause for grievance and that his wife will be allowed to write the examinations, commencing on 23.11.2020 in such manner.
3. Even though I have not issued notice to the third respondent, because the examinations are to commence on 23.11.2020, I deem it appropriate that this writ petition be ordered recording the afore submissions of the learned Standing Counsel for the University and directing the third respondent to ensure that all the afore instructions and norms are implicitly complied with. In the afore circumstances, I order this writ petition, recording the afore submissions of the learned Standing Counsel for the University; with a consequential direction to the third respondent to ensure that the petitioner's wife is allowed to write the examinations in an isolated room, as per the COVID-19 protocols and requirements and implicitly following the guidelines and the norms issued by the University.
Devan Ramachandran, Judge tkv APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION DATED
19/11/2020 SUBMITTED BY THE PETITIONER'S WIFE THROUGH E-MAIL TO THE 1ST RESPONDENT EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED
19/11/2020 SUBMITTED BY THE PETITIONER'S WIFE THROUGH E-MAIL TO THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
19/11/2020 SUBMITTED BY THE PETITIONER'S WIFE THROUGH E-MAIL TO THE 1ST RESPONDENT
