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2015 Supreme(Online)(KER) 43545
HIGH COURT OF KERALA
A.V.RAMAKRISHNA PILLAI, J
ANOOP KRISHNA A.S. – Appellant
Versus
THE MAHATMA GANDHI UNIVERSITY – Respondent
WP(C)/14242/2015
SRI.N.MANOJ KUMAR, SMT.JAYASREE MANOJ, SRI.VARUGHESE M.EASO
Students must be afforded timely resolution of internal enquiries to ensure their right to participate in examinations.
Headnote:
Examination - Student Rights - Writ Petition - Summary
Fact of the Case:
The petitioner challenged the denial of permission to appear for his B.Tech VIIIth Semester Examination, claiming he was disallowed despite being qualified and having paid the fees, alleging unjust treatment by the university.
Finding of the Court:
The court instructed the university to complete the ongoing enquiry proceedings against the petitioner within two months, providing oversight for fair treatment.
Issues: Whether the petitioner should be allowed to sit for the B.Tech VIIIth Semester Examination given the ongoing enquiry proceedings against him.
Ratio Decidendi: The court emphasized the need for timely resolution of the enquiry proceedings to ensure the petitioner's rights as a student are upheld.
Final Decision: Petition disposed, enquiry to be completed in two months.
JUDGMENT
The petitioner has approached this Court challenging the denial of permission to appear for B.Tech, VIIIth Semester Examination.
2. The petitioner is an VIIIth (Final) Semester B.Tech student in the Mount Zion College of Engineering, Kadamanitta, which is affiliated to the Mahatma Gandhi University. He is aggrieved by the refusal to accept his application and fee for the VIIIth Semester Examination scheduled to be held in May-June, 2015. He is also aggrieved by the denial of permission to appear for the supplementary examinations to be held in May-June, 2015 after accepting fees for the same.
3. The petitioner alleges that as per Ext.P1, he is prohibited from writing any more papers during the B.Tech Degree Examinations, November-December, 2014. After Ext.P1, there is no classes for the VIIIth (Final) Semester commenced in January, 2015 and completed on 23.4.2015. The petitioner further alleges that he has attended the classes of VIIIth Semester in the internal examinations. While so, the VIIIth Semester Examination was scheduled to be held in May and June, 2015. Even though the petitioner was fully qualified to appear for the examinations, his fees and application was not accepted. According to him, there is no justification for the respondents in not accepting the application and requisite fee in respect of the VIII Semester Examinations to be held in May-June, 2015. Hence, this writ petition.
4. Heard, the learned counsel for the petitioner and the learned standing counsel for the respondent university.
5. Today when the matter came up for hearing, the learned counsel for the petitioner submitted that the enquiry proceedings initiated against the petitioner is still continuing and, therefore, the learned counsel sought for a direction to the respondents to complete the enquiry proceedings within a time limit.
Therefore, the writ petition is disposed of directing the respondents to complete the enquiry proceedings against the petitioner within a period of two months from the date of receipt of a copy of this judgment.
To facilitate early action, it shall be open to the petitioner to produce a copy of this judgment as well as copy of the writ petitioner before the respondent concerned at the earliest.
