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2009 Supreme(Online)(KER) 38658
HIGH COURT OF KERALA
V.GIRI, J
RASHMA RAJ – Appellant
Versus
THE REGISTRAR' – Respondent
WP(C)/18506/2009
SRI.R.SANTHOSH BABU SRI.K.K.GOPALAKRISHNAN NAIR (178/74) SRI.T.A.SHAJI - SC FOR MG UNIVERSITY
Students must be afforded fair opportunities to clear examinations; permission to attend classes does not confer an automatic right to succeed.
Headnote:
Examinations - Petitioners' Rights - Act Section List - The court reinforced the necessity for students to have a fair opportunity to clear supplementary examinations, emphasizing that allowing continuation in studies does not imply automatic success or equity if they fail.
Fact of the Case:
The petitioners, B.Sc Nursing students, registered for the 1st year examination but attended the 2nd year classes before receiving their results. They failed more than two subjects and were not given an opportunity to take supplementary exams.
Finding of the Court:
The court determined that the petitioners should be allowed to continue in their classes while awaiting supplementary examinations. It noted that this allowance would not guarantee equity if they failed those exams.
Issues: Whether the petitioners should be allowed to continue attending second year classes despite not passing their first year subjects.
Ratio Decidendi: The court held that fair chances must be provided for students to clear their examinations, reflecting on the responsibilities of educational institutions toward their students.
Final Decision: Writ petition disposed of, permitting petitioners to continue their studies.
JUDGMENT
The petitioners are B.Sc Nursing Students.
After they have registered for the 1st year Examination, they were permitted to attend the 2nd year Examination. But the results of the 1st year examination was published only in June, 2009. By the time, they had already commenced second year classes. They have failed in more than two subjects in the first year examination.
2. Normally, where the course is conducted on an yearly basis, the candidates should get at least one chance to successfully clear the papers in the supplementary examinations. That has not been afforded to the petitioners in this case.
3. Therefore, it is only appropriate that the petitioners are permitted to continue to attend the classes, till the supplementary examinations are conducted and the results thereof are published. It is made clear that if the petitioners fail to clear the papers, in the supplementary examinations, the fact that they are now permitted to prosecute their studies in the second year will not bring about any equity in their favour. The petitioners submit that they have been kept away from 26.6.2009.
4. Learned counsel for the University submits that the petitioners shall be permitted to attend the second year classes and the shortage of attendance from 26.6.2009 till today, shall be dealt with on the premise that their absence was not due to their fault.
The submission is recorded and the writ petition is disposed of with the above observations.
