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2012 Supreme(Online)(KER) 45999
HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
SUMESH K R – Appellant
Versus
THE CONTROLLER OF EXAMINATION – Respondent
WRIT PETITION (CIVIL) 2178/2012
The court emphasized the balance between adherence to attendance rules and the right to participate in examinations, allowing provisional participation pending further review.
Headnote:
Examinations - Writ Petition - Act Section List - The court evaluated the legal principles surrounding the administration of educational examinations, emphasizing the need for adherence to attendance regulations while balancing the petitioner's right to examination based on provisional allowances.
Fact of the Case:
The petitioner, having studied for a B.Tech. Degree in Electrical & Electronic Engineering, sought permission to appear for the 7th and 8th-semester examinations despite admitted attendance shortages, leading to the filing of two writ petitions.
Finding of the Court:
The court found merit in allowing the petitioner to provisionally take the examinations while the Controller of Examinations was directed to make an appropriate decision regarding attendance issues after hearing from both parties.
Issues: Whether the petitioner should be permitted to take the examinations despite the attendance shortage and the conditions under which this might be allowed.
Ratio Decidendi: The court held that provisional allowances could be made for the examinations, subject to future determinations by the Controller of Examinations, ensuring fairness and adherence to academic regulations.
Final Decision: The writ petition is disposed of with directions for provisional examination participation.
JUDGMENT
Both these writ petitions are filed by the same petitioner. The petitioner had undergone the course in B.Tech. Degree in Electrical & Electronic Engineering, for the period 2008-2012 in the second respondent's institute of technology.
2. In W.P.(C) No.2178/2012 the main prayer is to direct the respondents to permit the petitioner to appear for the 7th semester examination for B.Tech (EEE) commencing on 20.1.2012. by issuing the hall ticket. In W.P.(C) No.12045/2012 the main prayer is for a direction to the respondents to permit the petitioner to appear for the 8th semester examination for B.Tech (EEE) commencing on 25.5.2012.
3. In both the writ petitions interim orders have been passed by this Court permitting the petitioner to provisionally appear for the said examinations and thereafter the petitioner appeared for both the examinations and the results have not been published so far. Learned counsel for the petitioner points out that the next supplementary examination is to start by the end of September, 2012.
W.P.(C).Nos.2178 &
12045/2012
4. Heard both sides. Essentially, the matter is one concerned with the shortage of attendance. According to the learned Counsel appearing for the College, the shortage of attendance was there in four semesters and condonation is permissible only for two semesters. Learned counsel for the petitioner disputes the same.
5. It is submitted by the learned counsel that the petitioner has appeared for the third semester examination and the result has been published. It is requested by the learned counsel for the petitioner that the Controller of Examinations may be directed to conduct a verification after hearing both sides. It is also prayed that in the meanwhile, the petitioner may be permitted to appear for the supplementary examinations when the same are scheduled.
6. The learned counsel for the University submitted that an appropriate decision will be taken. The permissions granted by this Court already by the interim orders in the two writ petitions enabled the petitioner to appear for the examinations provisionally. Therefore, the petitioner will be allowed to appear for the supplementary examinations also provisionally. The same will be subject to the orders to be passed by the Controller of W.P.(C).Nos.2178 &
12045/2012 Examinations. The petitioner as well as the second respondent will be duly heard in the matter and the Controller of Examinations will take an appropriate decision after notice to both parties, within a period of two months from the date of receipt of a copy of this judgment. The publication of results of the examinations undertaken by the petitioner will depend upon the orders to be passed by the Controller of Examinations.
The writ petition is disposed of as above. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE)
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