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2019 Supreme(Online)(KER) 10396
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
MIBIN ABRAHAM – Appellant
Versus
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY – Respondent
WRIT PETITION (CIVIL) 41855/2018
A court's interim order permitting a student to complete examinations cannot be disregarded when deciding subsequent eligibility and results.
Headnote:
Petition - Education - W.P.(C) Section List - The court directed the university to declare results for a petitioner who, due to medical issues, was allowed to appear for examinations despite lacking attendance, emphasizing the peculiar circumstances and completed course.
Fact of the Case:
The petitioner, a B.Tech student, lacked sufficient attendance for the 3rd semester due to medical reasons and was initially barred from examinations. However, she was allowed to sit for her examinations through an interim court order and completed her degree.
Issues: Whether it was proper to deny the petitioner her results and require her re-admission into the 3rd semester despite her completion of the degree under unusual circumstances.
Ratio Decidendi: The court reasoned that the interim order allowing the petitioner to sit for exams must be upheld, as requiring re-admission would cause undue hardship after she successfully completed her course and all subsequent semesters.
Final Decision: The court directed the university to publish the examination results for the petitioner.
JUDGMENT
The petitioner, a B.Tech student did not have sufficient attendance for 3rd semester. This was due to medical reasons. She was not allowed to write exam. Petitioner approached this Court with W.P. (C).No.40008/2015. She was permitted to write the examination by way of an interim order. Thereafter, she appeared for 4th and all subsequent semester examinations. She completed the course. She passed all other subsequent semester examinations. She had sufficient attendance for all subsequent semesters. However, on account of the fact that she did not complete 3rd semester, results of 3rd and 4th semesters were withheld.
2. She would not have been entitled to write 4th semester examination without clearing 3rd semester and she has to be re-admitted for 3rd semester as she did not have sufficient attendance. However, the peculiar facts of this case would show that she was allowed by the interim order of this Court to appear for the 3rd semester as well as all subsequent examinations. She completed the B.Tech Course. If this court rejected her claim, she will have to redo 3rd semester and all other semesters again. In view of the fact that she has completed the B.Tech course, it may not be proper for this Court to reject her claim. Further, it is to be noted that the affiliation of the college with M.G.University has been now transferred to Kerala Technical University. It would be practically difficult for the University also to conduct examination for the petitioner alone and once the petitioner is ordered to be re-admitted to the 3rd semester class, she will have to undergo studies with the new syllabus under KTU. Though, the learned counsel for the M.G.University resisted, taking note of the facts and circumstances, I am of the view that, treating this case not to be cited as a precedent, the M.G.University is directed to declare the results of the 3rd and 4th semester examinations and publish the results of the petitioner. These directions are issued taking note of the peculiar facts and circumstances of the case, as the petitioner has completed the B.Tech course as also taking note of similar directions issued by this Court in W.P.(C).No.35621/2015. Needful shall be done by the University at the earliest to publish the results.
The writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
APPENDIX OF WP(C) 4248/2016 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED BY THE 1ST RESPONDENT COLLEGE.
EXHIBIT P2 TRUE COPY OF THE ORDER DTD.29.12.2015 IN WPC NO.40008/2015 PASSED BY THIS HON'BLE COURT.
EXHIBIT P3 TRUE COPY OF THE LETTER DTD.28.1.2016 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.
RESPONDENTS' EXHIBITS: NIL \\TRUE COPY//
PA TO JUDGE PV APPENDIX OF WP(C) 40008/2015 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER BEARING NO. 1122/14 ISSUED BY THE IST RESPONDENT COLLEGE FOR THE ACADEMIC YEAR 2014-15 BATCH.
EXHIBIT P2 TRUE COPY OF THE DETAILED RADIOLOGY REPORT AND IMAGES DATED 17/07/2015 ISSUED BY THE TRICARE DIAGNOSIS, REGARDIUNG THE CYST DEVELOPED IN THE PETITIONER'S OVARIES EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 28/10/2015 ISSUED BY THE DOCTOR OF CHERIAN MEMORIAL ST. LUKES HOSPITAL ANGADICAL ACKNOLEDGING THAT PETITIONER WAS UNDER HIS TREATMENT SINCE
01/09/2015.
EXHIBIT P4 TRUE COPY OF THE FEES RECEIPT BEARING NO. 8504 DATED 17/07/2015 ISSUED BY THE IST RESPONDENT COLLEGE EXHIBIT P5 TRUE COPY OF THE E-MAIL DATED NIL ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT UNIVERSITY.
APPENDIX OF WP(C)
40008/2015 TRUE COPY OF THE NEWSPAPER EXTRACT OF EXHIBIT P6 THE NEW INDIAN EXPRESS DATED 12/03/2015 REGARDING THE AFFILIATION OF THE EXISTING COLLEGES OFFERING ENGINEERING UNDERGRADUATE AND POST GRADUATE COURSES IN ENGINEERING TO KERALA TECHNOLOGICAL UNIVERSITY (KTU)
RESPONDENTS' EXHIBITS: NIL \\TRUE COPY//
PA TO JUDGE PV APPENDIX OF WP(C) 41855/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE EXTRACTS OF THE MEDICAL CERTIFICATES OF THE PETIT
