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2012 Supreme(Online)(KER) 8987
HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
MUHAMMED SHAFI – Appellant
Versus
CALICUT UNIVERSITY – Respondent
WRIT PETITION (CIVIL) 24161/2012
Educational institutions must ensure students' access to examinations, complying with fairness principles and prior court directives.
Headnote:
Examination - Education - Kerala University Act - Sections related to student examination eligibility - The court applied the principle of educational fairness and previously established judgments to allow petitioners to attend their examination and outlined procedural requirements for fee payment and application submission.
Fact of the Case:
The petitioners, Law students, sought permission to appear for their 10th semester examination after previously appearing under a court judgment. They raised concerns about potential scheme changes affecting their opportunity to sit for the exam.
Finding of the Court:
The court acknowledged a previous judgment allowing similar petitioners to appear for their examinations and determined that the current petitioners should receive the same benefit, allowing them to remit fees within a given timeframe.
Issues: Whether the petitioners should be allowed to appear for the 10th semester examination despite the last date for fee remission being over, based on existing precedents.
Ratio Decidendi: The court relied on the equitable principle of educational access and upheld previous judicial decisions that favor student rights in academic assessments.
Final Decision: The petitioners are permitted to appear for the examination upon remitting fees within five days.
J U D G M E N T
The petitioners are students of Bachelor of Law Degree in the five year stream, in the Government Law College, Thrissur. They want to appear for the 10th semester examination to be conducted pursuant to the notification published by the University.
2. The petitioners are relying upon the judgment of this Court in W.P.(C) No.19263/2012, produced as Ext.P1. The petitioners 5 to 8 have already appeared for the examination pursuant to Ext.P1 judgment. The said petitioners now want to appear for the 10th semester examination to be conducted on
09.11.2012 since the results have not been published.
3. Learned counsel for the petitioners submits that there is a chance of the scheme being changed and therefore, unless the petitioners are allowed to appear for the ensuing examination, they will be put to hardship.
W.P.(C) No.24161/2012 2
4. Heard the learned Standing Counsel for the University also. In Ext.P1 judgment, this Court has already directed the University to allow the petitioners therein to appear for the examination. The petitioners herein are also therefore entitled for the benefit of the same. Accordingly, this writ petition is disposed of with the following directions:
Since the last date for remission of fees is over, the University will permit the petitioners to remit the fees and the petitioners will remit the same within a period of five days from today. They will be issued Hall Tickets also. The petitioners will file applications for regularising the same before the Vice Chancellor who will pass appropriate orders.
T.R. RAMACHANDRAN NAIR JUDGE smp
