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2018 Supreme(Online)(KER) 10627
HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
PINGU FRANCIS – Appellant
Versus
SCMS SCHOOL OF ENGINEERING TECHNOLOGY Advocate -SRI MILLU DANDAPANI – Respondent
WRIT PETITION (CIVIL) 9366/2017
Students facing examination failures are entitled to supplementary exams, and regulatory frameworks must facilitate timely results publication.
Headnote:
Education - Writ Petition - Article 226 - Notifications and Examinations - The summary of the acts and sections discussed revolve around the rights of students under the relevant educational regulations, particularly concerning supplementary examinations and the timely publication of results, as clarified by previous judgments.
Fact of the Case:
The petitioner, an M.Tech student, challenged the university's failure to publish the result of her fourth-semester examination due to her earlier failures in the first and second semesters. The petitioner sought to appear for the supplementary examination and have her results published before the next semester.
Finding of the Court:
The court found in favor of the petitioner, referencing a precedent where leniency was afforded to students who completed their course within the allowed time, despite earlier setbacks in examinations.
Issues: Whether the university could withhold the result of a student's examination due to past failures and whether the student had the right to supplementary examinations.
Ratio Decidendi: The court concluded that regulations did not bar students from taking supplementary exams after completing the course, thus allowing the publication of results.
Final Decision: The university was directed to publish the result of the fourth-semester supplementary examination at the earliest.
JUDGMENT
The petitioner who completed M.Tech degree in Electronics and Communication from the fourth respondent college, which is affiliated to the first respondent university, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P4 notification dated 03.03.2017 issued by the third respondent Controller of Examinations and issue a writ of mandamus commanding respondents 1 to 3 to conduct supplementary examination for the first semester and publish the result of the same before the supplementary examinations for the fourth semester is conducted. The petitioner has sought for writ of mandamus commanding respondents 1 to 3 to permit her to appear for the supplementary examination of the fourth semester in Master's Thesis and Master's Comprehensive Viva for 2014-16 batch of M.Tech degree course.
2. Heard the learned counsel for the petitioner, learned Standing Counsel for respondents 1 to 3 and also the learned counsel for the fourth respondent.
3. On 20.03.2017 when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel for the first respondent university took notice for respondents 1 to 3. Urgent notice by speed post was ordered to the fourth respondent. This Court has also passed an order to the effect that if the petitioner prefers an application for writing the fourth semester supplementary examination of the M.Tech degree course undertaken by her, she shall be permitted to write the said examination.
4. The above interim order of this Court was under challenge before the Division Bench in Writ Appeal No. 734 of 2017 filed by respondents 1 to 3 herein. The said writ appeal ended in dismissal with an observation that if the petitioner passes the examination, the result of the above will be subject to the result of the writ petition. 5. Today, when this writ petition is taken up for consideration, it is submitted by the learned counsel for the petitioner and also the learned Standing Counsel for the first respondent university that the issue is covered in favour of the petitioner by the judgment of a Division Bench of this Court dated 20.12.2016 in Writ Appeal No. 2432 of 2016. Paragraphs 1 and 2 of the said judgment reads thus:
“1.
The records reveal that the appellants are M.Tech degree students. Out of four semesters, they had completed IIIrd and IVth Semesters. However, in the Ist and IInd Semester examinations, they failed. The University did not conduct the supplementary examination of IInd Semester for a long period. The University got up from slumber and announced the first supplementary examination of IInd Semester after announcement of IVth Semester examination. By that time, the appellants had already appeared for IVth Semester examination. They were waiting for results. However, they were not allowed to appear for viva voce after completion of IVth semester, on the ground that they have not completed the Ist and IInd Semester examinations. In that context, the appellants have approached this Court in W.P.(C) No.27013 of 2014, which came to be disposed of on 16.10.2014 permitting them to appear for the examination subject to the condition that they should pass Ist and IInd Semesters in first supplementary examination itself. Thereafter, the first supplementary examination of Ist and IInd Semesters were announced. Hence, the writ petitioners/appellants appeared for both IVth Semester examination as well as first supplementary examination of Ist and IInd Semesters. In the first supplementary examination also the appellants failed. Thus, they applied for second supplementary examination of Ist and IInd Semesters, which were held immediately thereafter. They got through in the second supplementary examination. Thus, as of now, they have completed the entire course by completing all the four semesters. However, their result of IVth Semester is not announced only on the ground that they have failed to compl
