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2013 Supreme(Online)(KER) 39289
HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
AMAL BABU – Appellant
Versus
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY Advocate - SRI P M A KALAM,SC,COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, SRI P M A KALAMSCCOCHIN UNIVERSITY OF SCIENCE AND TECHNOLO,SRI MILLU DANDAPANI, SC, COCHIN UNIVERSITY – Respondent
WRIT PETITION (CIVIL) 26710/2012
Educational authorities must fairly consider student circumstances in attendance issues, balancing rights with institutional regulations.
Headnote:
Mandamus - Education - Writ Petition Section List - The court discussed the propriety of issuing a writ of mandamus to compel educational authorities to consider a petitioner's examination results and attendance issues, emphasizing rights in education and procedural fairness.
Fact of the Case:
The petitioner sought to appear for the 3rd semester B.Tech exams despite insufficient attendance due to medical reasons, wanting a directive for the University to consider his representation and declare results.
Finding of the Court:
The court allowed the petitioner to provisionally sit for the exams, with results on hold, directing the University to review attendance-related matters in accordance with law.
Issues: Whether the petitioner is entitled to appear for the examination given his medical condition and the resulting attendance deficiency.
Ratio Decidendi: The court emphasized the need for educational institutions to consider students' circumstances fairly, allowing provisional participation in exams amid attendance controversies.
Final Decision: Writ petition disposed of, allowing provisional examination with results subject to authority's review.
JUDGMENT
The petitioner has approached this Court with the following prayers:
“i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider and dispose of Ext.P6 representation, forwarded by the 4th respondent, and Ext.P5 representation, forthwith.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioner to appear for the 3rd semester B.Tech examinations which shall be commenced with effect from 14.11.2012 and to declare the result.
iii. Issue any appropriate writ order or direction declaring that petitioner is entitled to appear for the 3rd semester external examinations, in view of the fact that he performed very well for the internal examinations and he was prevented from attending 54% of the classes due to his treatment with effect from 11.7.2012 to
24.09.2012.”
2. When the matter came up for consideration before this court on 12.11.2012, the following interim order was passed:
“Admit. Standing Counsel takes notice for respondent Nos. 1 to 3. Issue urgent notice to fourth respondent.
2. Heard the learned counsel for the petitioner and the learned Standing Counsel who opposed the prayers of the petitioner for permission to appear for the third semester B.Tech external examinations, scheduled to be held form 14/11/2012 as the petitioner is not having sufficient attendance.
3. My attention was invited to the interim order passed by this Court on 01/11/2012 in W.P.(C).No. 25502/2012, a copy of which is produced as Ext.P7, wherein also similarly placed student had appeared before this Court, who was affected by various illness. Herein, the petitioner has produced Exts.P2 and P3 copies of the Medical Certificates.
4. Having regard to the various aspects pointed out, the petitioner will be allowed to appear provisionally in the coming examination which is scheduled from 14/11/2012. The papers will be valued but the results will not be announced.”
The petitioner has now come up with I.A. No. 7829 of 2013 seeking for a direction to the respondents to publish the result of the 3rd semester B.Tech examination appeared by the petitioner.
3. Sri. Millu Dandapani, learned Standing Counsel for the University submits that the writ petition could be disposed of, causing the matter to be considered and disposed of by the 2nd respondent, who is the competent authority to deal with the situation; particularly, with regard to the shortage of attendance.
4. Accordingly, there will be a direction to the University, to place the matter before the 2nd respondent, upon which the matter shall be considered and appropriate orders shall be passed in accordance with law, at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment. The result of the examination shall be published subject to the orders to be passed by the 2nd respondent as above.
Writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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