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2014 Supreme(Online)(KER) 22598
HIGH COURT OF KERALA
V.K.MOHANAN, ALEXANDER THOMAS, JJ
REENU SABY – Appellant
Versus
THE PRINCIPAL – Respondent
WRIT APPEAL 642/2014
Students can be assessed only on the examinations for which they have appeared, without needing to retake the entire year if they pass individual subjects.
Headnote:
Interim - Examination Appearances - W.A.No.629/14 - The court ruled on interim orders allowing students to appear for exams based on previous judgments concerning examination policies, focusing on the right to appear and assessment procedures in educational settings.
Fact of the Case:
Three appeals were presented regarding the eligibility of students to appear in the 4th year B.Pharm exams, contingent on previous judicial findings related to examination policies.
Finding of the Court:
The court determined that students who passed 2nd year could have results declared for the 4th year papers they appeared in and would only need to retake unpassed subjects, following principles established in earlier judgments.
Issues: Whether students who passed prior years' examinations could appear for certain 4th year examinations without having to repeat the entire year.
Ratio Decidendi: The court reaffirmed a previous decision allowing students to appear in examinations for which they had registered, linked to their prior academic success.
Final Decision: The Writ Appeals were finally disposed of with directions applicable from April 28, 2014, onwards.
J U D G M E N T
Alexander Thomas, J.
The issues raised in these appeals are similar to those raised in W.A.No.629/14 and connected cases. The main matter in issue in these cases are covered by our judgment dated 25.4.2014 in W.A.No.629/11 and connected cases.
2. In the present three appeals we have issued interim :-
order dated 25.4.2014 which reads as follows “Admit. As we propose to pass an interim order directing respondents 2 to 4, notice to others is dispensed with. Standing Counsel for M.G.University takes notice for respondents 2 to 4.
There will be an interim direction directing the 2nd respondent to allow the appellant to appear for all the written and practical examinations connected with the 4th Year Examination for the B.Pharm Course except the examinations scheduled to be held on 25.4.2014 conducted by the 2nd respondent-University and it is made clear that on the strength of this order, the appellants are entitled to appear only for the examinations scheduled to be held on 28.4.2014 and other dates.”
It is to be noted that the present 3 appeals have come up for consideration only today, viz., 25.4.2014. The first paper in the 4th year B.Pharm to be conducted by the respondent M.G.University is to start today, viz., 25.4.2014. Therefore, we had requested the Standing Counsel for the respondent University, to furnish instructions as to whether candidates who have passed the 2nd year B.Pharm and who appear only in some of the papers in the 4th year examinations, will have to repeat the entire 4th year examination papers or whether their result in the individual papers in the 4th year examination in which they have appeared can be published and that they will have to again undergo the examination in the papers of the 4th year B.Pharm course only in which they have not appeared or passed etc. The learned standing counsel for the respondent University submitted on instructions from the University that, the candidates who have passed the 2nd year examination and who appear in some of the papers of the 4th year, can have their results declared for the 4th year examination in respect of the papers they have actually appeared and that they need to repeat the examination of the respective papers of the 4th year examination only in those papers of the 4th year examination in which they have not appeared or passed. In the instant case, the first paper of the 4th year examination is to be held today and therefore we do not propose to direct the University to permit the appearance of the petitioner in the first paper of the 4th year examination scheduled on today. The learned standing counsel for the University further submitted that the 2nd paper of the 4th year examination and other papers will commence from 28.4.2014 and subsequent days. On this basis, we have issued the aforementioned interim order dated 25.4.2014 in these appeals, permitting the appellants to appear in the 4th year examination in respect of the examination of the papers thereof which are to commence from 28.4.2014 onwards and subsequent days.
3. As the main matter in the issue herein is covered by our judgment dated 25.4.2014 in W.A.No.629 of 2014 and connected cases, the present three writ appeals stands finally disposed and the directions and observations in the judgment in W.A.No.629/14 and connected cases will also be applicable to the present 3 writ appeals. However, the benefit if any in respect of the 4th year examination of the B.Pharm course can enure to the appellants only in respect of the examinations of papers which are to commence from 28.4.2014 and subsequent days and the conditions with the directions and observations in our judgment in W.A.No.629/14 will govern the appearance of the appellants in those respective papers of the 4th year examination.
The Registry shall place a certified copy of the judgment dated 25.4.2014 in W.A.No.629/14 to form part of the judgment in these appeals.
The Writ Appeals are finally disposed of, with the abov
