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2014 Supreme(Online)(KER) 34960
HIGH COURT OF KERALA
K VINOD CHANDRAN, J
NIVYA GOPAL – Appellant
Versus
CONTROLLER OF EXAMINATION – Respondent
WRIT PETITION (CIVIL) 31117/2014
The court established that students should not be unfairly denied examination opportunities due to administrative delays in prior assessments.
Headnote:
Examination - Student Rights - University Acts - Sections Discussion - The court allowed a student to provisionally appear for examinations despite not having cleared prior papers, emphasizing the need for fair access to education amid administrative delays.
Fact of the Case:
The petitioner, a 4th year M.Tech student, sought permission to appear for 4th semester exams despite not clearing two papers from the 2nd semester, citing that supplementary exams were scheduled before the 4th semester exams.
Finding of the Court:
The court found that the university should accept the petitioner's application and fee for the 4th semester exams, given the administrative delays in processing the supplementary exams.
Issues: Whether a university can deny a student the right to appear for examinations based on unpassed previous semester papers when supplementary exams are pending.
Ratio Decidendi: The court ruled that administrative delays should not impede a student's right to seek education, allowing provisional examination access based on ongoing evaluations.
Final Decision: The petitioner is permitted to appear provisionally for 4th semester exams, pending the result of the 2nd semester supplementary exams.
J U D G M E N T
The petitioner is a student of the 4th year M.Tech course under the respondent-University. The 4th semester examinations are going to be held in March, 2015. However, the petitioner will not be permitted to appear, since she has not cleared two papers in the 2nd semester.
2. In fact, she had applied for the supplementary examinations of the 2nd semester, and the supplementary examinations of the 2nd semester is scheduled to be held from the 3rd week of November, 2014. In such circumstances, the petitioner prays that she may be permitted to appear for the 4th semester examinations, subject, however to the result of the 2nd semester supplementary examinations. It is submitted by the learned counsel for the petitioner that the application and fee of the W.P(C) No.31117/2014 ::2::
petitioner for the 4th semester examination is not being accepted for the reason that the petitioner has not passed the 2nd semester examination.
3. In the context of the delay which was occasioned on the part of the University, it is only proper that the University shall receive the fee and application of the petitioner for the 4th semester and the petitioner be permitted to appear for the 4th semester examinations, provided the petitioner has qualified in the 1st semester examinations in accordance with the results published as of now. It is directed so. The appearance shall be provisional and depend on the result of the 2nd semester supplementary examinations. The results shall be withheld till then.
The writ petitions are disposed of as above.
