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2019 Supreme(Online)(KER) 17898
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
MIBIN ABRAHAM – Appellant
Versus
APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY – Respondent
WRIT PETITION (CIVIL) 4248/2016
Flexibility in academic attendance requirements may be warranted in exceptional cases, particularly where prior court orders influence subsequent educational pathways.
Headnote:
Attendance - B.Tech Student - Act Section List - The court addressed attendance requirements for academic progression, interpreting the need for flexibility in extraordinary circumstances, leading to the decision to allow the publication of examination results despite prior non-compliance.
Fact of the Case:
The petitioner, a B.Tech student, had insufficient attendance due to medical issues, preventing her from taking the 3rd semester exam. She petitioned the court, received an interim order allowing her to sit for exams, and completed her degree. However, her results were withheld because of her attendance.
Finding of the Court:
The court acknowledged that the petitioner completed her course and passed subsequent exams despite lacking formal clearance for the 3rd semester. It highlighted the peculiar circumstances of the case and noted the impracticality of requiring her to repeat semesters.
Issues: Whether the petitioner, having completed her degree, should be compelled to redo the 3rd semester due to prior attendance issues.
Ratio Decidendi: The court determined that enforcing the re-admittance policy would be unjust given the unique facts of the case, particularly since the petitioner was allowed to progress based on an interim court order.
Final Decision: The court directed the University to declare the results of the petitioner's 3rd and 4th semester examinations.
JUDGMENT
The petitioner, a B.Tech student did not have sufficient attendance for 3rd semester. This was due to medical reasons. She was not allowed to write exam. Petitioner approached this Court with W.P. (C).No.40008/2015. She was permitted to write the examination by way of an interim order. Thereafter, she appeared for 4th and all subsequent semester examinations. She completed the course. She passed all other subsequent semester examinations. She had sufficient attendance for all subsequent semesters. However, on account of the fact that she did not complete 3rd semester, results of 3rd and 4th semesters were withheld.
2. She would not have been entitled to write 4th semester examination without clearing 3rd semester and she has to be re-admitted for 3rd semester as she did not have sufficient attendance. However, the peculiar facts of this case would show that she was allowed by the interim order of this Court to appear for the 3rd semester as well as all subsequent examinations. She completed the B.Tech Course. If this court rejected her claim, she will have to redo 3rd semester and all other semesters again. In view of the fact that she has completed the B.Tech course, it may not be proper for this Court to reject her claim. Further, it is to be noted that the affiliation of the college with M.G.University has been now transferred to Kerala Technical University. It would be practically difficult for the University also to conduct examination for the petitioner alone and once the petitioner is ordered to be re-admitted to the 3rd semester class, she will have to undergo studies with the new syllabus under KTU. Though, the learned counsel for the M.G.University resisted, taking note of the facts and circumstances, I am of the view that, treating this case not to be cited as a precedent, the M.G.University is directed to declare the results of the 3rd and 4th semester examinations and publish the results of the petitioner. These directions are issued taking note of the peculiar facts and circumstances of the case, as the petitioner has completed the B.Tech course as also taking note of similar directions issued by this Court in W.P.(C).No.35621/2015. Needful shall be done by the University at the earliest to publish the results.
The writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
APPENDIX OF WP(C) 4248/2016 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED BY THE 1ST RESPONDENT COLLEGE.
EXHIBIT P2 TRUE COPY OF THE ORDER DTD.29.12.2015 IN WPC NO.40008/2015 PASSED BY THIS HON'BLE COURT.
EXHIBIT P3 TRUE COPY OF THE LETTER DTD.28.1.2016 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.
RESPONDENTS' EXHIBITS: NIL \\TRUE COPY//
PA TO JUDGE PV APPENDIX OF WP(C) 40008/2015 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER BEARING NO. 1122/14 ISSUED BY THE IST RESPONDENT COLLEGE FOR THE ACADEMIC YEAR 2014-15 BATCH.
EXHIBIT P2 TRUE COPY OF THE DETAILED RADIOLOGY REPORT AND IMAGES DATED 17/07/2015 ISSUED BY THE TRICARE DIAGNOSIS, REGARDIUNG THE CYST DEVELOPED IN THE PETITIONER'S OVARIES EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 28/10/2015 ISSUED BY THE DOCTOR OF CHERIAN MEMORIAL ST. LUKES HOSPITAL ANGADICAL ACKNOLEDGING THAT PETITIONER WAS UNDER HIS TREATMENT SINCE
01/09/2015.
EXHIBIT P4 TRUE COPY OF THE FEES RECEIPT BEARING NO. 8504 DATED 17/07/2015 ISSUED BY THE IST RESPONDENT COLLEGE EXHIBIT P5 TRUE COPY OF THE E-MAIL DATED NIL ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT UNIVERSITY.
APPENDIX OF WP(C)
40008/2015 TRUE COPY OF THE NEWSPAPER EXTRACT OF EXHIBIT P6 THE NEW INDIAN EXPRESS DATED 12/03/2015 REGARDING THE AFFILIATION OF THE EXISTING COLLEGES OFFERING ENGINEERING UNDERGRADUATE AND POST GRADUATE COURSES IN ENGINEERING TO KERALA TECHNOLOGICAL UNIVERSITY (KTU)
RESPONDENTS' EXHIBITS: NIL \\TRUE COPY//
PA TO JUDGE PV APPENDIX OF WP(C) 41855/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE EXTRACTS OF THE MEDICAL CERTIFICATES OF THE PET
