Allowed

Bibin Babu v. Aligarh Muslim University

Kerala HC18 Mar 2013WP(C)/82/2013

Case brief

AI extract

What is this about?

Petitioners students in AMU Malappuram challenged an order cancelling their third semester due to delayed resit results and lack of prior passing. Court quashed order cancelling studies and permitted them to join the fourth semester with the next batch.

What did the court decide?

Ext.P9 quashed to the extent of cancelling third semester course/exams; petitioners permitted to attend fourth semester with next batch.

Bibin Babu Vs Aligarh Muslim University — Education and Admissions | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 18TH DAY OF MARCH 2013/27TH PHALGUNA 1934

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WP(C).No. 82 of 2013 (I)

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PETITIONER(S) :

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1. BIBIN BABU,

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VADAKKE RAMATTUPATHIYIL HOUSE, KADANAD P.O, PALA KOTTAYAM.

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2. RAJESH C., S/O.NARAYANAN, CHAKKALATHIL HOUSE, PONMUNDAM P.O.,

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MALAPPURAM.

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3. NUSRATH Z., D/O.ZAKIR HUSSAIN, PONNARATHU HOUSE, VERUVALLY BHAGAM KAYAMKULAM.

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BY ADV. SRI.SUNIL KUMAR A.G

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RESPONDENT(S) :

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1. ALIGARH MUSLIM UNIVERSITY REPRESENTED BY REGISTRAR, ALIGARH 202 002.

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2. THE VICE CHANCELLOR ALIGARH MUSLIM UNIVERSITY, ALIGRAH 202 002.

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3. THE CONTROLLER OF EXAMINATIONS ALIGARH MUSLIM UNIVERSITY, ALIGRAH 202 002.

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4. THE DEAN

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FACULTY OF LAW, ALIGARH MUSLIM UNIVERSITY ALIGRAH 202 002.

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5. THE DIRECTOR ALIGARH MUSLIM UNIVERSITY, ALIGRAH - 202 002.

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6. THE DIRECTOR ALIGARH MUSLIM UNIVERSITY, MALAPPURAM CENTRE CHERUKARA, PERINTHALMANNA, MALAPPURAM DISTRICT-679 340.

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BY ADV. SRI. A.A. ABUL HASSAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 82 of 2013 (I)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXHIBIT P1. TRUE COPY OF THE CERTIFICATE OF MARKS OF 2ND SEMESTER.

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EXHIBIT P2. TRUE COPY OF THE CERTIFICATE OF MARKS OF 3RD SEMESTER.

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EXHIBIT P3. TRUE COPY OF THE REPRESENTATION DATED 16.11.2012. EXHIBIT P4. TRUE COPY OF THE REPRESENTATION DATED 19.12.2012. EXHIBIT P5. TRUE COPY OF THE REPRESENTATION DATED 19.12.2012. EXHIBIT P6. TRUE COPY OF THE HALL TICKET. EXHIBIT P7. TRUE COPY OF THE HALL TICKET ISSUED TO THE 2ND PETITIONER. EXHIBIT P8. TRUE COPY OF THE REPRESENTATION DATED 31-12-12. EXHIBIT P9. TRUE COPY OF THE LETTER DATED 18.2.2013.

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RESPONDENTS' EXHIBITS :

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EXT.R6(A) COPY OF THE OFFICE MEMO DATED 9.5.2012 OF THE ASSISTANT CONTROLLER, ALIGARH MUSLIM UNIVERSITY.

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EXT.R6(B) COPY OF THE INTERIM ORDER DATED 6.6.2012 IN WP(C) NO. 13122/2012 PASSED BY THIS HONOURABLE COURT.

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EXT.R6(C) COPY OF THE JUDGMENT DATED 6.9.2012 IN WP(C) NO. 13122/2012 PASSED BY THIS HONOURABLE COURT.

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EXT.R6(D) COPY OF THE ACADEMIC STATUS OF BA LLB STUDENTS OF 2010-11 ADMISSION BATCH (PETITIONERS' BATCH)

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EXT.R6(E) COPY OF THE CHAPTER XXIX-A OF THE ACADEMIC ORDINANCE.

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EXT.R6(F) COPY OF THE MERCY PETITION DATED 19.9.2012. EXT.R6(G) COPY OF THE OFFICE MEMO DATED 19.9.2012 OF THE ASSISTANT CONTROLLER, AMU, ALIGARH.

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EXT.R6(H) COPY OF THE INTERIM ORDER DATED 12.9.2012 IN WP(C) NO. 20881/2012 PASSED BY THIS HONOURABLE COURT.

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EXT.R6(I) COPY OF THE JUDGMENT DATED 14.9.2012 IN WA NO. 1651/2012 PASSED BY THIS HONOURABLE COURT.

//TRUE COPY//

P.A. TO JUDGE

**A.M.SHAFFIQUE, J * * * * * * * * * * * * *** W.P.C.No.82 of 2013

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Dated this the 18^th day of March 2013

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J U D G M E N T

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Petitioners challenge Ext.P9. Petitioners joined Aligarh Muslim University, Malappuram Centre during the academic year 2010-2011. The course study is for a period of five years and each year the students have to attempt two semesters. They will be permitted to attend the third semester only if they pass in the first and second semesters. The petitioners did not pass for all the papers during the second semester. As per the regulations, they are permitted to have a resit examination. They were permitted to attend the third semester classes but since the resit examination results did not come before the examinations of the third semester, they were not permitted to write the third semester examination. They approached this Court and by virtue of an interim order in W.P.C.No.13122 of 2012, this Court permitted the petitioners to attend the third semester

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examination. In the meantime, the petitioners failed in the resit examination also which was published on 13/08/2012.

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On the basis of a representation submitted by the petitioners, another opportunity was given to them to write the said examination which was held on 20/08/2012 and all of them passed in the second and third semester examinations except the first petitioner. In the meantime, when the writ petition came up for hearing, this Court, having taken note of the facts of the case, passed a judgment on 06/09/2012 which reads as under:

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“The main prayer in the writ petition is to quash Ext.P2 and to allow the petitioners to continue their studies in the third semester. This Court by interim order dated 06/06/2012 directed the respondents to provisionally permit the petitioners to attend for the third semester (end term) examination by accepting their applications. It is now submitted by the learned counsel for the petitioners that all the petitioners have

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W.P.C.No.82 of 2013 3

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appeared for the examination, results have also been declared and 11 petitioners have passed which is confirmed by the learned counsel for the fifth respondent.

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In that view of the matter, no further reliefs are called for in the writ petition. If the successful petitioners have any other grievances in the matter, it is open for them to approach appropriate authorities in the matter. The writ petition is accordingly, disposed of. No costs.”

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2. However the 4^th semester classes started on 10/01/2013. In the meantime, the petitioners lost their opportunity to attend the 4^th semester classes which started on 28/8/2012 and they lost one semester when the classes started on 10/01/2013. But they were not permitted to attend the 4^th semester classes. Therefore, they approached this Court and by an interim order dated 29/01/2013, this Court directed the 2^nd respondent to consider Ext.P8

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representation and to pass appropriate orders within three weeks which resulted in Ext.P9 order. In Ext.P9 order the authorities took a view that since the petitioners could not pass the 2^nd semester examinations before the examinations of the 3^rd semester, though the petitioners completed the 3^rd semester classes it is deemed to be cancelled and therefore they will have to attend the third semester classes once again to qualify for the examination and then proceed for the next semester. This writ petition is therefore amended challenging Ext.P9 as well.

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Counter affidavit is filed by the 6^th respondent inter alia contending that the right of the petitioners to write the examination flows from the rules and regulations of the University and in so far as it is an admitted fact that the petitioners did not pass the examinations of the 2^nd semester before the examinations of the 3^rd semester, they are not entitled to be qualified to write the examinations of the third semester and therefore the 3^rd semester course which they

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have studied is deemed to have been cancelled.

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It is also contended by the respondents that the petitioners approached this Court seeking the relief to attend the 4^th semester classes after having passed the second and third semester examinations and did not obtain any direction from this Court. The writ petition was disposed of only with a direction to approach the respondents. The present writ petition is therefore barred by the principles of constructive res judicata and estoppel. A reference is also made to Exts.R6(a) and R6(g). Ext.R6(a) is an office memo by which the petitioners were permitted to continue the third semester class which reads as under:

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“The competent Authority has passed the following order for the students enrolled in B.A.LLB. Course during the session 2010-2011 at AMU Centre, Malappuram, Kerala and Murshidabad, West Bengal, who could not clear their paper(s) of 1/11 semester.

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1. Allowed to clear their paper(s) of B.A.LLB. Course 1/11 Semester, as the case may be,

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W.P.C.No.82 of 2013

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in the Re-sit Examination during the Current Session 2011-2012 with their Junior batch.

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2. They will continue their studies in III Semester during the next Session (20122013) after clearing their paper(s) of the said Semester(s).”

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Ext.R6(g) is an office memo dated 19/09/2012 which reads as under:

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“The Vice-Chancellor has passed the following orders in cases of Mr.Nusrath.Z., Faculty Roll No.10BALLB-13, Enrollment No.GE-2464; Mr.Rajesh.C., Faculty Roll No.10B.A.LLB-35, Enrollment No.GE-2489 and Mr.Bibin Babu, Faculty Roll No.10B.A.LLB-53, Enrollment No.GE-2586.

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1. Allowed them to clear their Paper(s) of Second Semester as Ex-students with their Junior Batch (2011-2012 Batch) in the Re-sit examination of the Session 2011-2012.

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2. Further, ordered to continue their studies in Third Semester during the session 2012-2013 after clearing their paper(s) of Second

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Semester with their Junior Batch during the session 2011-2012.”

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6. Therefore, according to the respondents, unless

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the petitioners are in a position to comply with the rules and regulations especially Clause 5 of Chapter XXIX-A of the Ordinance (Academic), the petitioners cannot seek any relief. Clause 5 reads as under:

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“ 5. PROMOTIONS: No candidate shall be promoted to the Third Semester, Fifth Semester, Seventh Semester or Ninth Semester unless he has passed in all courses of the proceeding Semester Examinations.”

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7. The short question to be considered in this writ petition is whether the petitioners should be permitted to attend the 4^th semester classes which commenced on 10/01/2013.

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Clause 4(b) of the Ordinance indicates that only those students who have put in at least 75% of attendance in each semester shall be eligible to attend the examination.

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Therefore, as on date, if a direction is given to the petitioners to attend the classes of the 4^th semester which commenced on 10/01/2013, it may not be possible for the students to have the required minimum attendance and the classes apparently will be completed by the next month and one semester constitutes about 100 working days. That being the position, there is no point in issuing a direction to permit the petitioners to attend the 4^th semester classes from 10/01/2013.

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The next question is whether they are eligible to attend the 4^th semester classes. In Ext.P9, the University has formed an opinion based on Clause 5 of Chapter XXIX of the Ordinance (academic). It cannot be disputed that such a provision will definitely disable a person who had not completed the first and second semesters to attend the third semester classes. But the fact remains that the petitioners were permitted to attend the third semester classes on condition that they should pass the second semester

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examination in the resit examination. The problem happened because of the delay on the part of the College authorities in conducting a resit examination. As a result, the results were published only in September 2012.

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But the fact remains that the petitioners failed in that examination and it was only on another examination which was conducted on the basis of a representation submitted by the petitioners that they passed the 2^nd semester examination. Therefore they could not pass the second semester examination before the examinations were held for the third semester. But the fact remains that when the College authorities did not permit the petitioners to write the third semester examination, this Court by an interim order dated 06/06/2012 permitted them to write the examination which was to be held from 08/06/2012. This, apparently, was on account of the fact that the result in the resit examination was not published by that time. The writ petition was disposed on 06/09/2012 having taken note of

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the fact that the petitioners have appeared for the examinations in view of the interim order passed by this Court and the results have been declared and eleven of the petitioners have passed in the examination. In fact, for attending the 4^th semester classes there is no necessity to pass the third semester examination, going by Clause 5 of the Ordinance (Academic). Therefore, what remained was only the results with reference to the 2^nd semester examination which was ultimately declared and all the petitioners except one have already passed in the 2^nd semester examination. In so far as the petitioners who have already attended the 3^rd semester classes as permitted by the College and they have written the third semester examination as directed by this Court by virtue of an interim order in W.P.C.No.13122/2012, this Court did not find it necessary to go into the validity or otherwise of the 3^rd semester classes for writing the examination. Now, by Ext.P9 the authorities have come to an opinion that the 3^rd

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semester, which they have undertaken, has to be treated as cancelled.

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This, according to me, is not a correct approach to be made in the matter. The College authorities themselves have permitted the petitioners to attend the classes. They have written the examination by virtue of an interim order passed by this Court and results were already declared. That being the situation, the right that flowed to the petitioners by attending the course cannot be taken away by cancelling the said course by relying upon the fact that they had not passed the examination of the second semester prior to the examination of the third semester. Therefore, Ext.P9 to the extent that it cancels the course studied by the petitioners for the third semester and the results thereon is liable to be set aside.

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The next question is whether the petitioners are eligible to attend the 4^th semester. As already indicated, once they have already passed the 2^nd semester examination

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and they attended the third semester classes, they are entitled to attend the 4^th semester classes and since the classes which have already started is in the mid way, it may not be possible for them to attend the classes this year and they can only attend the classes of the 4^th semester along with the next batch.

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In the result, this writ petition is disposed of as follows: i) Ext.P9 to the extent that it directs cancellation of the course and examinations attended by the petitioners for the third semester is hereby quashed.

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ii) The petitioners shall be permitted to attend the 4^th semester classes along with the next batch.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

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W.P.C.No.82 of 2013 13

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Bibin Babu v. Aligarh Muslim University

Case brief

What is this about?

What did the court decide?

Bibin Babu v. Aligarh Muslim University

Case brief

What is this about?

What did the court decide?

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