Allowed

The University of Calicut v. Kalyani S Vinod

Kerala HC6 Aug 2020WA/973/2020

Case brief

AI extract

What is this about?

Law students sought a direction to Calicut University to issue provisional certificates and mark lists so they could register for Bar Council enrolment. The single Judge granted it; the University appealed, citing pending result-publication procedure and COVID-19 lockdown. The Division Bench set aside the judgment, holding the direction could not have been given without a prayer for a Provisional

What did the court decide?

Judgment dated 24.07.2020 in W.P.(C) No.14094 of 2020 set aside; writ appeal allowed; I.A. No.1 of 2020 seeking amendment dismissed; University to consider publishing results expeditiously.

The University of Calicut Vs Kalyani S Vinod — Education and Admissions | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942

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WA.No.973 OF 2020

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AGAINST THE ORDER/JUDGMENT IN WP(C) 14094/2020(J) OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENTS 1 TO 3:

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1 THE UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., CALICUT-676 635, REPRESENTED BY ITS REGISTRAR.

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2 THE UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., CALICUT, PIN-673 635, REPRESENTED BY ITS REGISTRAR.

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3 THE CONTROLLER OF EXAMINATIONS, THE UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM DISTRICT, PIN-673 635.

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BY ADV. SRI.P.C.SASIDHARAN

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RESPONDENTS/PETITIONERS & RESPONDENTS NOS.4 TO 6:

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1 KALYANI S.VINOD, AGED 26 YEARS, NARAYANEEYAM, SOUTH JANATHA ROAD, PALARIVATTOM-682 025.

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2 VAISAKH.P.U., AGED 28 YEARS, PARALI HOUSE, M.G NAGAR, PONKUNNAM, THRISSUR-685 566.

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3 JOICE K.J., AGED 20 YEARS, KARIYAPARAMBIL HOUSE, M.G NAGAR, PONKUNNAM, THRISSUR-680 002.

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4 NIMISH E.S., AGED 35 YEARS, ENGOOR HOUSE, VALAPPAD, CHANTHAPPADI, THRISSUR-680 567.

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5 ANSARI S., AGED 26 YEARS, SASA MANZIL, UMAYANALLOOR, PERAYAM, KOLLAM-691 589.

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6 ATHUL V.DEV, AGED 26 YEARS, V.L.SARANAM, KUDUVATTOOR, KOTTRKKARA, KOLLAM-691 512.

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7 ARUN PRASAD, AGED 26 YEARS, POIKAVILA VEEDU, NEDUMAPARA, PUNNOOR, KOLLAM-691 576.

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8 THE PRINCIPAL, GOVERNMENT LAW COLLEGE, THRISSUR, PIN-680 003.

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9 THE BAR COUNCIL OF KERALA, CAMPUS ERNAKULAM,BAR COUNCIL BHAVAN, HIGH COURT OF ROAD, KOCHI-682 031, REPRESENTED BY ITS SECRETARY.

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10 THE BAR COUNCIL OF INDIA, 21 ROUSE AVENUE INSTITUTIONAL AREA, NEW DELHI, PIN-110 002, REPRESENTED BY ITS SECRETARY.

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R1 & R7 BY ADV. SMT. K.SUNITHA VINOD BY SENIOR GOVT. PLEADER SRI. SURIN GEORGE IPE

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04-08-2020, THE COURT ON 06-08-2020 DELIVERED THE FOLLOWING:

W.A.No.973 of 2020

JUDGMENT

Dated this the 6^th day of August, 2020

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S.Manikumar, CJ.

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Instant writ appeal is filed against the judgment passed in W.P.(C) No.14094 of 2020 dated 24.07.2020, by which, a learned single Judge of this Court disposed of the writ petition, directing the Controller of Examinations, University of Calicut, Thenhipalam, Malappuram District, respondent No.3 therein, to issue Provisional Course Certificate to the writ petitioners on or before 29.07.2020.

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Writ petition has been filed by writ petitioners / respondents 1 to 7

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herein for the following reliefs:

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(i) Issue a writ of mandamus, directing the University of Calicut, represented by its Registrar, to issue the Provisional Course Certificate of the petitioners, who are qualified for the same after attending the improvement of Internal Assessment marks of B.B.A., LL.B (Hons) and LL.B (3 year Unitary) exams, January, 2020, on or before 29.07.2020.

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(ii) To conclude the examination process by the Calicut University, issuing a Course Certification or before 29.07.2020, enabling the writ petitioners to register online for enrollment before the last date for registration already fixed as 31.07.2020 by the 5^th respondent.

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(iii) To direct respondents 5 and 6 therein viz., The Bar Council of Kerala, Campus Ernakulam, Bar Council Bhavan, High Court Road, Kochi; and The Bar Council of India, New Delhi,

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represented by its Secretary, to permit the petitioners to provisionally register for enrollment, permitting them to make online registration provisionally, for the enrollment proposed to be held on 22.08.2020.

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(iv) To direct respondents 5 and 6 therein, to permit the petitioners to provisionally register for enrollment, permitting them to produce the course certificate before the enrollment date as soon as it is issued by the 1^st respondent.

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Facts leading to the appeal are that, - writ petitioners/respondents 1 to 7 herein are the students of B.B.A LL.B (Hons) of the Calicut University for the academic years 2011-2016, 2012-2017 and 2013-2018.

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Respondents 1 to 7 were not successful in the examinations. Hence, they sought for the benefit of improvement of their internal assessment marks. Calicut University, in implementation of the resolution of Academic Council dated 5.10.2019, issued Order No.15267/2019/Admn dated 20.10.2019, extending an opportunity to redo the internal of all the papers/subjects at a stretch. The benefit was also extended to Under Graduate Law programmes and the span for internal improvement was reckoned with N+2 (+1) year period.

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Appellants have further stated that the internal improvement examinations were conducted as regular examinations and results were published in the same manner, as that of regular examinations. Thereafter, the University issued a notification dated 28.12.2019 for internal improvement examination January, 2020, for various semesters. The candidates got

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registered for improvement of internal examination, the internal examinations were conducted by the colleges, and in relation to the writ petitioners, marks have been uploaded by the colleges on 10.07.2020.

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Appellants have further stated that on receipt of marks from the colleges, further process has to be adopted by the University, in the matter of official publication of the results, which consists of a series of processes. The marks received from the examination centres have to be entered in the register. The marks so entered should be compared with the score sheet received from the evaluators, convening of the Pass Board, recommendation of the Pass Board for approving the results of the examinations, approval of the results by the Syndicate/Sub Committee of the University and authorization to publish the result to the Controller of Examinations and the Controller of Examination will publish the result.

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Appellants have further stated that the results of all the examinations, including that of internal improvement examination, have no exception to the abovesaid procedure.

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Appellants have further contended that the results of 40 examinations are pending to be published and that 60 examinations are yet to be conducted, which is long overdue. According to the appellants, this has happened, due to the present Covid lockdown situation.

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With reference to the LL.B examination itself, the result of the following examinations are yet to be published:

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A) 5^th Semester/3^rd Semester/I Semester LLB 3 Year (2008 Scheme) Examinations April, 2019 as per Notification No.46314/ EG1/ASST1/2018/PB dated 24.05.2019;

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B) 3^rd Semester/I Semester BBA LLB (H) Regular/ Supplementary Examination April, 2019 as per Notification No.32/ EGI/ASST1/ 2016/PB dated 31.05.2019;

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C) 6^th Semester/4^th Semester/2^nd Semester BBA LLB(H) and 2^nd Semester LLB Unitary Regular/Supplementary Examination November, 2019 as per Notification No.32/EGI/ASST1/2016/PB dated 04.10.2019.

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D) 3^rd Semester/1^st Semester LLM Regular/Supplementary Examination November, 2020 as per Notification No.70006/EG1/ ASST3/2019/PB dated 21.10.2019.

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Appellants have further stated that a large number of students have passed all other semesters in the above examinations and are waiting for their results, in the supplementary examination.

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The tabulation work of some of the semester examinations is in progress and the publication of results is awaited. For evaluation of answer scripts, false numbering has to be done, and Home Valuation is the only option available, in terms of the social distancing.

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Appellants have further stated that University is taking all the efforts to publish the results and streamlining the activity. However, due to the COVID-19 pandemic, University cannot achieve its object as expected.

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The territorial jurisdiction of the University is extended to Wayanad, Calicut, Palakkad and Thrissur, and that, almost all the districts are partially locked down and many areas are in containment zones as well. Calicut

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University is presently working with the skeleton essential staff, since the neighbouring areas like Ponnani, Pattambi and Kozhikode are totally locked down.

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Appellants have further stated that though the abovesaid aspects were brought to the notice of the writ court, the learned single Judge, after considering the fact that since the 4^th respondent viz., the Principal, Government Law College, Thrissur, had already uploaded the internal assessment marks within the specified time period and that the last date for online registration for the upcoming enrollment is 31.07.2020, in exercise of extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, treating this as a special case, directed the 3^rd respondent - The Controller of Examinations, to issue Provisional Course Certificate and the corrected mark list pertaining to the writ petitioners on or before 29.07.2020.

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Appellants have further stated that provisional certificates can be issued if only a candidate is declared “pass” in the examination. To declare a candidate that he has passed the examination, based on the recommendation of the Pass Board, the competent authority of the University has to declare the result officially, after approving the same. The mark lists can also be issued only if it is entered in the register, by following the procedure, mandated, and that merely on uploading the marks by the evaluators, it will not automatically entitle a candidate to get the mark list.

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Appellants have further stated that the provisional degree certificate

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is issued by the University during the period, after the publication of results in the University office and before issuance of the original degree certificates. To obtain a provisional degree certificate, candidates shall furnish all the details, register number, and year of examinations in which they have passed, each part of the examination, the language selected under Part II, the optional subjects/main/subsidiaries etc. It is not as at the moment the marks were uploaded, a candidate is entitled for a provisional certificate.

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Being aggrieved by the judgment of the learned single Judge dated 24.07.2020, instant appeal is filed.

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Based on the grounds raised, Mr. P. C. Sasidharan, learned counsel for the appellants, made submissions. That apart, inviting our attention to a circular dated 03.08.2020 issued by the Deputy Registrar of the Calicut University, he submitted that since the main offices of the University situated in Chelembra and Pallikkal Panchayats, are situated in Kondotty Taluk, which is declared as a containment zone with severe lock down restrictions due to the Pandemic COVID -19 and the Vice Chancellor has ordered to lock down the University offices with effect from 03.08.2020, till further orders/lifting the restrictions of containment zone.

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Learned counsel for the appellants further submitted that only essential services, including Security Wing with Ambulance Services, Engineering Departments (Electrical and Water supply only), Finance Wing (only for the purpose of salary disbursement of regular, contract and daily

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wage basis and pension disbursement section), and campus landscaping with minimal staff shall function as per the discretion of the Controlling Officers concerned, strictly following the COVID-19 Protocol, in order to ensure the uninterrupted service. Learned counsel has also produced the guidelines issued by the Chairman of the District Disaster Management Authority and District Collector Malappuram dated 02-08-2020, from where, we are satisfied that the entire Kondotty taluk is imposed with stringent lockdown restrictions such as, restriction for movement of vehicles and public transport, functioning of offices and other establishments, and in effect only essential services are permitted and that too also with time restrictions.

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All the pre-scheduled programmes/meetings (including online) during their period should be postponed till further orders. He further submitted that Provisional Course Certificate would be issued by the respective colleges, where the student undergoes studies and it is not issued by the University. What the University issues is only the Provisional Degree Certificate to cater the requirements of the students till such time they are issued with the Degree Certificate. Therefore, University cannot be directed to issue any Provisional Course Certificate. In this context, he referred to the interim prayer sought for by the petitioners in the writ petition, which reads as follows:

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“For the reasons stated in the accompanying writ petition and affidavit, it is most humbly prayed that this Hon'ble Court may be pleased to direct the 1^st respondent to issue corrected mark list and Provisional Course Certificate, pending disposal of the writ petition.”

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For the abovesaid reasons, learned counsel for the appellants sought for reversal of the impugned judgment.

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When the matter came up for hearing, Mrs. K. Sunitha Vinod, learned counsel appearing for respondents 1 to 7/writ petitioners submitted that the respondents 1 to 7/writ petitioners have filed an I.A. No.1/2020, for amending/correcting the writ petition by substituting the word “Course” with “Degree” and reading the term Provisional Degree Certificate, instead of Provisional Course Certificate.

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In the supporting affidavit, the respondents 1 to 7/writ petitioners have contended as follows:

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“2. W.P.(C) No.14094/2020 was filed seeking interference of this Court to expedite the issuance of the Provisional Certificates and mark lists to the petitioners, who are qualified for enrollment after obtaining sufficient marks in the re-internal examinations conducted by the college as permitted by the University vide its notification dated 28.12.2019. The writ petition was filed on 10.07.2020 and came up for admission on 13.07.2020, 17.07.2020 and finally on 24.04.2020. The writ petition was disposed of on 24.07.2020 with a direction to the 1^st respondent therein, the Controller of Examinations, to issue a corrected mark list and a Provisional Course Certificate so that the petitioners can submit their online registration for enrollment on or before 31.07.2020.

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The petitioners had instructed the counsel that they are in need of a Provisional Certificate and mark lists from the respondent University for doing the online registration for enrollment. The counsel while drafting the writ petition, by inadvertent mistake, instead of

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Provisional Degree Certificate, used the term Provisional Course Certificate. The Standing Counsel also did not point out the typographical error and the mistake inadvertently made by the counsel for the petitioners happened to be carried forward in the judgment also.

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It is further stated that the said mistake is noted now only at the appellate stage during the pendency of the writ appeal. The intention of the petitioners while filing the writ petition was to obtain the Provisional Degree Certificate which in common parlance termed as Provisional Certificate. The term “Course” was inadvertently used instead of “Degree”. The petitioners reliably understood that the typographical error/mistake caused in the writ petition can be corrected with the permission of this Court even at the appellate stage, invoking Rule 159 of the Rules of the High Court of Kerala, 1971.

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Rule 159(i) of the High Court Rules, 1971 reads as follows:

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The procedure prescribed for appeals in Order XLIA of the Code, excluding Rule 2 thereof, shall as far as may be, be followed in appeals from the decisions of Single Judges in writ matters.

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Section 107(ii) of the Civil Procedure Code also confers the same powers conferred on the Court of original jurisdiction to the appellate courts. Order VI Rule 17 of the Civil Procedure Code permits the amendment of pleadings at any stage of the proceedings allowing either party to alter or amend the pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties.

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It is further contended that an appeal is rehearing of the original course and hence, the power of the appellate court is coterminus with that of the court of first instance. In fact, there is no controversy between the parties and the relief sought was only to

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expedite the publication of results and issuance of consequential certificates. Hence, in the interest of justice, the respondents 1 to 7/writ petitioners may be permitted to correct the typographical error/mistake by amending the writ petition. Wherever the term Provisional Course Certificate is used, it has to be corrected as Provisional Degree Certificate, for which I am filing a separate petition for amendment under Rule 155 of the High Court Rules, which may kindly be allowed, in the interest of justice.”

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Amendments sought for in various paragraphs in the statement of

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facts are as follows:

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i. In Para 8, 14^th line after the term "thereafter "and before the term "to the petitioners who are qualified for the same", insert the term Provisional Degree Certificate.

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ii. In Para 10, 3^rd line after the term "corrected mark list and a" and before the term "to 7 students", insert the term Provisional Degree Certificate.

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iii. In Para 10, 9^th line after the term" dire need of their" and before the term "issued by the 1^st respondent", insert the term Provisional Degree Certificate.

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iv. In Para 10, 12^th line after the term "for the registration the" and before the term "is to be uploaded", insert the term Provisional Degree Certificate.

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v. In Ground B, 3^rd line after the term "they obtained the" and before the said sentence, insert the term “Provisional Degree Certificate”.

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vi. In Ground B, 10^th line after the term "for the" and before the next sentence, insert the term “Provisional Degree Certificate”.

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vii. In Ground D, 4^th line after the term "bound to issue" and before the term "to any law student on time", insert the term Provisional Degree Certificate.

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viii. In Ground D, 7^th line after the term "1st respondent in issuing" and before the term "for any", insert the term “Provisional Degree Certificate”

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ix. Among the Relief i, 2^nd line before the term "to the petitioners", insert the term Provisional Degree Certificate.

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x. Among Relief ii, 2^nd line, before the term "or before", insert the term Provisional Degree Certificate.

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xi. In the Interim Reliefs, 3^rd line after the term "corrected mark list and" and before the 4^th line, insert the term Provisional Degree Certificate.

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xii. In the Synopsis in para 2, 5^th line after the term" bound to issue" and before the term "at the time" insert the term Provisional Degree Certificate.

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xiii. In the Synopsis in para 2, 8^th line after the term “unless and otherwise the”, insert the term Provisional Degree Certificate.

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xiv. Under the caption “points to be urged”, 1^st line, after the term “bound to issue” and before the term “without any undue”, insert the term Provisional Degree Certificate.

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xv. In the subject on the docket, after the term “to issue” insert the term Provisional Degree Certificate instead of Provisional Course Certificate.”

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It is her further submission that the Hon'ble Chief Minister, State of Kerala, has made a statement, reported in the New Indian Express daily that, instead of declaring the whole ward as a containment zone, the immediate locality of primary and secondary contacts will now be marked separately and restrictions imposed there.

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It is her contention that inasmuch as the Bar Council of Kerala has clearly fixed the enrollment day, now extended upto 15.08.2020, results of 28 students, who have taken up the supplementary examinations can be directed to be published and consequently, issuance of the mark list and provisional Degree Certificate, can be issued, so as to enable the students to enroll themselves as advocates.

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Learned counsel for the respondents 1 to 7/writ petitioners further submitted that though the writ petition was listed on various dates, the defects

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in the prayer, now raised in the writ appeal, were not pointed out during the pendency of the writ petition. Had it been pointed out, the same would have been cured then and there itself. Inadvertent mistakes need not be put against the respondents 1 to 7/writ petitions and thus, prayed for amending the prayer and other portions in the Statement of facts.

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Heard learned counsel for the respective parties and perused the material available on record.

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Exhibit-P8 is the Notification No.66520/EG-I-ASST-1/2015/FB dated

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30.06.2020 issued by the Controller of Examinations, University of Calicut and the same is extracted hereunder:

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Contention of the learned counsel for the Calicut University that the marks are uploaded by the respective colleges in their website is not disputed. Accordingly, on 10.07.2020, marks secured by the respondents 1 to 7/writ petitioners have been uploaded. Respondents 1 to 7 had to register themselves for enrollment as advocates and for the said purpose, the last date for online registration was notified as 31.07.2020 and, therefore, the writ petition has been filed for the reliefs, as stated above.

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True that, the revised mark list and Provisional Degree Certificate are required for online registration, when the last date for online registration was fixed as 31.07.2020 by the Bar Council of Kerala. But, at the same time, there is a procedure, set out in the Act/Statute/Ordinance, for issuance of mark statement and also the time, which is normally taken to complete the process, has to be taken note of.

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Chapter V of the Calicut University First Ordinance, 1978 deals with conduct of examinations. Clause 17 in Chapter V of the Ordinance, deals with report of results and the same reads as under:

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“The Board of Examiners shall report to the Controller of Examinations provisionally the results of the Examination conducted by them or supervised by them.”

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Chapter V Clause 18 of the Calicut University First Ordinance, 1978 deals with publication of results and the same reads thus:

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(1) The Controller of Examinations shall submit the result to the Syndicate. The Syndicate shall have power to approve the results and publish the same.”

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(2) For all examinations conducted by the University, the register numbers of all successful candidates shall be classified and published in the order in which they were registered for the examination.”

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Chapter V Clause 19 of the Calicut University First Ordinance, 1978 deals with maintenance of mark books and the same reads thus:

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“A mark book shall be maintained in the University in which the marks secured by each candidate shall be entered in the figures as well as in words. Any correction in the mark book shall be recorded in the register maintained for the purpose by the Controller of Examinations. Corrections made in mark books shall be supported by the initials of the Controller of Examinations and with the seal of the University.”

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From the grounds raised in the writ appeal, it could be deduced that

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various stages are involved in the publication of results and issuance of Provisional Degree Certificate. They are as under:

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(i) After the conduct of improvement/supplementary examinations, marks have to be uploaded by the respective colleges.

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(ii) Marks uploaded have to be entered into a permanent register, by the University.

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(iii) Thereafter, the matter should be placed before the Pass Board to approve the marks and certify for approval.

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(iv) The competent authority i.e. the Syndicate/Sub Committee, after considering the result of the examination, approves the same and finally publishes the results.

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(v) Thereafter, the mark list is prepared, and

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(vi) After publication of the results, mark lists are issued and finally, Provisional Degree Certificate is issued.

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The appellants have also furnished details of the examinations, pending publication of results, which included regular and supplementary examinations, at different stages of LL.B Course.

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Indeed, delay in publication of the revised mark lists and issuance of Provisional Degree Certificate may, consequently result in delay in enrollment of the writ petitioners, and that cannot be the only reason for issuing any direction to the University to publish the revised mark list and to issue the provisional certificate, within three days from the date of receipt of a copy of the impugned judgment dated 24.07.2020, when there are different stages. At this juncture, it is also to be noted that as per the circular dated 3.8.2020, the Vice Chancellor, University of Calicut, has ordered that all the pre-scheduled programmes / meetings (including online) during the period from 3.8.2020 shall be postponed, till further orders/lifting of restrictions of containment zones. For brevity, Circular dated 03.08.2020 is extracted hereunder:

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“Dated: 03.08.2020

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CIRCULAR

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Sub:- University of Calicut - Locking down of the University offices w.e.f. 03.08.2020, as it is included in Containment Zone, till further orders/lifting the restrictions of Containment zone-intimated - Reg.

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Ref:- 1) CMPM/1734/2020-DMI, dated 02.08.2020 2) Note to Dr. Administration No.RS/PS/2020/02, dated

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03.08.2020 from the PA to the Registrar.

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As per the reference cited (1), the District Collector, Malappuram, has declared Kondotty Taluk as Containment zone w.e.f.02.08.2020.

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Since the main offices of the University stipulated in the Chelembra and Pallikal Panchayats, which are included in

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Kondotty Taluk, the Vice Chancellor has ordered to lock down the University offices w.e.f. 03.08.2020, till further orders/lifting the restrictions of Containment zones.

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The essential services, including Security Wing with Ambulance Services, Engineering Departments (Electrical and Water supply only), Finance Wing (only for the purpose of salary disbursement of regular, contract and daily wage basis and pension disbursement section), and campus landscaping with minimal staff shall function as per the discretion of the Controlling Officers concerned, strictly following the COVID-19 Protocol, in order to ensure the uninterrupted service. All the pre-scheduled programmes/meetings (including online) during their period should be postponed till further orders.

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All the employees shall discharge their official duties on a “Work from Home Basis ” and shall attend any emergency duties, assigned to them, on call, by the Controlling officers.

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Jyothi Kumar C., Deputy Registrar”

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As rightly contended by learned counsel for the Calicut University, when several students are waiting for the results, to be published, and when the process of publication of results and issuance of Provisional Degree Certificate involves different stages, and when the University has expressed its difficulty to function with limited staffs, more so in the light of the recent circular dated 3.8.2020, University cannot be said to have delayed the publication of results of respondents 1 to 7, who had taken up the supplementary examination.

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It is also to be noted that the internal improvement examination January-2020 has no exception to the case on hand. Many of the results of examinations, which are notified before the internal improvement examination

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January-2020, are pending for publication, due to unexpected lockdown in consequence to the Pandemic COVID-19.

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From the grounds raised in the writ appeal, it could be deduced that there is no intentional delay on the part of the Calicut University in publishing the results and consequently issuing the Provisional Degree Certificates. COVID-19 pandemic has delayed the work of many institutions/bodies, and university is not an exception in the matter of conducting examinations and publication of results.

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As regards the contention of the respondents 1 to 7/writ petitioners that the Hon'ble Chief Minister has made a statement to the effect that, instead of declaring the whole ward as a containment zone, the immediate locality of primary and secondary contacts will now be marked separately and restrictions would be imposed in the places, we are of the view that no proceeding is placed before us to substantiate the same, however on the other hand we were apprised us of the guidelines dated 02-08-2020 discussed above, by the counsel for the appellant, issued by the appropriate authority accordingly. De hors the above, the procedure contemplated under the Statute as regards publication of results and awarding of provisional or final Degree Certificate, has to be followed, and given within the shortest time of three days from the date of the judgment impugned, even in the normal circumstances, it would be a uphill task for the University of Calicut, more so, during the COVID-19 pandemic.

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The 1^st relief sought for in the writ petition is for a direction to the University of Calicut, represented by its Registrar, to issue the Provisional Course Certificate of the writ petitioners, who are qualified for the same, after attending the improvement of Internal Assessment marks of B.B.A., LL.B (Hons) and LL.B (3 year Unitary) exams, January, 2020, on or before 29.07.2020. There is no prayer directing the University of Calicut to issue a Provisional Degree Certificate.

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Though the respondents 1 to 7/writ petitioners in I.A. No.1 of 2020 have submitted that it was an inadvertent mistake and prayed for necessary amendment, at the stage of this writ appeal, citing Rule 159 of the Rules of the High Court of Kerala, 1971, we are not inclined to allow the said application for any amendment, for the reason that both in the main prayer, as well as in the interim prayer, writ petitioners have sought for issuance of Provisional Course Certificate by the Calicut University. Intention could be for the prayer directing the University of Calicut to issue Provisional Degree Certificate, but without there being a prayer, the writ court has directed the University to issue Provisional Course Certificate to the respondents 1 to 7/writ petitioners. On the day, when the writ petition was disposed of, there was no such prayer and, therefore, we are of the view that the judgment is incorrect.

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Though a contention has been raised that the defect was not pointed out during the pendency of the writ petition and raised for the first time in the writ appeal, such a contention cannot be countenanced. The writ petitioners/

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W.A.No.973 of 2020

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respondents 1 to 7 have not only sought for an amendment in the prayer to the writ petition, but also sought for amendment in the Statement of facts, supporting a new prayer, by way of an interim application. In such a view of the matter, I.A. No.1 of 2020 is dismissed.

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For the foregoing reasons, judgment dated 24.07.2020 in W.P.(C) No.14094 of 2020 is set aside. Writ appeal is allowed. However, we may only observe that University of Calicut may consider taking up the process stated above, for publication of results, with respect to those candidates, who have already completed their course and awaiting for results, in the supplementary examination, to pursue their career, as expeditiously as possible.

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Sd/S.MANIKUMAR CHIEF JUSTICE

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Sd/-

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SHAJI P. CHALY JUDGE

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Krj

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//TRUE COPY//

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P.A. TO C.J.