This court confirmed interim directions permitting petitioners to write examinations at specific centres due to unavailability of sub-centers and provided liberty to utilize future special examinations if required.
Petitioners permitted to write at Kottayam Centre; liberty to appear in future special examinations; interim order confirmed and case closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 11TH DAY OF SEPTEMBER 2020 / 20TH BHADRA, 1942
WP(C).No.18239 OF 2020(D)
PETITIONERS:
1 SOORAJ P.R., PUTHENPURAYIL (H), AMBALAVAYAL P.O., WAYANAD.
BY ADV. SMT.A.K.PREETHA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY SRI.THOMAS ABRAHAM, SC SMT. NISHA BOSE SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18239 OF 2020(D)
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JUDGMENT
When this writ petition was considered by me on
07.09.2020, I had indited the following order:
“Sri.Thomas Abraham, learned standing counsel for the 2nd respondent submits that the lack of sub centers, as complained of by the petitioners is no longer relevant, because inter-district travel is now possible. He then adds that, in any event, purely as a gesture of fairness to the students, the University has decided to have additional sub centers at Kottayam and Cherthala, so that the third petitioner can write at Kottayam, while the other two can write in one of the available sub centers. He further submits that a decision has also been taken by the University that, should any student still be unable to write the examinations on account of the Covid - 19 pandemic scenario, the University will conduct special examinations after giving necessary publicity in future. He says that such an examination will be treated as being the preliminary examination and not the supplementary examination.
On hearing Sri.Thomas Abraham as afore, Smt.A.K.Preetha, learned counsel for the petitioner prayed that the University be directed to place the afore submissions on record, so that her clients can be properly consulted.
In the afore circumstances, I adjourn this matter to be called on 11.09.2020, within which time, the University will file a statement with respect to the afore matters.
I further order that the third petitioner will be permitted to write the examination in the Kottayam Centre, the details of which and that of the other additional centers will be published by the University before 5 p.m. today.
I further leave liberty to petitioners 1 and 2 to make an attempt to write their examinations in one of the available centers; but should for any reason, they find themselves unable to do so, then certainly they will be entitled to participate in the special examinations to be conducted in future, as stated by Sri.Thomas Abraham afore.
List on 11.09.2020.”
When this matter was called today, Smt.A.K.Preetha, the
WP(C).No.18239 OF 2020(D)
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learned counsel for the petitioners submitted that no further orders are required and that this writ petition may be closed confirming the afore extracted interim order.
In the afore circumstances, I close this writ petition confirming the directions of this Court on 07.09.2020 but without issuing any further orders.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Stu
WP(C).No.18239 OF 2020(D)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF ORDER NO.403/2020-DM-1(A) DATED 29/8/2020.
EXHIBIT P2 TRUE COPY OF THE PRESS RELEASE ISSUED BY THE 2ND RESPONDENT DATED 26/08/2020.
EXHIBIT P3 TRUE COPY OF COMMON ORDER IN WP(C) NOS.12817 AND 12676 OF 2020 DATED 29/6/2020 AS PUBLISHED IN THE WEBSITE OF THE HIGH COURT OF KERALA.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED THROUGH E-MAIL ON 2/9/2020.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE.
SOORAJ P.R.
DILEEP M. GOVINDHALAYAM
MAHIMA ELIZABETH JOSSY
STATE OF KERALA
UNIVERSITY OF KERALA
CONTROLLER OF EXAMINATIONS UNIVERSITY OF KERALA
DEVAN RAMACHANDRAN
As recorded by the court registry
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