Disposed

Bennet Angus Raj v. Calicut University

Kerala HC7 Oct 2021WA/1295/2021

Case brief

AI extract

What is this about?

, the High Court disposed of the writ appeal challenging the cancellation of supplementary exams by the University of Calicut. The Court observed that while it agreed with the objection regarding the reason for cancellation, directions were not issued due to statutory constraints and the passage of time. The observation in the impugned judgment regarding the Covid-19 pandemic was rescinded.

What did the court decide?

, the writ appeal is disposed of as above. The observation in the impugned judgment regarding the Covid-19 pandemic is rescinded. Pending interlocutory applications stand closed.

Bennet Angus Raj Vs Calicut University — Education and Admissions | Kerala HC (2021)

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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 7TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943
WA NO. 1295 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 11221/2021 OF HIGH COURT OF KERALA, ERNAKULAM

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APPELLANT/PETITIONER:

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BENNET ANGUS RAJ
AGED 26 YEARS, S/O ANGUS DEVA RAJ,
RAJ GARDENS, ATTAPALLAM P.O,
KUMILY, IDUKKI DISTRICT-685 509.

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BY ADVS.
MILLU DANDAPANI
RAMEEZ NOOH
SIRAJ ABDUL SALAM

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RESPONDENTS/RESPONDENTS:

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1UNIVERSITY OF CALICUT,
TIRUR-CALICUT ROAD,
THENHIPALAM, KERALA-676 635,
REPRESENTED BY ITS REGISTRAR.

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2 CONTROLLER OF EXAMINATION PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT, THENHIPALAM P.O, MALAPPURAM-676 635.

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3 PRINCIPAL GOVERNMENT ENGINEERING COLLEGE, RAMAVARMAPURAM ENGINEERING COLLEGE P.O, THRISSUR, KERALA-680 009.

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SRI.P.C.SASIDHARAN, SC FOR R1 AND R2,
SRI.A.RAJESH, SPL. GP FOR R3

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.10.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1295 of 2021

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JUDGMENT

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Dated this the 7^th day of October, 2021

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S.Manikumar, C.J.

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Being aggrieved by the judgment in W.P.(C)No.11221 of 2021 dated 07.07.2021 by which the writ court declined to quash Exhibit P7, instant writ appeal is filed.

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Short facts leading to the filing of the writ petition are as hereunder:

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The petitioner was a B.Tech student in Government Engineering College, Thrissur, for the academic year 20132017 under the Production Engineering 2009 Scheme. The petitioner has successfully completed the B.Tech Production Engineering course in the year 2017. However, the petitioner had one pending exam paper (Engineering Physics) to successfully graduate the B. Tech Degree in Production Engineering. The petitioner, after the receipt of Ext.P6 provisional hall ticket attended the supplementary examination after long preparation, since the petitioner has to pass the pending supplementary examination before 2021 and cannot afford to lose another chance. To the utter shock and

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W.A.No.1295 of 2021

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surprise to the petitioner, after the examination was conducted, the 2^nd respondent unilaterally published a notification in the 1^st respondent website cancelling all the examination conducted in 2009 scheme-2012-2013 admission I & II Semester B.Tech/Part time B.Tech Supplementary Examination April 2020 on the ground that one college had erroneously opened I & II Semester B.Tech/Part time B.Tech Supplementary Examination Question paper, before the actual time fixed for examination. Respondents 1 and 2 have no allegation that the question paper has been leaked or any malpractice has been reported in that alleged college or any other college under the 1^st respondent university by erroneous opening of the question paper.

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Exhibit P7 notification challenged before the writ court

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reads thus:

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“UNIVERSITY OF CALICUT

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(Pareeksha Bhavan)

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No.12334/EG-I-ASST-2/2017/PB

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Date:17.04.2021

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NOTIFICATION

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It is notified for the information of all concerned that the following question papers of I & II Semester B.Tech / Part

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W.A.No.1295 of 2021

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time B. Tech Supplementary Examinations April 2020 (2009 Scheme – 2012 – 2013 Admissions) conducted from 10-032021 (Wednesday) to 22-03-2021 (Monday) were erroneously opened by an Engineering College and hence the said examinations are cancelled and the re-examinations will be conducted later.

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	Name of Paper	Conducted on
EN/PTEN 09 102	Engineering Mathematics II	10.03.2021
EN/PTEN 09 103	Engineering Physics	15.03.2021
EN/PTEN 09 104	Engineering Chemistry	17.03.2021
EN/PTEN 09 105	Engineering Mechanics	19.03.2021
EN 09 106	Basics of Civil & Mechanical Engineering	22.03.2021
PTEN 09 106	Humanities and Communication Skills	22.03.2021

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Dr.C.C. Babu

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CONTROLLER OF EXAMINATIONS”

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Adverting to the rival contentions, writ court, at paragraph No.4, ordered thus:

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“It is axiomatic that certain question papers were opened in respect of the examination conducted from 10.03.2021 to 22.03.2021. To have the transparency and magnanimity cancellation of examination was inevitable as the possibility of leakage of questions and having known to certain students cannot be ruled out. It is the third chance of the supplementary examination and as the petitioner had failed in first two chances, cannot implore upon the respondents in laying challenge to the cancellation of the examination to make it suitable and to his convenience. In the first week of April second wave of Covid 19 pandemic resurfaced and was more acute than

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W.A.No.1295 of 2021

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the previous one, necessitating the University to cancel all the examinations vide Ext.P8 assigning the reason of acute and rapid increase of Covid 19 pandemic. Such situation had become uncontrollable in order to prevent any fatalities or wide spread of infections. In my view no fault can be found in the impugned decision Ext.P7 cancelling the examination. ”

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Mr. Millu Dandapani, learned counsel appearing for the appellant, submitted that cancellation of the examination was only due to the fact that in some centres, the Superintendents of examination centres had opened the question papers before the schedule of examination, but the writ court erroneously adverted to the fact of second wave of Covid-19 also.

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We are in agreement with the said submission. However, material on record discloses that examination scheduled were cancelled as early as on 17.04.2021 and as on today, the clock cannot be put back.

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However, during the course of hearing of this writ appeal, learned counsel for the appellant submitted that the University of Calicut (respondent No.1) has issued a notification on 04.10.2021 stating that the supplementary examination would be conducted between 20.10.2021 and 26.10.2021. As per the schedule,

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W.A.No.1295 of 2021

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appellant has to take examination in Engineering Physics paper on 22.10.2021.

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Though the learned counsel for the appellant submitted

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that the Calicut University be directed to evaluate and publish the results within a time frame, in the light of the statutory provisions of Calicut University Act, 1975, we are not inclined to issue any directions. However observe that the time limit in the statutory provisions for evaluation and publication of results be adhered to as far as possible. Observation of the writ court as regards the Covid-19 pandemic, is rescinded.

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Writ appeal is disposed of as above.

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Pending interlocutory applications, if any, shall stand closed.

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Sd/-

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S.Manikumar Chief Justice

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Sd/-

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Shaji P.Chaly Judge

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vpv

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//TRUE COPY//

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P.A. TO JUDGE

Bennet Angus Raj v. Calicut University

Case brief

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Bennet Angus Raj v. Calicut University

Case brief

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