Petitioner, a student seeking examination center in Malappuram, challenged University's decision to restrict exams to within its territorial limits. Court dismissed petition, holding it cannot direct University to create an alias center not conducted by it.
None. Writ petition dismissed.
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 MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.1506 OF 2021(K)
PETITIONER:
SHAMNA SHERIN V. AGED 22 YEARS D/O HAMEED, VARIKKODATH HOUSE, PATHAMPAD, NIRAMARATHUR P.O, TIRUR, MALAPPURAM 676 109
BY ADV. SHRI.NISSAM NAZZAR
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS VICE CHANCELLOR, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM 686 560
R3 BY SHRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.1506 OF 2021
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JUDGMENT
Dated this the 1st day of February, 2021
This writ petition is filed seeking the following reliefs:-
“(a) Issue a writ of mandamus or such other order, relief, or direction, directing the competent amongst the respondents to permit the petitioner to opt for examination centers situated at the nearest distance from the petitioner place of permanent/current residence; within the district of Malappuram.
(b) Issue a writ of mandamus or such other order, relief, or direction, directing the competent amongst the respondents to consider and pass orders on exhibits P2 and P3.”
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lock down and travel restrictions were in place due to the COVID-19 pandemic and that the travel restrictions have now been lifted and that there are no orders issued with regard to permission to take the examinations outside the territorial limits of the University. It is submitted that since the examinations are to be conducted in Colleges within the limits of the University, the petitioner can be permitted to write the examination at any convenient centre, which is available within such limits.
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matter which has to be considered by the University. This Court exercise in jurisdiction under Article 226 of the Constitution of India cannot issue a direction to the University to permit a solitary student to write an examination in a centre where no examinations are being conducted by the University. In view of the contention taken by the Standing Counsel that Ext.P4 was an arrangement made at a time when travel to the normal examination centres had been rendered impossible and since all other students of the University are now being required to take the examinations at the Centres provided by the University within its area of operation, the direction to permit the petitioner alone to attend the examination at an alternate centre cannot be granted. The writ petition, therefore, fails and the same is accordingly dismissed.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/01.02.2021
W.P.(C).No.1506 OF 2021
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SAID NOTIFICATION DATED 01-01-2021 ISSUED BY THE 4TH RESPONDENT EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 1ST RESPONDENT EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P4 A TRUE COPY OF THE CIRCULAR DATED 25-062020 ISSUED BY THE 4TH RESPONDENT.
2 issues framed by the court
Whether the court can issue a direction to the University to permit a solitary student to write an examination at a center outside the University's area of operation.
Whether the practicalities of conducting an examination outside the designated area warrant an exceptional allowance to the petitioner.
1 provisions across 1 enactments
Shamna Sherin v. Aged 22 Years D/o Hameed
Mahatma Gandhi University
The Vice Chancellor, Mahatma Gandhi University
The Registrar, Mahatma Gandhi University
Controller of Examination, Mahatma Gandhi University
The Principal, Government Law College, Ernakulam
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
