The High Court of Kerala dismissed a writ petition and appeals filed by LL.B. students challenging an interim order to conduct semester examinations. The Court held that no further adjudication was必要的 as the examinations had already been conducted.
No further adjudication required as examinations were already conducted; petitions disposed of.
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.
W. A. No. 1148 of 2021 and
W. P. (C) No. 17926 of 2021 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943 WA NO. 1148 OF 2021
AGAINST THE ORDER IN RP 587/2021 OF HIGH COURT OF KERALA
APPELLANT/S:
1 UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O. THENJIPALAM, MALAPPURAM – 673 635
2 REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P. O., THENJIPALAM, MALAPPURAM – 673 635
3 VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., THENJIPALAM, MALAPPURAM – 673 635
4 CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O. THENJIPALAM, MALAPPURAM – 673 635. BY ADV SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
RESPONDENT/S:
1 SREEKUMAR VARMA AGED 53 YEARS, S/O N. KERALA VARMA CHANDRIKA, SIVA TEMPLE, VIYYUR, THRISSUR – 680010 2 NELSON K. D., AGED 55 YEARS, S/O K.J. DEVASSY, KUTTAPPASSERY HOUSE, H. NO. XI/1040, ST. JOHN PATTOM COCHIN 682001.
3 SARITHA K. SATHEESAN, AGED 42 YEARS, D/O T.S. SATHEESAN, PLOT NO. 117, KKF COLONY, ELAMKULAM, ERNAKULAM – 68 020. 4 STATE OF KERALA, REPRESENTED BY THE DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM – 695 001.
W. A. No. 1148 of 2021 and W. P. (C) No. 17926 of 2021 -2-
OTHER PRESENT:
SRI.KALWEESWARAM RAJ FOR R1-R3, SRI.K.P.HARISH, SR GP FOR R4 TO R7
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WP(C).17926/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. A. No. 1148 of 2021 and W. P. (C) No. 17926 of 2021 -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 3RD DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943 WP(C) NO. 17926 OF 2021
PETITIONER/S:
1 SREEKUMAR VARMA AGED 53 YEARS S/O. N.KERALA VARAMA, CHANDRIKA, SIVA TEMPLE, VIYYUR, THRISSUR-680 010 2 NELSON .K.D. AGED 55 YEARS S/O. K.J.DEVASSY, KUTTAPPASSERY HOUSE, H.NO.XI/1040, ST.JOHN PATTOM, CHOCIN-682 001 3 SARITHA K.SATHEESAN AGED 42 YEARS D/O. T.S.SATHEESAN, PLOT NO.117, KCF COLONY, ELAMKULAM, ERNAKULAM-682 020 BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY THULASI K. RAJ UTHARA P. V.
RESPONDENT/S:
W. A. No. 1148 of 2021 and
W. P. (C) No. 17926 of 2021 -4-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2021, ALONG WITH WA.1148/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. A. No. 1148 of 2021 and W. P. (C) No. 17926 of 2021 -5-
J U D G M E N T
S. Manikumar, C. J.
W. P. (C) No. 17926 of 2021 is filed by the second semester
students of 3 year LL.B. Course at Government Law College, Thrissur, for the following reliefs:-
“i. To issue a writ of certiorari quashing Ext. P4 to the extent to which it directs the conducting of First Semester LL.B Unitary Degree (3-year) (2015 scheme - 2020 Admission only) Regular Examination November 2020 in physical mode;
ii. To declare that the First Semester LL.B Unitary Degree (3-year) (2015 scheme - 2020 Admission only) Regular Examination scheduled vide Ext. P4 is liable to be postponed or conducted in online mode in view of the COVID-19 situation in the State;
iii. To issue a writ of mandamus to the respondents 3 to 6 to postpone the First Semester LL.B Unitary Degree (3-year) (2015 scheme – 2020 Admission only) Regular Examination scheduled vide Ext. P4 or to conduct it online;
or
iii. (a) To issue a writ of mandamus directing the respondents 3 to 6 to arrange exam centres in every district accessible to aged students such as the petitioners”
W. A. No. 1148 of 2021 and W. P. (C) No. 17926 of 2021 -6-
to be conducted in offline mode, W. A. No. 1148 of 2021 is filed.
W. A. No. 1148 of 2021 and
W. P. (C) No. 17926 of 2021 -7-
writ appeal, for further adjudication.
Accordingly, W. P. (C) No. 17926 of 2021 and W. A. No. 1148
of 2021 are disposed of.
Sd/-
S. MANIKUMAR CHIEF JUSTICE
Sd/SHAJI P. CHALY JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
W. A. No. 1148 of 2021 and
W. P. (C) No. 17926 of 2021 -8-
APPENDIX OF WP(C) 17926/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE DAILY COVID-19 BULLETIN OF DEPARTMENT OF HEALTH & FAMILY WELFARE AS ON 31.08.2021 OBTAINED FROM THE OFFICIAL GOVERNMENT WEBSITE WWW.DHS.KERALA.GOV.IN Exhibit P2 TRUE COPY OF THE PRESS RELEASE DATED 10.06.2021 ISSUED BY THE BAR COUNCIL OF INDIA Exhibit P3 TRUE COPY OF THE REPRESENTATION BY AMEER FAISAL VIA EMAIL DATED 27.08.2021 Exhibit P4 TRUE COPY OF THE NOTIFICATION DATED 18.08.2021 ISSUED BY THE UNIVERSITY
2 issues framed by the court
Whether to set aside the order directing the first semester LL.B. examinations to be conducted in physical mode.
Whether to direct the conduct of LL.B. examinations in online mode or postpone them due to COVID-19 concerns.
University of Calicut
Sreekumar Varma and Others
State of Kerala
University of Calicut
Nelson K.D.
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
