Allowed

Shahabas Cheriya Kayyath v. University of Calicut

Kerala HC23 Aug 2023WP(C)/11887/2023

Case brief

AI extract

What is this about?

Petitioner B.Arch students challenged rejection of their application to update internal marks for degree completion. The High Court quashed the rejection order, directed respondents to upload marks within one month and issue degree certificates.

What did the court decide?

Quashed Ext.P5; directed respondents to upload internal marks and issue degree certificates within one month.

Shahabas Cheriya Kayyath Vs University of Calicut — Education and Admissions | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 11887 OF 2023

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PETITIONER/S:

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1SHAHABAS CHERIYA KAYYATH
AGED 28 YEARS
S/O.SIDDIQUE PUTHUVADAYIL 'SHUKRIYA', M.S ROAD, P.O
CHIRAKKARA, THALASSERY, KANNUR- 670104 REP. BY HIS
POWER OF ATTORNEY HOLDER, REBEENA THALISH, AGED 47
YEARS. W/O THALISH AHAMMED, 'AYSHAS', BOULWARD ROAD,
NEAR SALAFI MASJID, MANJAKKAL P.O . MAHE, PIN - 673310
2SHAHZAD CHERIYA KAYYATH
AGED 28 YEARS
S/O.SIDDIQUE PUTHUVADAYIL,'SHUKRIYA', M.S ROAD, P.O
CHIRAKKARA, THALASSERY, KANNUR- 670104, REP. BY HIS
POWER OF ATTORNEY HOLDER, REBEENA THALISH, AGED 47
YEARS. W/O THALISH AHAMMED, 'AYSHAS', BOULWARD ROAD,
NEAR SALAFI MASJID, MANJAKKAL P.O . MAHE., PIN - 673310
BY ADVS.

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M.PROMODH KUMAR
MAYA CHANDRAN

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RESPONDENT/S:

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1 UNIVERSITY OF CALICUT REP. BY ITS REGISTRAR, UNIVERSITY CAMPUS, CALICUT UNIVERSITY P.O, KOZHIKODE, PIN - 673635

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2 THE CONTROLLER OF EXAMINATIONS UNIVERSITY OF CALICUT, UNIVERSITY CAMPUS, CALICUT UNIVERSITY P.O, KOZHIKODE, PIN - 673635

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3 THE DIRECTOR KMCT COLLEGE OF ARCHITECTURE, MANASSERY P.O, MUKKOM, KOZHIKODE, PIN - 673602

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BY ADV SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11887 OF 2023

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JUDGMENT

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(Dated this the 23^rd day of August, 2023)

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Petitioners were B.Arch students at the 3^rd respondentCollege during the academic year 2013-18. They have completed the course. The 4^th semester B.Arch examination was held in April 2016. In the said examination, petitioners got 114 and 104 marks for the paper AR 12-41-Architectural Design II External Jury. Therefore, petitioners appeared for the internal examination for the same paper during 2015. Since they did not secure the pass marks for the same, they reappeared for the paper along with their juniors in 2016 and Ext.P1(a) is the internal marks.

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When petitioners applied for the degree certificates, 3^rd respondent noticed that the internal marks of the 5 students including petitioners for the paper-Architectural Design II 2012 scheme has not been updated and therefore, 3^rd respondent

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WP(C) NO. 11887 OF 2023

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requested the 2^nd respondent to update the internal marks of the 5 students. Ext.P2 is the letter issued by the 3^rd respondent to the 2^nd respondent.

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Though a reminder was sent on 11.10.2022, by the 3^rd respondent to the 2^nd respondent, the marks were not uploaded. So, the petitioners filed Ext.P4 representation before the Dean, University of Calicut, which was rejected by Ext.P5. No reason is stated in Ext.P5, for rejection of the internal marks. The omission on the part of the 3^rd respondent in not forwarding the internal marks of petitioners for the examination conducted during 2016, cannot be a reason for the non-issuance of the degree certificates to the petitioners who have completed the course and passed the examination. Ext.P5 is a one-line order without assigning any reason.

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A counter affidavit is filed on behalf of respondents 1

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WP(C) NO. 11887 OF 2023

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and 2, wherein it is submitted that the regular chance of petitioners 1 and 2 in the 4^th semester examinations was in April 2015 and they failed to secure pass grade in subject Architectural Design II and therefore, they applied for supplementary examinations April 2016 along with the junior batch.

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It is also contended that the College had not

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submitted the revised marks on time and it is only after four years, the marks were sent by the College. The request of the petitioners to update the internal marks was received only on 1^st September 2022 and because of the delay in the matter, an explanation is sought for from the College.

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The issue was placed before the Standing Committee on Examinations and the Committee examined the entire aspects of the matter and issued an order dated 25.01.2023.

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WP(C) NO. 11887 OF 2023

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The internal assessment of the candidates has to be made in the prescribed manner and it should be uploaded in time. In the instant case, the revised marks were submitted only after four years. Therefore, the prayer sought in the writ petition cannot be allowed.

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It is a fact that Ext.P1(a) is the revised internal marks obtained by the petitioners in 2016. It is also a fact that the same was not sent by the 3^rd respondent so as to enable the petitioner to obtain the degree certificates. A perusal of Ext.P5 would show that the same is rejected without any valid reason.

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Any delay on the part of the 3^rd respondent cannot be attributed to the petitioners who have passed the paper - Architectural Design II held in 2016 and obtained Ext.P1(a) marks. The 2^nd respondent cannot close his eyes to the difficulties faced by petitioners in obtaining the degree

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WP(C) NO. 11887 OF 2023

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certificates.

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Therefore, I have no hesitation to quash Ext.P5, and I do so. Since Ext.P5 is quashed and petitioners obtained Ext.P1 (a) marks list in 2016, and subsequently completed the course, I don’t wish to remit it for reconsideration. Therefore, there will be a direction to respondents 1 and 2 to upload the internal marks of petitioners and issue the degree certificates within a period of one month from the date of receipt of copy of the judgment.

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The writ petition is disposed of accordingly.

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Sd/-

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BASANT BALAJI JUDGE

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WP(C) NO. 11887 OF 2023

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APPENDIX OF WP(C) 11887/2023

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PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE PETITIONERS' MARK
LIST OF AR 12-41 ARCHITECTURAL DESIGN
II EXTERNAL JURY CONDUCTED ON 22-06-
2015 AND 23-06-2015 FOR B.ARCH [2013
ADMISSION]
Exhibit P1(a)A TRUE COPY OF THE PETITIONERS' MARK
LIST OF ARCHITECTURAL DESIGN II
INTERNAL MARKS DATED 24.06.2016
Exhibit P2A TRUE COPY OF THE LETTER REF NO.
068/KCA/2020 DATED 09-10-2020 ISSUED BY
THE 3RD RESPONDENT TO THE 2ND
RESPONDENT.
Exhibit P3A TRUE COPY OF THE LETTER SEND BY THE
3RD RESPONDENT TO THE 2ND RESPONDENT
DATED 11-10-2022
Exhibit P4A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS BEFORE THE
DEAN, DEPARTMENT OF STUDENTS WELFARE,
CALICUT UNIVERSITY DATED 12-10-2022
Exhibit P5A TRUE COPY OF THE MEMO NO. 122657/BT-
EEIV-ASST-1/2022/PB DATED 25-01-2023
ISSUED BY THE DEPUTY REGISTRAR OF THE
1ST RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R1(A)TRUE COPY OF THE U O NO.128/2023/PB
ISSUED BY THE UNIVERSITY DATED
25/01/2023

Shahabas Cheriya Kayyath v. University of Calicut

Case brief

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Shahabas Cheriya Kayyath v. University of Calicut

Case brief

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