Research › Browse › Judgment

Kerala High Court · body

1998 DIGILAW 194 (KER)

Muraleedharan Pillai v. Cochin University

1998-04-21

J.B.KOSHY

body1998
Judgment :- J.B. Koshy, J. Petitioners are B.Tech. Students in the Model Engineering College of first respondent University. They have completed VII Semester. As per Clause 3(2) of Ext. P1 regulation, they should have passed all subjects upto IV Semester for getting promotion to VIII Semester. Admittedly, petitioners have not passed all subjects in IV Semester. Therefore, they are not entitled to get promotion to VIII Semester. It is for the University to frame regulation. In the absence of malafides or arbitrariness this Court cannot interfere in academic matters. In the past if a mistake has been committed or leniency was shown on the facts of a particular year it will not be a licence to commit deviation or error in all future years. In any event, this Court cannot direct the University to admit students violating the Rule or Regulations. It will effect the standard of education and discipline in the institution. In this connection, I refer to the decision of the Supreme Court in State of U.P. v. D.K. Singh (AIR 1987 SC 190), a decision of this Court in Easwaran Namboodiri v, Principal and also the recent decision of the Supreme Court in Central Board of Secondary Education v. Nikhil Gulati and another where the Supreme Court has directed the High Courts not to grant indiscriminately provisional admissions. Court cannot relax norms for promotion unless norms fixed are beyond jurisdiction, or against any rules or regulations. It is well settled that Court shall not interfere in academic matters. University of Mysore v. Govinda (AIR 1965 SC 491). 2. In this case petitioners submit, that they applied for revaluation of papers for which they failed in IV Semester. They expect success and if results of revaluation was published in time there was no difficulty. But there is undue delay in publication of the revaluation results. If it is unduly delayed and finally it is shown that they have passed the subjects on revaluation, for lack of required attendance they cannot write the examination. 3. In these circumstances, I direct respondents 1 to 3 to provisionally allow the petitioners to attend the classes of VIII Semester of B. Tech. course at their own risk. If on revaluation of the papers also they fail in IV Semester, they should discontinue the studies and their attendance in VIII Semester will be treated as nonest for all purposes. In these circumstances, I direct respondents 1 to 3 to provisionally allow the petitioners to attend the classes of VIII Semester of B. Tech. course at their own risk. If on revaluation of the papers also they fail in IV Semester, they should discontinue the studies and their attendance in VIII Semester will be treated as nonest for all purposes. In other words, by admission on the basis of this direction of VIII Semester they will not get any right dehors the rules, if they fail to pass all subjects upto VI Semester examination for which they have applied for revaluation. University is also directed to publish the revaluation results of IV Semester as expeditiously as possible. The Original Petition is disposed of with the above directions.