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2019 DIGILAW 960 (KER)

Venu R. S/o Radhakrishnan P. v. University of Calicut Rep. by its Registrar

2019-11-15

SHAJI P.CHALY

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JUDGMENT : SHAJI P. CHALY, J. 1. This writ petition is filed by the petitioner seeking the following reliefs: (i) issue a writ of mandamus or such other writ, direction or order compelling respondents 1 and 2 to reschedule the proposed 3rd semester Post Graduate examinations as notified in Exts.P6 and P7 and to conduct the same after completion of the 3rd semester courses conforming to Chapter II of the Calicut University First Ordinances, 1978. (ii) issue such other writ, direction or order as is deemed just and necessary in the facts, features and circumstances of the case. 2. Basic Material facts for the disposal of the writ petition are as follows: Petitioners are the 2018-2020 batch of students undergoing Post Graduate programmes of four semesters in colleges affiliated to Calicut University. As per the Academic-cum-Examination Calendar 2018-2019 published by the University, the 2nd semester for the petitioners was to end on 13.6.2019. According to the petitioners, the 2nd semester of the Post Graduate programme was completed by taking the last written examination held on 27.9.2019 as per the revised schedule and time table published by the 2nd respondent i.e. the Controller of Examinations, evident from Exts.P2 to P4(c). As per the Academic-cum-Examination Calendar 2019-2020 published by the University, the 2nd semester for the petitioners have ended only on 6.11.2019. It is also the case of the petitioners that, sufficient number of classes could not be achieved due to the delay in completing the second semester. In the case of petitioners, the one month vacation at the end of 2nd semester was given up by the University considering the delay that had already occurred and the 3rd semester course was commenced immediately after completing the 2nd semester examinations. 3. As per the notification issued by the 2nd respondent on 31.10.2019, the 3rd semester examinations are to commence from 18.11.2019 onwards, evident from Exts.P6 & P7. The said schedule was fixed without conducting the 3rd semester classes for the PG courses in full duration as mandated as per the terms prescribed in Chapter 2 of the Calicut University First Ordinances, 1978. It is also the case of the petitioners that, the 2nd respondent has re-scheduled the 2nd semester examination for the petitioners as per Exts.P2 to P4(c). It is also the case of the petitioners that, the 2nd respondent has re-scheduled the 2nd semester examination for the petitioners as per Exts.P2 to P4(c). Therefore, the case of the petitioners is that, similarly the 3rd semester examination will have to be re-scheduled to conform to the requirements under Chapter 2 of the Calicut University First Ordinances, 1978. It is also submitted that, if the examinations are conducted in accordance with the schedule from 18.11.2019, it will be unjustified and there will be dilution of academic standards affecting the future of the students including the petitioners. It is thus seeking appropriate directions as specified above, this writ petition is filed. 4. A statement is filed for and on behalf of the 1st respondent University refuting the allegations and claims and demands raised by the petitioners. Among other contentions it is stated that, a permanent academic examination calendar was published in the official website of the University to bring uniformity in the matter of conduct of courses and publishing of its result in all the Universities in the State. The Higher Education Council has issued guidelines to be adopted by Universities concerned and that guidelines are published in the official website of the University on its adoption. It is further submitted that, in terms of the guidelines issued, the University has published the academic calendar, which contains the date of commencement of each semester, date of examination notification, date of end of semester, date of commencement of examination etc. in the beginning of the academic year itself. Therefore, it is contended that, with reference to the Post Graduate Courses of the 3rd semester, as per academic calendar, the classes had commenced from 14.6.2019 and the date of end semester was 6.11.2019 and there is no provision for vacation or study leave prior to examination. It is also submitted that, 92 working days prior to 3rd semester examination was satisfied in the case at hand. That apart it is submitted, the notification notifying the 3rd semester examination was made on 21.9.2019 and by Exts.P6 and P7 what is published is only the time table of semester examination. It is also submitted that, 92 working days prior to 3rd semester examination was satisfied in the case at hand. That apart it is submitted, the notification notifying the 3rd semester examination was made on 21.9.2019 and by Exts.P6 and P7 what is published is only the time table of semester examination. It is also pointed out that, the University on finalisation of the date of examination informed all colleges and each college forwarded attendance list of candidates to University to appear for the examination and that apart, there was no representation submitted by any person for postponing the examination for any valid reasons. Therefore, according to the respondent, on the eve of examination this writ petition is filed and it is also submitted by learned counsel for University that, more than 5000 students have to participate in the examination and only a minor fraction of the same viz. 19 students are before this court seeking postponement of the examination. Therefore, learned counsel for University seeks dismissal of the writ petition. 5. I have heard learned counsel appearing for petitioners Sri. S.M. Prem, learned Standing Counsel for University Sri. P.C. Sasidharan and perused the pleadings and documents on record. 6. The prime contention advanced by learned counsel for petitioners is based on the Calicut University First Ordinances, 1978 and has invited my attention to Chapter II, which deals with academic year, terms, vacations, holidays etc. The statues 1 and 2 there under is relevant to the context, which read thus: Chapter II Academic Year, Terms, Vacations and Holidays 1. Academic year:- Except as otherwise provided in these Ordinances, the academic year for all Colleges affiliated to the University and educational institutions and departments maintained by the University begins on the first of June each year or the next working day if the first of June happens to be a holiday and ends on the 31st March of next year or the previous working day if the 31 March happens to be a Holiday. 2. Terms:- (1) The Academic year shall consist of three terms which shall ordinarily begin and end as follows:- First Terms - June to September, closing with the Onam holidays. Second Term - Re-opening after Onam holidays to the commencement of the Christmas holidays. Third Term - January, to March closing with the long vacation. 2. Terms:- (1) The Academic year shall consist of three terms which shall ordinarily begin and end as follows:- First Terms - June to September, closing with the Onam holidays. Second Term - Re-opening after Onam holidays to the commencement of the Christmas holidays. Third Term - January, to March closing with the long vacation. Explanation I - Long vacation is the period between the end of the third term and the beginning of the first term of the next Academic year. Explanation II - A period not exceeding 15 days shall be allowed for the Onam and Christmas holidays preceding the second and third terms respectively. But these holidays will not be treated as vacation. (2) For the semester course, there shall be four semesters of 5 months duration plus one month vacation at the end of each semester. In the case of the semester system, the academic year shall begin on the first day of June or the next working day if the first of June happens to be a holiday. The academic year shall end on the 31st March or the previous working day if the 31st March happens to be a holiday.” 7. Therefore, it is contended by learned counsel relying upon the said provision that, a clear mandatory procedure is prescribed for the purpose of conduct of course each year and having not achieved the same, the attempt on the part of the University to conduct the examination without attaining course duration period cannot be sustained under law. So also learned counsel has invited my attention to Chapter V and Statutes 1 and 2 thereunder, which read thus: “Chapter V Conduct of Examinations 1. Date, Place, etc. of Examination:- (1) All examinations shall be conducted at such places, at such times and on such dates as the Syndicate may decide from time to time. All list of the Centres at which examinations will be held shall ordinarily be published in the first week of December for the March- April Examinations, and in the second week of June for the September-October Examinations. (2) All examinations shall ordinarily be held twice in the academic year, unless otherwise decided by the Academic Council from time to time. 2. (2) All examinations shall ordinarily be held twice in the academic year, unless otherwise decided by the Academic Council from time to time. 2. Notification of dates - The Controller of Examinations shall notify the last date of receipt of applications for examination together with the prescribed fees, the last date of receipt of Term Certificates, the dates of conduct of examinations and the dates of publication of results.” 8. It is also submitted thereupon that, the mandatory requirements that is to be followed in the matter of conduct of examination is not done and the term certificate is not issued by the colleges to the University. Therefore, according to the counsel, the relief sought for by the petitioners in this writ petition are fully justified and the action of the University being arbitrary and irrational, is liable to be interfered under Article 226 of the Constitution of India. 9. On the other hand learned standing counsel appearing for the University on the basis of the statement submitted and discussed above, submitted that, if the examinations are postponed at the request of the 19 students, it will materially affect the large chunk of students, who are preparing for the examinations. It is also pointed out that, the attempt of the University is to ensure that, at least from the year 2020 the courses are conducted in terms of the time table and the calendar fixed by the University. Apart from the same it is submitted that the colleges have attained 92 attendance per student and has already forwarded the list of students eligible to be participated in the examination and necessary preparations are done by the University and the students are entitled as of right to download the hall tickets through online. 10. Having evaluated the situation and realising the fact that only a few i.e. a very minor fraction of students is before this court in this writ petition and bearing in mind that, there are more than 5000 students are preparing for participating in the 3rd semester examination, I am of the considered opinion that, it may not be appropriate on the part of this court to interfere with at the last stage of the examination. Moreover, the students were well aware in accordance with the calendar fixed that the examinations are scheduled from a particular date for the 3rd semester examination. Moreover, the students were well aware in accordance with the calendar fixed that the examinations are scheduled from a particular date for the 3rd semester examination. Therefore, if the students were really aggrieved consequent to not following the course duration period in contemplation of the First Statute discussed above, the students could have approached this court sufficiently earlier. Moreover if any failure occurred in conducting classes in some of the college for any reason other than the ones approved by the University that shall not in any manner interfere with the academic calendar, because the academic calendar is fixed for the benefit of the student community as a whole under the University and never intended to protect the interest of students in some of the colleges. The calendar is also published to regulate the course proceedings and conduct of the examination, much in advance to the knowledge of all stakeholders and also with the intention of maintaining discipline in the matter of conduct of classes and thereby achieve the target of publication of results in a time bound manner. True, many a time the Universities have failed in maintaining the discipline due to very many reasons, including strikes by the students and staff of the Universities and colleges. Unlike yesteryears the students have to compete globally for higher studies and employment, and therefore, a duty is cast upon all who are associated to co-operate in the academic matters with the avowed and significant object of protecting the interests of the students and thereby the interests of the nation at large. 11. So also I find force in the contention advanced by the learned standing counsel for the University that, these are all purely academic matters and if the court starts interfering in such matters, there will be further delay in the conduct of examinations, publication of results, valuation, revaluation etc. and thereupon the student community is put to serious prejudice in the matter of higher studies outside the State of Kerala and even internationally due to the time bound action of such well reputed colleges and Universities. 12. Taking into account all these aspects, I am of the considered opinion that, this is not a fit case where this court, need exercise the discretionary power conferred under Article 226 of the Constitution of India. Resultantly writ petition fails, accordingly it is dismissed. 12. Taking into account all these aspects, I am of the considered opinion that, this is not a fit case where this court, need exercise the discretionary power conferred under Article 226 of the Constitution of India. Resultantly writ petition fails, accordingly it is dismissed. However, I make it clear that, every endeavour shall be made by the University in order to conduct the classes and the examinations timely so as to protect the interest of the students in future. I also observe that, the University may ensure that, appropriate directions are issued to the colleges to conduct the courses in accordance with the calendar fixed by the University.