Allan Francis, Leo John E.M and Nikhil I.V v. Mahatma Gandhi University and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938** **WP(C).No. 17185 of 2016 (W) ----------------------------** **PETITIONER(S): -------------** **1. ALLAN FRANCIS, AGED 22 YEARS, S/O.T.K.FRANCIS, R/AT THALAKKOTTUR HOUSE, KALLETTUMKARA P.O., THRISSUR DISTRICT - 680 683.** **2. LEO JOHN E.M, AGED 21 YEARS, S/O.JOHN M, RESIDING AT OTTATHENGIL ALUVILA VEEDU, THAZHATHUVADAKKU P.O., ENATHU, KOLLAM DISTRICT - 691 526.** **3. NIKHIL I.V,AGED 22 YEARS, S/O.JAYARAJAN I.V,RESIDING AT RAJBHAVAN, NEERVELI, NIRMALAGIRI P.O., KANNUR DISTRICT - 670 702.** **BY ADV. SRI.P.C.SASIDHARAN** ## **RESPONDENT(S):** - **--------------** **1. MAHATHMA GANDHI UNIVERSITY, PRIYADHARSHINI HILLS P.O., KOTTAYAM DISTRICT - 686 560, R/BY ITS THE VICE CHANCELLOR, MAHATHMA GANDHI UNIVERSITY, PRIYADHARSHINI HILLS P.O., KOTTAYAM DISTRICT - 686 560.** **2. BOARD OF STUDIES IN ENGINEERING (UG), MAHATMA GANDHI UNIVERSITY, PRIYADHARSHINI HILLS P.O., KOTTAYAM DISTRICT - 686 550.** **--2--** **--2--** **WP(C).No. 17185 of 2016 (W) ---------------------------** **3. THE CONTROLLER OF EXAMINATION, B.TECH COURSE, MAHATMA GANDHI UNIVERSITY, PRIYADHARSHINI HILLS P.O., KOTTAYAM DISTRICT,PIN - 686 560.** **4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.** **5. AICTE, COLLEGE OF ENGINEERING, REGIONAL OFFICE, THIRUVANANTHAPURAM, KERALA, PIN - 695 016.** **6. RAJAGIRI SCHOOL OF ENGINEERING AND TECHNOLOGY, RAJAGIRI VALUE P.O., KAKKANADU, KOCHI - 682 030, REPRESENTED BY ITS PRINCIPAL.** **R1-R3 BY ADV. SRI.ASOK M. CHERIAN, SC R4 BY GOVERNMENT PLEADER SRI.V.K.SHAMSUDHEEN R5 BY ADV. SRI.S.KRISHNAMURTHY, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **mbr/** **WP(C).No. 17185 of 2016 (W)** ## **----------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS: -----------------------** **P1 : TRUE COPY OF THE RESULT SHEET OF THE 1ST PETITIONER IN THE VIITH SEMESTER EXAMINATION. P2 : TRUE COPY OF THE RESULT SHEET OF THE 2ND PETITIONER IN THE VIITH SEMESTER EXAMINATION. P3 : TRUE COPY OF THE RESULT SHEET OF THE 3RD PETITIONER IN THE VIITH SEMESTER EXAMINATIONS. P4 : TRUE COPY OF THE NOTIFICATION DT. 05.4.2016 PUBLISHED BY THE 3RD RESPONDENT. P5 SERIES: TRUE COPY OF THE TIMETABLE OF THE VIVA-VOICE, LAB EXAMINATION AND THEORY EXAMINATION OF VIIITH SEMESTER B.TECH DEGREE COURSE. P6 : TRUE COPY OF THE ORDER BEARING NO.UO NO.1768/AIV/1/ACAD/2015 DT. 30.3.2015 ISSUED BY THE 1ST RESPONDENT. P7 : TRUE COPY OF THE COURSE REGULATIONS OF B.TECH DEGREE COURSE (REVISED) (WITH EFFECT FROM 2010 ADMISSIONS). P8 : TRUE COPY OF THE SYLLABUS FOR 1ST AND IIND SEMESTER ISSUED BY HE 1ST RESPONDENT. P9 : TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DT. 02.4.2016 THROUGH PROPER CHANNEL. P10 : TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 2ND PETITIONERS BEFORE THE 1ST RESPONDENT DT. 02.4.2016 THROUGH PROPER CHANNEL. P11 : TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 3RD PETITIONERS BEFORE THE 1ST RESPONDENT DT. 02.4.2016 THROUGH PROPER CHANNEL. P12 : TRUE COPY OF THE JUDGMENT DT 15.4.2016 PASSED BY THIS HONBLE COURT IN WPC 14973/2016. P13 : TRUE COPY OF THE EXAMINATION FEES REMITTANCE RECEIPT OF THE 1ST PETITIONER BEARING NO.0701-2016-51537 DT. 18.4.2016. P13(A): TRUE COPY OF THE EXAMINATION FEES REMITTANCE RECEIPT OF THE 2ND PETITIONER BEARING NO.0701-2016-51539 DT. 18.4.2016. --2--** **--2--** ## **WP(C).No. 17185 of 2016 (W)** ## **---------------------------** **P13(B) : TRUE COPY OF THE EXAMINATION FEES REMITTANCE RECEIPT OF THE 3RD PETITIONER BEARING NO.0701-2016-51538 DT. 18.4.2016. P14 : TRUE COPY OF THE ORDER BEARING NO.ACAIV-EI XVI/2417/2016 DT. 06.5.2016 PASSED BY THE 1ST RESPONDENT. P15 : TRUE COPY OF THE U.O.NO.5975/AIV/1/ACAD/2015 DT. 05.10.2015.** **RESPONDENT(S)' EXHIBITS: NIL -----------------------** **//TRUE COPY//** **P.S. TO JUDGE** **mbr/** ## **A.M. SHAFFIQUE, J.** ## **-------------------------------------** W.P.(C) No. 17185 of 2016 -------------------------------------Dated this the 20[th] day of October, 2016 ## **JUDGMENT** This writ petition has been filed by the petitioners who are B.Tech Mechanical Engineering students. They joined the course in the year 2012 of the 6[th] respondent College, affiliated to the first respondent University. They completed the vivavoce and Lab examination of 8[th] semester were scheduled to conduct from 10[th] May to 13[th] May 2016. The Theory examination of 8[th] semester was scheduled on 25.5.2016. Petitioners submit that they completed the 7[th] semester B.Tech course and they did not get the required marks for internal examination, viz; Seminar. A request was given by a group of students to the University to permit them to write the 8[th] semester examination and to conduct the supplementary examination for the subject 'Seminar'. In fact, third petitioner failed in external examination as well. 2. The University considered the matter which was W.P.(C) No. 17185 of 2016 -2- placed before the Board of Studies and it was held that as per the course Regulation of B.Tech Degree with effect from 2010, the criteria for pass “for Seminar, Project and Viva-Voce, the minimum for a pass shall be 50% of the total marks assigned to the respective examinations”. Since seminar and project in the 7[th] and 8[th] semester are having purely internal evaluation. If a candidate has not secured the pass minimum, he should repeat the respective semesters in total, which will be applicable to all subjects with only internal evaluation. Petitioners submitted a representation against the same. There is no Regulation which warrants further conduct of the 7[th] semester course. Since the petitioners failed only in one subject, for which an opportunity should be granted to write the supplementary examination. 3. Petitioners also approached this Court by filing W.P. (C) No.14973 of 2016 which was disposed of by the judgment dated 15.4.2016 directing the University to consider the claim of the petitioners. However, again by Ext.P14 order dated W.P.(C) No. 17185 of 2016 -3- 6.5.2016, the Vice Chancellor has rejected the request of the candidates to present the seminar of the 7[th] Semester as supplementary candidates. Petitioners challenge the same _inter alia_ contending that the Regulations which are produced as Ext.P7 does not contain any such restriction. The only restriction is for attending the 8[th] semester classes is that the students should have passed in all subjects in the first and second semester in full. It is stated that the minimum for pass is specified under Regulation 9 of Ext.P7 which reads as under: “ **9. Minimum for Pass:** A candidate shall be declared to have passed in an individual subject of a semester examination if he/she secures not less than 40% marks for the subject in the University examination and not less than 50% of the total marks of the subject _ie, university examination marks and sessional marks in that subject put togather_ . A candidate shall be declared to have passed in a semester examination in full in first appearance (first registration is considered as first appearance) if he satisfies the above criteria for each theory and practical subject. Candidates will be assigned grades according to the marks scored. W.P.(C) No. 17185 of 2016 -4- For Seminar, Project and Viva Voce (in 8[th] semester), minimum for a pass shall be 50% of the total marks assigned to the respective examination. If a candidate has passed all examinations of B.Tech. Course (at the time of publication of results of eighth semester) except Viva-Voce in the eighth semester, a re-examination for the Viva-Voce should be conducted within one month after the publication of results. Each candidate apply for this 'Save a Semester examination' within one week after the publication of eighth semester results.” Further, eligibility for promotion to higher semester is dealt with at Regulation 15 and registration for end semester examination is dealt with Regulation 16, which reads as under: “ **15. Eligibility for Promotion to Higher Semester- Procedure for completing the course** :- (a) A student who has secured 75% of attendance and has exhibited satisfactory progress in the class will be eligible for promotion to the next higher semester. (b) However, before being admitted to the VIII semester classes, the student should have passed in all subjects in the combined first and second semester examination in full. **Note** : As this is an academic prerequisite, no exemption W.P.(C) No. 17185 of 2016 -5- should be granted in this case, whatever be the causes. A candidate shall complete the programme and pass all examinations within Eight (8) years since his first admission to the B.Tech programme.” ## “ **16. Registration for end Semester examination:** Every candidate should register for all subjects of the Semester-End examinations of each semester. A candidate who does not register will no be permitted to attend the Semester-End examinations; he/she shall not be permitted to attend the next semester. A candidate shall be eligible to register for any higher semester (ie. 3[rd] semester onwards) if he/she has satisfactorily completed the course of study and registered for the examination of the immediate previous semester. He/she should register for the semester at the start of the semester before the stipulated date. University will notify the starting and closing date for each semester.” 4. It is therefore submitted that there is no procedure or Regulation by which such a restriction can be imposed on the petitioners in terms of Exts.P6 and P14. 5. Heard the learned counsel appearing for the petitioners and the learned Standing Counsel appearing for the W.P.(C) No. 17185 of 2016 -6- respondent University. 6. Learned Standing Counsel appearing for the University submits that the third petitioner had not passed the theory paper and internal. Petitioners have also to pass the theory paper as well in addition to the internal examination. 7. Learned counsel for the petitioners submits that even in the absence of Regulations, the University will have to modulate methods for the candidates to write the examinations. If a person does not get the minimum marks in internal examinations, especially for 'seminar', he will have to repeat the exam and not the entire course. 8. Learned counsel for the petitioners also places the reliance upon the judgment of this Court in **Geethu v. Kerala University of Health Sciences [2016 (2) KLT 205]** . 9. I do not think that there is any necessity to go into the legal aspects involved in the matter. Presently, the Regulations framed in the matter does not contain any provision by which the petitioners should be called upon to W.P.(C) No. 17185 of 2016 -7- attend the 7[th] semester course once again including internal. In the absence of any such restrictions, necessarily, if the candidates failed in any subject including the internal, supplementary examination ought to be conducted, other than that it was not proper on the part of the University to have directed them to redo the 7[th] semester course. In the said circumstances, I am of the view that this writ petition is only to be allowed and the following directions are issued: (i) It is declared that the petitioners are not entitled to redo the 7[th] semester course, the University shall conduct a supplementary examination for internal, in which the petitioners had failed. (ii) The results of the 8[th] semester examination, while the petitioners have undertaken by virtue of the interim order passed by this Court, shall be published. **Sd/A.M. SHAFFIQUE JUDGE** Scl/20.10.2016