Jobin Thomas v. Chancellor, University of Kerala and University of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **FRIDAY, THE 21ST DAY OF AUGUST 2020 / 30TH SRAVANA, 1942** ## **WP(C).No.16698 OF 2020(J)** ## **PETITIONER/S:** **JOBIN THOMAS AGED 25 YEARS S/O.THOMAS ALPHOSE, PERIYAMKUNNIL HOUSE, CHERUKOL P.O. MAVELIKKARA, ALAPPUZHA DISTRICT-690 104.** **BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE SRI.A.L.NAVANEETH KRISHNAN** ## **RESPONDENT/S:** **1 THE CHANCELLOR UNIVERSITY OF KERALA, KERALA RAJ BHAVAN, KERALA GOVERNOR'S CAMP P.O. THIRUVANANTHAPURAM-695 009 E-MAIL KERALARAJBHAVAN@GMAIL.COM 2 THE UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695 034, REP BY THE REGISTRAR. R2 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA** **OTHER PRESENT:** **SMT M U VIJAYALAKSHMI -SC FOR CHANCELLOR OF USTY** ## W.P.(C)No.16698/2020 **==> picture [18 x 7] intentionally omitted <==** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2020, THE COURT ON 21-08-2020 DELIVERED THE FOLLOWING:** W.P.(C)No.16698/2020 ..3.. ## **C.S.DIAS, J.** ## **====================== W.P.(C) 16698 of 2020 ====================== Dated this the 21[st] day of August, 2020** ## **JUDGMENT** The petitioner is pursuing his 4[th] semester M.Sc. (Physics) course under the 2[nd] respondent University. 2. The grievance of the petitioner is that, there ─ is inaction on the part of the 1[st] respondent the Chancellor of the University, in considering Exhibit P- 5 representation. Exhibit P-5 representation is filed aggreived by the decision of the 2[nd] respondent in holding the 4[th] semester examination of various Post Graduate courses, without conducting the requisite number of classes, as per Exhibits P-1 Regulation and Exhibit P-1(a) amendment to the Regulation of the University Grants Commission. W.P.(C)No.16698/2020 **==> picture [18 x 9] intentionally omitted <==** 3. The petitioner has contended that the 4[th] semester students have lost several classes due to public holidays and local holidays. There were only 29 actual teaching days in the 4[th] semester till 09.03.2020. From 09.03.2020 onwards, the classes were suspended and on 23.03.2020, the Government declared the National lockdown due to the COVID-19 pandemic. 4. To the shock of the petitioner, on 05.06.2020, the University had issued Exhibit P-2, notifying the 4[th] semester Post Graduate Degree Examinations. As the University had decided to go ahead with examinations, some of the students approached this Court and filed W.P.(C) No.12817 of 2020. This Court by Exhibit P-3 order had declined to stay the conduct of the examinations. However, this W.P.(C)No.16698/2020 **==> picture [17 x 8] intentionally omitted <==** Court directed the Vice-Chancellor of the University, to take a decision on the representation submitted by the students. On 30.06.2020, a day prior to the examinations, Exhibit P-4 press release was publsihed stating that those students who produce letters from the concerned Revenue Officers, certifying that they are in containment zone, would be permitted to write the special examinations. The project work of the petitioner and other students has come to a standstill. The students were directed to submit the project before the college on 15.07.2020 and the same has been forwarded to the University on 20.07.2020. The students were left with no other alternative but to submit the project, as the failure would cause them to lose one valuable The undue haste and year. unyielding stand in the conduct of the examination W.P.(C)No.16698/2020 **==> picture [18 x 8] intentionally omitted <==** has taken a bad edge to the reputation of the University. In the above circumstances, the petitioner and 36 other students have submitted Exhibit P-5 representation to the Chancellor, seeking his interference, against the arbitrary action of the University in holding the examinations in violation of the UGC Regulations. However, there is inaction on the part of the Chancellor in considering Exhibit P-5 representation. Therefore, the Chancellor may be directed to consider Exhibit P-5 as expeditiously as possible. 5. The University has filed a statement through its Standing Counsel. It is, inter alia, contended that a good number of students in the 4[th] semester M.Sc. course have already qualified in UGC/CSIR/NET(JRF) examinations and they have to join for higher studies W.P.(C)No.16698/2020 **==> picture [17 x 8] intentionally omitted <==** within a stipulated time period. In order to overcome the difficulties faced by the students, in the wake of COVID-19 pandemic, the project submission, project evaluation, comprehensive viva etc.,were made online by the University. The students can opt for online or offline modes depending on their convenience. The last date for submission of the project was 13.08.2020 and all the students have already uploaded the projects. Practical examinations have to be conducted in the laboratories only. In view of the pandemic, the Chairman, Board of Examiners was directed to frame the time table from 05.08.2020 so as to complete the entire process by 23.09.2020. The UGC has directed completion of all final semester examinations before 30.09.2020. Unlike the theory examinations, there is no necessity for conducting the W.P.(C)No.16698/2020 ..8.. practical examinations on a single day. 6. The Standing Counsel for the University also filed an additional statement and produced the decision of the Vice Chancellor, pursuant to Exhibit P- 3 order of this Court, which has been produced as Annexure R2-(b). It is also contended that in order to seek a direction to the Chancellor of the University under Section 7(3) of the Kerala University Act, the petitioner is bound to state the facts specifically to convince this Court as to how any of the authorities of the University has not acted in conformity with the provisions of the Kerala University Act, Statutes, Ordinances, Regulations, Rules or byelaws thereunder. 7. The petitioner has filed a reply affidavit. It is, inter aila, contended that it was only pursuant to W.P.(C)No.16698/2020 ..9.. the direction of this Court dated 19.08.2020 that the University has now produced Exhibit R2-(b) order of the Vice-Chancellor. The order would reveal that the University has only considered the case of LLB students and not the grievance of the Post Graduate students. The has made a University casually statement that no colleges have intimated the University that they are unable to cover the prescribed syllabus. The University had issued Exhibit P-8 press release on the next day after Exhibit P-3 interim order stating that special examination would be conducted to all students, who miss the examinations due to the COVID-19 pandemic, on production of certificates from the Revenue authorities. Although the University had contended that it had sent Exhibit R2-(d) to the Counsel for the W.P.(C)No.16698/2020 ..10.. petitioner, the same was not received. The University is bound to follow the UGC Regulations. The Chancellor is duty bound to interfere with the proceedings under Section 7(3) of the Kerala University Act. Hence, the writ petition may be allowed. 8. Heard Shri George Poonthottam, the learned Senior Counsel appearing for the petitioner, Shri. Jaju Babu, the learned Senior Counsel appearing for the 1[st] respondent and Shri. Thomas Abraham, the learned Standing Counsel appearing for the 2[nd] respondent University. 9. The short question that emerges for consideration is whether the petitioner is entitled for a relief to direct the 1[st] respondent to consider and pass orders on Exhibit P-5 representation. W.P.(C)No.16698/2020 ..11.. 10. Section 7(3) of the Kerala University Act, 1974 reads thus:- - "7. xxxx xxxx (3)The Chancellor may, by order in writing, annul any proceeding of any of the authorities of the University which is not in conformity with this Act, the Statutes, the Ordinances, the Regulations, the rules or the bye-laws. Provided that, before making any such order, the Chancellor shall call upon such authority to show cause why such an order should not be made and consider the cause, if any, shown by such authority within a reasonable time.” 11. Section 16 of the Act defines the authorities of the University as follows:- "16.Authorities of the University. The following shall be authorities of the University, namely:- W.P.(C)No.16698/2020 ..12.. - (i) the Senate; - (ii) the Syndicate; (iii) the Academic Council; - (iv) the Faculties; - (v) the Board of Studies; (vi) the Student’s Council; (vii) the Finance Committee; and (viiii)such other boards or bodies of the University as may be declared by the Statutes to be authorities of the University. ## 12. Section 23(xv) reads thus:- "Powers of Syndicate.- Subject to the provisions of this Act and the Statutes, the executive powers of the University including the general superintendence and control over the institutions of University shall be vested in the Syndicate and subject likewise the Syndicate shall have the following powers, namely:- Xxxxx xxxxx xxxxx Xxxxxx xxxxx xxxxx (xv) to conduct University examinations and approve and publish the results thereof;" W.P.(C)No.16698/2020 **==> picture [22 x 9] intentionally omitted <==** 13. It is the case of the petitioner that, pursuant to Exhibit P-3 interim order of this Court, the petitioner and other students had submitted Exhibit P-5 representation before the Chancellor, inter alia, seeking the following reliefs:- - i. To cancel the examinations conducted by the Kerala University for the 4[th] Semester Post Graduate Courses, 2020; - ii. To direct the University to conduct the examinations only after conducting the classes as stipulated by the Annex-A1 UGC Regulations; - iii. To direct the University to ensure that Online classes are conducted for the students by the colleges in order to satisfy the stipulations in Annex-A1 regulations; - iv. To direct the University postpone the practical examinations scheduled from 28.07.2020 and to ensure that the students to get sufficient number of practical classes ## W.P.(C)No.16698/2020 ..14.. before the conduct of practical examinations; v. To direct the University postpone the submission of the project and to ensure that the students has gets sufficient opportunity for their research before the submission of the project works; vi. Any other direction which Your Excellency feels deem fit; However, there is inaction on the part of the 1[st] respondent. Therefore, the 1[st] respondent may be directed to consider Exhibit P-5. 14. The Hon’ble Supreme Court in **Government of India & another vs. P. Venkatesh** [(2019) 15 SCC 613] has deprecated the practice of the High Courts in indulging in ‘representation disposal manthra’ especially when the representation is not sustainable in law. 15. Undisputedly, the petitioner is not a party to W.P.(C)No.16698/2020 **==> picture [22 x 9] intentionally omitted <==** Exhibit P-3 proceedings. It is his case that, despite the interim order passed by this Court, the ViceChanellor has not passed any order. The said contention has been disproved by the production of Annexure R2-(b) order passed by the Vice-Chancellor on the very next day of passing Exhibit P-3 interim order. 16. Section 7(3) of the Act clearly specifies that the Chancellor can annul any proceeding of any of the authorities of the University which is not in conformity with the Act, the Statutes, the Ordinances, the Regulations, the Rules or byelaws. Exhibit P-5 representation is not filed to annul Annexure R-2(b) proceeding. 17. Furthermore, the reliefs sought in Exhibit P- 5 are for similar reliefs as sought in W.P.(C) No.12817 W.P.(C)No.16698/2020 **==> picture [22 x 8] intentionally omitted <==** and 12676 of 2020, which this Court declined to grant in light of a plethora of decisions of the Hon’ble Supreme Court of India. 18. As Exhibit P-5 is not one falling within the purview of Section 7(3) of the Act, the 1[st] respondent is not statutorily bound to consider the said representation. Therefore, Exhibit P-5 is untenable and unsustainable in law. In view of the said finding, the petitioner is not entitled to seek a direction to the 1[st] respondent to consider Exhibit P-5. 19. The learned Senior Counsel appearing for the 1[st] respondent relied on the decision of this Court in **V.N.Rajasekharan Pillai v. Chancellor, M.G. University** [Manu/KE 0777/2001] to fortify his contentions. 20. I also find that the Vice-Chancellor does not W.P.(C)No.16698/2020 **==> picture [21 x 9] intentionally omitted <==** fall within the authorities of the as University provided under Section 16 of the Act and the Syndicate is vested with the power to conduct the examinations of the University as provided under Section 23(15) of the Act. 21. In view of the above findings, I am of the opinion that the petitioner, who is not a party to Exhibit P-3 order and Annexure R-2(b) proceeding, is not entitled to seek a direction to the 1[st] respondent to consider Exhibit P-5 representation. This writ petition fails and is accordingly dismissed. Sd/- ## **C.S.DIAS, JUDGE** kkj/24.08.2020 ..18.. ## W.P.(C)No.16698/2020 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE RELEVANT PORTION OF THE UGC(MINIMUM STANDARDS OF INSTRUCTION FOR THE GRANT OF THE MASTER'S DEGREE THROUGH FORMAL EDUCATION) REGULATIONS, 2003.** - **EXHIBIT P1(A) TRUE COPY OF THE AMENDMENT TO UGC REGULATION PUBLISHED ON THE OFFICIAL GAZETTE DATED 24/5/2014.** - **EXHIBIT P2 TRUE COPY OF THE TIME TABLE FOR THE FOURTH SEMESTER REGULAR AND SUPPLEMENTARY EXAMINATION.** - **EXHIBIT P3** **TRUE COPY OF THE INTERIM ORDER DATED 29/6/20 IN WP(C) NO.12817/2020 PASSED BY THIS HON'BLE COURT.** - **EXHIBIT P4 TRUE COPY OF THE PRESS RELEASE NO.P.R 117/2020 DATED 30/6/20 ISSUED BY THE UNIVERSITY.** - **EXHIBIT P5 TRUE COPY OF THE SUBMISSION SUBMITTED BY THE PETITIONER AND OTHERS THROUGH EMAIL ALONG WITH THE COVERING LETTER DATED 8/8/20.** **EXHIBIT P6 TRUE COPY OF THE TIME TABLE FOR THE PRACTICAL EXAMINATION WHICH IS SCHEDULED FROM 18/8/20.** **EXHIBIT P7 PRINTOUT OF EMAIL COMMUNICATION.** ..19.. ## W.P.(C)No.16698/2020 |**EXHIBIT P8:**|**TRUE COPY OF THE PRESS RELEASE**| |---|---| ||**NO.P.R.117/2020 DATED 30/06/2020**| ||**ISSUED BY THE 2ND RESPONDENT**| ||**UNIVERSITY.**| |**RESPONDENTS' EXHIBITS**|| |**ANNEXURE R2(a)**|**THE TRUE COPY OF THE REVISED**| ||**GUIDELINES ON EXAMINATIONS AND**| ||**ACADEMIC CALENDAR FOR THE UNIVERSITIES**| ||**ISSUED BY THE UNIVERSITY GRANTS**| ||**COMMISSION**| |**ANNEXURE R2(b)**|**THE TRUE COPOY OF THE ORDER DATED**| ||**30.06.2020 PASSED BY THE VICE**| ||**CHANCELLOR IN COMPLIANCE WITH THE**| ||**COMMON ORDER DATED 29.06.2020 IN WP(C)**| ||**NO.12676 OF 2020 AND 12817 OF 2020**| |**ANNEXURE R2(C)**|**THE TRUE COPY OF THE EMAIL SENT BY THE**| ||**UNIVERSITY APPENDING ANNEXURE R2(B)**| ||**ORDER TO THE COUNSEL FOR THE**| ||**PETITIONER IN WP(C) NO.12676 OF 2020**| |**ANNEXURE R2(D)**|**THE TRUE COPY OFTHE EMAIL SENT BY THE**| ||**UNIVERSITY APPENDING ANNEXURE R2(B)**| ||**ORDER TO THE COUNSEL FOR THE**| ||**PETITIONERS IN WP9C) NO.12817 OF 2020**|