Lakshmi A.B. and others v. SCMS School of Architecture & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942** ## **WP(C).No.2373 OF 2020(V)** ## **PETITIONER:** |**1**|**LAKSHMI A.B.,**| |---|---| ||**AGED 22 YEARS**| ||**REG.NO.16056037, 8TH SEMESTER STUDENT,**| ||**SCMS SCHOOL OF ARCHITECTURE, KARUKUTTY,**| ||**D/O.BALACHANDRAN C.R., RESIDING AT AIRANIKKATTIL(H),**| ||**PERUVA P.O., KUNNAPPILLY, KOTTAYAM - 686 610.**| |**2**|**HARISH DAS T.P.,**| ||**REG.NO.16056032, 8TH SEMESTER STUDENT,**| ||**SCMS SCHOOL OF ARCHITECTURE, KARUKUTTY,**| ||**S/O.HARIDASAN T.P., RESIDING AT THEKKEPURAKKAL (H),**| ||**THEKKUMMURI (P.O.), TIRUR - 5,**| ||**MALAPPURM - 676 105.**| |**3**|**NARAYANAN J.,**| ||**REG.NO.16056046, 8TH SEMESTER STUDENT,**| ||**SCMS SCHOOL OF ARCHITECTURE, KARUKUTTY,**| ||**S/O.JEE G., RESIDING AT LAKSHMI (H),**| ||**KIDANGOOR P.O., VENGOOR, ANGAMALY,**| ||**ERNAKULAM - 683 574.**| ||**BY ADVS.**| ||**SRI.RIJI RAJENDRAN**| ||**SMT.MITHA SUDHINDRAN**| ## **RESPONDENTS:** |**1**|**SCMS SCHOOL OF ARCHITECTURE,**| |---|---| ||**REPRESENTED BY ITS PRINCIPAL,**| ||**VIDYA NAGAR, KARUKUTTY, COCHIN - 683 582.**| |**2**|**MAHATMA GANDHI UNIVERSITY,**| ||**REPRESENTED BY ITS REGISTRAR,**| ||**PRIYADARSHINI HILLS, KOTTAYAM - 686 660.**| |**3**|**THE VICE CHANCELLOR,**| ||**CHAIRMAN BASG, MAHATMA GANDHI UNIVERSITY,**| ||**PRIYDARSHINI HILLS, KOTTAYAM - 686 660.**| **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **2** **4 CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM - 686 660.** **ADV. SRI.MILLU DANDAPANI SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2021, ALONG WITH WP(C).3090/2021(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942** ## **WP(C).No.3090 OF 2021(I)** ## **PETITIONER:** |**1**||**LAKSHMI A.B.**| |---|---|---| |||**AGED 23 YEARS**| |||**REG.NO.16056037, 10TH SEMESTER STUDENT**| |||**SCMS SCHOOL OF ARCHITECTURE, KARUKUTTY,**| |||**D/O.BALACHANDRAN C.R., RESIDING AT AIRANIKKATTIL(H)**| |||**PERUVA P.O., KUNNAPPILLY, KOTTAYAM - 686 610.**| |**2**||**HARISH DAS T.P.**| |||**REG.NO.16056032, 10TH SEMESTER STUDENT**| |||**SCMS SCHOOL OF ARCHITECTURE, KARUKUTTY,**| |||**S/O.HARIDASAN T.P., RESIDING AT THEKKEPURAKKAL (H),**| |||**THEKKUMMURI (P.O.), TIRUR - 5,**| |||**MALAPPURAM - 676 105.**| |**3**||**NARAYANAN J.**| |||**REG.NO.16056046, 10TH SEMESTER STUDENT**| |||**SCMS SCHOOL OF ARCHITECTURE, KARUKUTTY,**| |||**S/O.JEE G., RESIDING AT LAKSHMI (H),**| |||**KIDANGOOR P.O., VENGOOR, ANGAMALY,**| |||**ERNAKULAM - 683 574.**| |||**BY ADV. SRI.RIJI RAJENDRAN**| |**RESPONDENTS**<br>**:**||| |**1**||**SCMS SCHOOL OF ARCHITECTURE**| |||**REPRESENTED BY ITS PRINCIPAL,**| |||**VIDYA NAGAR, KARUKUTTY, COCHIN - 683 582.**| |**2**||**MAHATMA GANDHI UNIVERSITY**| |||**REPRESENTED BY ITS REGISTRAR,**| |||**PRIYADARSHINI HILLS, KOTTAYAM - 686 660.**| |**3**||**THE VICE CHANCELLOR**| |||**MAHATMA GANDHI UNIVERSITY,**| |||**PRIYADARSHINI HILLS, KOTTAYAM - 686 660.**| **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **4** **4 CONTROLLER OF EXAMINATION MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM - 686 660. ADDL. 5 ADDL R5: COUNCIL OF ARCHITECTURE REPRESENTED BY ITS REGISTRAR, INDIA HABITAT CENTRE, CORE 6A, 1ST FLOOR, LODHI ROAD, NEW DELHI-110 003. (IS IMPLEADED AS PER ORDER DATED 09-03-2021 IN I.A. NO.1/2021) ADV. SRI.MILLU DANDAPANI SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY ADV. KUM.S.KRISHNA** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2021, ALONG WITH WP(C).2373/2020(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **5** ## **JUDGMENT** **[ WP(C).2373/2020, WP(C).3090/2021 ] Dated this the 15[th] day of March 2021** These writ petitions are filed with regard to the completion of the B.Arch Course taken by the petitioners. 2. W.P.(C).No.2373 of 2020 was filed by three 8[th] semester students of B.Arch in the 1[st] respondent college. Their contention was that they had cleared all papers in Architectural Design till their 5[th] semester. It is stated that in the 6[th] semester, the results of the internals for the Architectural Design-V paper was published on 02.05.2019 and that the petitioners did not cleared the internals. It is stated that under the provisions of the Minimum Standards of Architectural Education Regulations, 2017, Architectural Design in 6[th] semester is a prerequisite for proceeding to the next semesters. It is stated that on that basis, the petitioners were prevented from being granted promotions to the further semesters and from writing their examinations. **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **6** 3. It is submitted that an interim order was rendered on 28.07.2020 to permit the petitioners to attend the online classes in the 8[th] semester provisionally and subject to further orders in the writ petition. Based on the interim order, the petitioners have completed the 8[th] and 9[th] semester classes. It is submitted that the petitioners have cleared all the examinations in the 7[th] and 8[th] semester examinations and have scored reasonably good marks in the 9[th] semester and are attending the 10[th] semester on the basis of the interim orders of this Court. 4. Detailed counter affidavits have been placed on record in the writ petition. It is contended by the 1[st] respondent that in terms of Ext.R1(d) University Manual, the regulations issued by the University specifies that the petitioners would not be eligible for promotion to higher semesters unless they score 50% aggregate marks in the subject Architectural Design-V in the 6[th] semester. Going by Clause 13 of Ext.R1(d), it is provided that students who could not get minimum marks for Jury even after make up chance have to repeat the course work for the paper along with next batch of students. It is therefore contended that since the petitioners have not secured the minimum **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **7** marks required in Architectural Design-V paper, they are ineligible to continue to the 7[th] , 8[th] and 9[th] semesters or to complete the course. 5. W.P.(C).No.3090/2021 was filed by the petitioners seeking directions to the respondents to allow them to register and attempt the examinations notified by the University. The petitioners also sought directions to the respondents to permit them to attend and complete the final semester online classes. Thereafter, the petitioners have impleaded the Council of Architecture as a party respondent in this writ petition. 6. It is contended by the learned counsel for the petitioners that since the petitioners have actually attended the 7[th] , 8[th] and 9[th] semesters along with their course mates, the only impediment which stands in the way of their completing the course and the declaration of their results is that they have not completed Architectural Design-V in the 6[th] semester and which is subject to internal evaluation. It is submitted that even going by the provisions of the regulations, if the petitioners are permitted to repeat the said course in the 6[th] semester, this issue can be resolved and the petitioners will be able to complete **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **8** the course without further delay. 7. The learned counsel for the petitioners submits that the respondents are duty bound to show some indulgence to the petitioners and to permit them to complete their course at the earliest, since they had failed to secure the required marks only for the Architectural Design-V. 8. The learned counsel appearing for the University contends that the regulations specifically provide that the petitioners could have progressed to the 7[th] , 8[th] and 9[th] semesters only after clearing the Architectural Design-V in the 6[th] semester. It is contended that the Apex Court has considered a similar situation where a student who had not cleared class 9 had been permitted by interim orders to attempt class 10 examinations and had found that such directions should not be issued, taking note of the academic and public interest. Reliance is placed on a decision of the Apex Court in **Regional Officer, CBSE v. K.V.Sheena Peethambaran and others [2003 (7) SCC 719]** . 9. The learned Central Government Counsel appearing for the **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **9** Council of Architecture also submits that going by the Regulations of 2017, the petitioners could have proceeded to the further semesters only after successfully completing the Architectural Design project. It is submitted that the 2017 Regulations specifically provides that permission for students, who have not completed the project, to proceed to further years or semesters is impermissible. However, it is stated that in view of the fact that the petitioners have now completed the 7[th] , 8[th] and 9[th] semesters pursuant to orders issued by this Court, a relaxation can be granted as a one time measure to the petitioners alone without any precedent being set up so that the petitioners will not be put to prejudice and to see that the interim orders of this Court are not rendered completely infructuous. 10. Having considered the contentions advanced on all sides and in view of the interim order rendered by this Court on 28.07.2020 and thereafter in W.P.(C).No.3090/2021, I am of the opinion that the petitioners should be given a chance to complete the course without further loss of time. In view of the fact that the petitioners have failed only for the Architectural Design-V paper in the 6[th] semester, I am of the opinion that they are to be given a further chance to repeat the **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **10** said paper and to submit their thesis/project for evaluation to the 1[st] respondent. 11. In the above view of the matter, this writ petition is disposed of with the following directions: i) The petitioners will be permitted to continue the 10[th] semester classes with the 1[st] respondent college along with their batchmates. ii) Once they complete the 10[th] semester, they will be given a chance by the 1[st] respondent to repeat the course work of Architectural Design-V paper in the 6[th] semester along with the current batch of the said semester. iii) In case they complete the paper and are successful in getting the minimum marks required for a pass in the said paper, their results for the subsequent semesters shall be announced and the petitioners shall be permitted to complete their course on the basis of the directions as above. iv) The petitioners shall pay the fees for attending the course **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **11** for the paper Architectural Design-V in the 6[th] semester to the 1[st] respondent at the appropriate time. 12. It is made clear that these directions are being issued only in the peculiar facts and circumstances of the instant case and shall not be treated as a precedent under any circumstances. These writ petitions are ordered accordingly. **Sd/-** ## **ANU SIVARAMAN** **JUDGE** NP **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **12** ## **APPENDIX OF WP(C) 2373/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TUE COPY OF THE RESULTS PUBLISHED ON 2/05/2019 BY THE 1ST RESPONDENT WITH RESPECT TO INTERNAL MARK.** **EXHIBIT P2 TRUE COPY OF THE RESULTS PUBLISHED ON 06/05/2019 BY THE 1ST RESPONDENT WITH RESPECT TO EXTERNAL MARKS.** **EXHIBIT P3 TRUE COPY OF THE RESULTS OF MAKE-UP JURY DATED 18/06/2019. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 19/06/2019 FILED BY THE 1ST PETITIONER ALONG WITH TRANSLATION. EXHIBIT P5 TRUE COPY OF THE MEMO DATED 02/08/2019. EXHIBIT P6 TRUE COPY OF THE SMS DATED 27/09/2019 SENT TO THE 1ST PETITIONER. EXHIBIT P7 TRUE COPY OF THE EMAIL COMMUNICATION DATED 03/10/2019 ISSUED BY THE 1ST PETITIONER. EXHIBIT P8 TRUE COPY OF THE EMAIL COMMUNICATION ISSUED FROM THE FACULTY DATED 06/10/2019. EXHIBIT P9 TRUE COPY OF THE SPLIT-UP MARKS, ISSUED TO THE 1ST PETITIONER. EXHIBIT P9 (A) TRUE COPY OF THE SPLIT-UP MARKS, ISSUED TO THE 2ND PETITIONER. EXHIBIT P9 (B) TRUE COPY OF THE SPLIT-UP MARKS, ISSUED TO THE 3RD PETITIONER.** **EXHIBIT P10 TRUE COPY OF THE ORDER DATED 19/06/2018 ISSUED BY THE RESPONDENT UNIVERSITY ALONG WITH ITS TRANSLATION. EXHIBIT P11 TRUE COPY OF THE BONAFIDE CERTIFICATES ISSUED TO THE 1ST PETITIONER DATED 02/07/2019. EXHIBIT P11 (A) TRUE COPY OF THE BONAFIDE CERTIFICATES ISSUED TO THE 2ND PETITIONER DATED 14/06/2019.** **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **13** **EXHIBIT P11 (B) TRUE COPY OF THE BONAFIDE CERTIFICATES ISSUED TO THE 3RD PETITIONER DATED 26/06/2019. EXHIBIT P12 TRUE COPY OF THE REMINDER SENT BY THE 1ST PETITIONER DATED 06/01/2020 ALONG WITH ITS TRANSLATION.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R1(a) TRUE COPY OF THE ORDER BEARING NO.533/EI 32/2020/M.G.U. DATED 30.01.2020 PASSED BY THE 2ND RESPONDENT UNIVERSITY REJECTING THE COMPLAINT FILED BY THE PETITIONERS, ALONG WITH ITS TRANSLATION EXHIBIT R1(b) TRUE COPY OF THE INTERNAL MARKS WITH ITS SPLIT UP DISPLAYED ON THE 1ST RESPONDENT COLLEGE'S NOTICE BOARD EXHIBIT R1(c) TRUE COPY OF THE INTERNAL EVALUATION REPORT ENTAILING INFORMATION WITH REGARD TO THE PETITIONERS EXHIBIT R1(d) TRUE COPY OF THE RELEVANT CLAUSE 13 OF THE MG UNIVERSITY MANUAL EXHIBIT R1(e) TRUE COPY OF THE EMAIL DATED 14.06.2019 SENT BY THE 2ND PETITIONER REQUESTED FOR ISSUANCE OF BONAFIDE CERTIFICATE UPON RECEIVING AN APPOINTMENT FROM INDIGO ARKITECTS, EAST FORT, THRISSUR EXHIBIT R1(f) TRUE COPY OF THE EMAIL DATED 26.06.2019 SENT BY THE 3RD PETITIONER REQUESTED FOR ISSUANCE OF BONAFIDE CERTIFICATE UPON RECEIVING AN APPOINTMENT FROM 'THINK GREEN', ARCHITECTS' CONSORTIUM EXHIBIT R1(g) TRUE COPY OF THE EMAIL DATED 28.06.2019 SENT BY THE 1ST PETITIONER REQUESTED FOR ISSUANCE OF BONAFIDE CERTIFICATE UPON RECEIVING AN APPOINTMENT FROM AR.JAISON JOSEPH EXHIBIT R1(h) TRUE COPY OF THE LETTER BEARING NO.SSAR/03/ 19/1216 DATED 30.08.2019 ADDRESSED TO THE 4TH RESPONDENT** **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **14** **EXHIBIT R1(i) TRUE COPY OF THE LETTER BEARING NO.SSAR/03/ 20/1405 DATED 21.11.2020 ADDRESSED TO THE 4TH RESPONDENT** **EXHIBIT R1(j) TRUE COPY OF THE ORDER BEARING NO.46364/ E132 SO/2019/CE.SECT DATED 28.11.2019, ALONG WITH ITS TRANSLATION, ISSUED BY THE 4TH RESPONDENT** **EXHIBIT R1(k) TRUE COPY OF THE RELEVANT PORTION OF THE ORDER BEARING NO.U.O.NO.6604/AIV/1/ACAD/ 2018 DATED 07.09.2018 ISSUED BY THE 2ND RESPONDENT UNIVERSITY** **EXHIBIT R2(a) A TRUE COPY OF U.O. NO.533/EI32/2020/MGU DATED 30-01-2020 EXHIBIT R2(b) A TRUE COPY OF U.O.NO.6604/AIV/1/ACAD/2018 DATED 07.09.2018** **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **15** ## **APPENDIX OF WP(C) 3090/2021** **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE ORDER DATED 19/06/2018 ISSUED BY THE RESPONDENT UNIVERSITY.** - **EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE (MINIMUM STANDARDS OF ARCHITECTURAL EDUCATION) REGULATIONS 2017.** - **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 28/07/2020 IN W.P.(C) NO.2373/2020 PERMITTING STUDENTS TO ATTEND THE CLASSES.** **EXHIBIT P3(A) TRUE COPY OF THE MODIFIED ORDER DATED 04/08/2020 IN W.P.(C) NO.2373/2020.** - **EXHIBIT P4 TRUE COPY OF THE FINAL MARKS OBTAINED BY THE PETITIONERS FOR THE 8TH SEMESTER AS DECLARED BY THE RESPONDENT COLLEGE.** - **EXHIBIT P5 TRUE COPY OF THE RECEIPT OF PAYMENT OF FEES ISSUED BY THE RESPONDENT COLLEGE TO THE 1ST PETITIONER.** - **EXHIBIT P6 TRUE COPY OF THE RECEIPT OF PAYMENT OF FEES ISSUED BY THE RESPONDENT COLLEGE TO THE 2ND PETITIONER.** - **EXHIBIT P7 TRUE COPY OF THE PAYMENT DETAILS OF THE 2ND RESPONDENT WITH RESPECT TO 9TH SEMESTER.** - **EXHIBIT P8 TRUE COPY OF THE RECEIPT OF PAYMENT OF FEES ISSUED BY THE RESPONDENT COLLEGE TO THE 3RD PETITIONER.** **EXHIBIT P9 TRUE COPY OF THE MARK LIST OF THE 1ST AND 3RD PETITIONERS.** - **EXHIBIT P10 TRUE COPY OF THE MARK LIST OF THE 2ND PETITIONER.** **EXHIBIT P11 TRUE COPY OF THE NOTIFICATION DATED 21/01/2021.** **EXHIBIT P12 TRUE COPY OF THE PAYMENT DETAILS OF THE EXAMINATION FEES OF THE 1ST PETITIONER.** **WP(C).Nos.2373 OF 2020 & 3090 OF 2021** **16** **EXHIBIT P12(A) TRUE COPY OF THE PAYMENT DETAILS OF THE EXAMINATION FEES OF THE 2ND PETITIONER. EXHIBIT P12(B) TRUE COPY OF THE PAYMENT DETAILS OF THE EXAMINATION FEES OF THE 3RD PETITIONER.** **RESPONDENT'S/S EXHIBITS: NIL**