High Court of KeralaSingle JudgeWrit petition allowed; Exts. P12, P14, P15 quas...

Sagar A.R et al. v APJ Abdul Kalam Technological University and Others

Case / Petition Number:WP(C) NO. 13509 OF 2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Amit Rawal
Judgment Date
2021-07-27
Court Decision / Holding
Ext.P12, Ext.P14 and Ext.P15 notifications (scheduling pending odd-semester examinations in offline mode) are quashed as ultra vires; examinations for odd semesters S1 and S3 are to be conducted strictly in accordance with UGC guidelines and COVID-19 protocols. All previous S1 and S3 examinations are cancelled. University is directed to publish a new schedule in line with UGC guidelines and to notify students accordingly; an online/alternative valuation option should be considered per guidelines and safety protocols.
Final Disposition
Writ petition allowed; Exts. P12, P14, P15 quashed; University directed to schedule examinations strictly per UGC guidelines and COVID protocols; all prior S1 and S3 examinations cancelled; response shall follow updated guidelines and public notification.

Parties to the Case

Appellants / Petitioners

  • Sagar A.R
  • Gopika Gopan Nair
  • Felix Pyaris
  • Jerin Thomas
  • Ashish Joel Shaju
  • Stebin Philip Biju
  • Ahlam
  • Jibi John

Respondents

  • APJ Abdul Kalam Technological University
  • Controller of the Examination, Office of the Controller of Technical Examinations, APJ Abdul Kalam Technological University
  • University Grants Commission
  • Chief Secretary, State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • T.K.Rajeshkumar
  • • Manoj V George
  • • Aparna Somarajan
  • • Aswin K.R.
  • • Merseena Vincent

Counsels for Respondents

  • • Elvin Peter
  • • Sri. S. Krishnamoorthy (CGC)

Case Synopsis & Summary

This writ petition challenges the decision of APJ Abdul Kalam Technological University to conduct offline end‑semester examinations for odd semesters I and III (B.Tech), despite UGC guidelines issued in July 2021, which the petitioners contend have statutory force for the 2020–21 academic session. Eight students seek to quash the university’s Exhibits P12, P14, and P15 and request alternative modes of assessment (CGPA-based internal evaluation or online exams) or a re-scheduling of exams in line with UGC directives. The university argues that only three examinations remain and that there is no ready online testing software, asserting that the 2021 guidelines cannot help the intermediates and that offline examinations are necessary to ensure proper evaluation. The court recaps the legal framework: APJ Abdul Kalam Technological University Act of 2015; AICTE guidelines; UGC guidelines (2020–21) and the Supreme Court’s decision in 2020 recognizing UGC guidelines as having statutory force. It concludes that the contested offline schedule (Exhibits P12, P14, P15) conflicts with the binding UGC framework and COVID protocols. The judgment quashes these notifications, holds that examinations must be scheduled strictly as per UGC guidelines, cancels earlier S1 and S3 examinations, and directs the university to issue new schedules with public notice, consistent with health guidelines and safety measures.

Provisions of Law Cited

Article 226 of the Constitution of IndiaAPJ Abdul Kalam Technological University Act, 2015UGC Act, 1956 (Section 12)UGC (Minimum Standards of Instruction for the Grant of the Master’s Degree through Formal Education) Regulations, 2003Sub-section (1) of Section 26 of the UGC Act, 1956UGC Guidelines (April 2020; July 2020; July 2021)AICTE Guidelines/Advisories (various dated)

Legal Doctrines & Maxims

  • Guidelines issued by UGC under statutory powers have force; guidelines can be binding on universities when issued under statutory authority
  • Advisory vs mandatory/statutory directions principle; guidelines of 2020–21 prevail for current session
  • Judicial stance that statutory force of UGC guidelines cannot be ignored in the context of COVID-era examinations

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that the university’s decision to hold offline exams for odd semesters I and III violates the binding UGC guidelines for the 2020–21 session and AICTE advisories. They urged adoption of CGPA-based internal assessment or online examinations, or at least re-scheduling examinations online as per UGC directives, to avoid health risks during the COVID-19 pandemic and to ensure fair opportunity for all students.

Contentions of Respondents

The respondents argued that only a few examinations remained, there was no ready online examination software, and offline examinations were necessary to preserve standards. They claimed that the 2021 guidelines could not assist those seeking odd-semester assessments, and that guidelines issued earlier remained advisory subject to AICTE advisories; they emphasized safety protocols and the university’s past practice of offline assessments where necessary.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Praneeth K. v. UGC and Others2020 SCC Online 688PositiveSupreme Court held that UGC guidelines have statutory force; this judgment is cited to support the binding nature of UGC guidelines for the academic session and to guide the court in assessing the university’s actions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **TUESDAY, THE 27[TH] DAY OF JULY 2021 / 5TH SRAVANA, 1943** ## **WP(C) NO. 13509 OF 2021** ## **PETITIONER/S:** 1 SAGAR A.R AGED 20 YEARS S/O. REGI P.H. SEMESTER S4 MECHANICAL ENGINEERING, STUDENT OF MAHAGURU INSTITUTE OF TECHNOLOGY (FORMERLY SVNCE), RESIDING AT KAILASAM, THAMALLACKAL SOUTH P.O., KUMARAMAPURAM, KARTHIKAPPALLY, ALAPPUZHA KERALA 690 548. 2 GOPIKA GOPAN NAIR, AGED 19 YEARS D/O. GOPAKUMAR B, SEMESTER S2, ELECTRONICS AND COMMUNICATION ENGINEERING, STUDENT OF LBS INSTITUTE OF TECHNOLOGY FOR WOMEN POOJAPPURA, RESIDING AT VINEETH BHAVAN, CHIRAYINKEEZH P.O. CHATHANPARA, KALLAMBALAM, THIRUVANANTHAPURAM 695 605. 3 FELIX PYARIS, AGED 19 YEARS S/O. PYARISE GEORGE, SEMESTER SC COMPUTE ENGINEERING STUDENT OF MAR BASELIOUS CHRISTIAN OF ENGINEERING AND TECHNOLOGY, PEERMADE, RESIDING AT EDATHUMPRAYIL (H), MURIKKASSERY, VATHIKUDY, IDUKKI, KERALA 685 604. 4 JERIN THOMAS, AGED 20 YEARS S/O.T. THOMAS, SEMESTER , S4, MECHANICAL ENGINEERING STUDENT OF MAHAGURU INSTITUTE OF TECHNOLOGY , RESIDING T KATTUPARAMBIL JOYVILLA, PERUNGALA P.O. KAYAMKULAM, KERALA 690 559. 5 ASHISH JOEL SHAJU, AGED 20 YEARS S/O. SHAJU WILFRED , SEMETER S4 MECHANICAL ENGINEERING STUDENT OF VALIA KOONAMBAIKULATHAA COLLEGE OF ENGINEERING AND TECHNOLOGY, RESIDING AT SHAJU COTTAGE SARAVANA NAGAR 140B, KOLLAM, KERALA 691 011. 6 STEBIN HILIP BIJU, AGED 20 YEARS S/O. BIJU MATHEW, SEMESTER S4, MECHANICAL ENGINEERING STUDENT OF MAR BAELIOUS COLLEGE OF ENGINEERING AND TECHNOLOGY, RESIDING AT KUTHIRACHIRA PUTHEN VEEDU, KUTHIRACHIRA, PUNALUR P.O. KOLLAM KERALA 691 305. **WP(C) NO. 13509 OF 2021** **2** 7 AHLAM, AGED 20 YEARS D/O.K.M. ABDUL AZEEZ, SEMESTER S4 BIOTECHNOLOGY AND BIOCHEMCIAL ENGG STUDENT OF SREE BUDDHA COLLEGE OF ENGINEERING PATOOR, RESIDING AT WHITE HOUSE CHATTANCHAL P.O. THEKKIL KASARAGOD 671 541. 8 JIBI JOHN, AGED 20 YEARS S/O. JOHN DANIEL, SEMESTER S4 MECHANICAL ENGINEERING STUDENT OF MAR ABSELIOUS COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM RESIDING AT AMBANATTU MELATHIL HOUSE NEAR BHS ADOOR, PATHANAMTHITTA , KERALA 691 523. BY ADVS. T.K.RAJESHKUMAR MANOJ V GEORGE APARNA SOMARAJAN ASWIN K.R. MERSEENA VINCENT ## **RESPONDENT/S:** 1 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY. @ KERALA TECHNOLOGICAL UNIVERSITY CET CAMPUS, ALATHARA RD, AMBADY NAGAR THIRUVANANTHAPURAM , KERALA 695 016. 2 CONTROLLER OF THE EXAMINATION, OFFICE OF THE CONTROLLER OF TECHNICAL EXAMINATIONS, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY @ KERALA TEHCNLOGICAL UNIVERSITY, CT CAMPUS, ALATHARA RD, AMBADY NAGAR, THIRUVANANTHAPURAM KERALA 695016. 3 UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, BAHADUR SHAH ZAFAR MARG, EW DELHI 110 002. 4 CHIEF SECRETARY, CHIEF SECRETARY, STATE OF KERALA THIRUVANANTHAPURAM , KERALA 695 033. BY ADVS. ELVIN PETER P.J. SRI.S.KRISHNAMOORTHY, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 13509 OF 2021** **3** ## **JUDGMENT** The question involved in the present writ petition is whether the action of the respondent University in holding offline examination for I and III semesters in compliance of the UGC guidelines ie., of July 2021 which have a statutory force in view of the judgment of the Supreme Court is justified or not. 2. Eight petitioners have knocked the door of this Court under Article 226 of the Constitution of India for seeking following reliefs: _i) To issue a writ of Certiorari or any other appropriate writ order or direction directing the 1st Respondent, calling for the records pertaining to conduct of Semester I & III of B.TECH examination and quash Exhibit P12 as the same, as illegal, null and void._ _ii) Issue a writ of Mandamus or any other appropriate Writ, Order or Direction restraining the respondents from pursuing any measures in furtherance of Exhibit P12, P14 and P15 respectively._ _iii) a direction to the respondent no.1 and 2 is to adopt the CGPA (Cumulative Grade Points Average) Method and Internal Mark assessment for S-I & S-III (Semester I and III) of the B-tech Course of the petitioners instead of conducting the Physical mode of examination notified as per Exhibit P12, or in the alternative conduct the Examination of S-I & S-III (Semester I and III) of the B-tech Course of the petitioners in Online Mode as mandated by the 3rd respondent UGC after re-scheduling the Examination on an another date scheduled as per Exhibit P14 and 15._ **WP(C) NO. 13509 OF 2021** **4** 3. During the last year 1[st] respondent ie., the University had issued an order dated 3.8.2020 in exercise of powers conferred under the provisions of the A.P.J Abdul Kalam Technological University Act 2015 pertaining to mode of conducting final semester examination through online and blends (online + offline). In fact, All India Council for Technical Education (AICTE) permitted to conduct such examination in new mode in view of the COVID -19 pandemic. Vide order dated 23.12.2020, Ext.P5 University published an abstract for conduct of Lower Semester Examinations of 2019-20 prescribing the manner and procedure for Evaluation and Assessments. It clarified that the performance of the students in lower semester will be computed on the basis of Cumulative Grade Point Average (CGPA). Notification of examination of the 3[rd] semesters was postponed on numerous occasions pertaining to certain grievance including COVID-19 pandemic. For the academic year 2020-21 University published a revised schedule of even semester classes which provided that S-IV classes would commence on 3.5.2021 and **WP(C) NO. 13509 OF 2021** **5** classes to end by August 2021. The second respondent, Controller of the Examination issued a notification dated 18.4.2021 regarding the postponement of the all scheduled examinations of the APJ Abdul kalam Technological University, Ext.P8. 4. Learned counsel appearing on behalf of the petitioners submitted that the entire country hit by the second wave of COVID – 19 laid which caused havoc across many states the students who were in the hostels left for their homes located in and outside Kerala. The Syndicate in meeting held on, 8.6.2021, Ext.P9 decided to adopt internal assessment mode as the first option. But immediately thereafter on 12.6.2021, 1[st] respondent University issued an order stating Semester VIII, B-Tech End Semester Examination for June/July 2021 though online mode, internally, by the colleges. As per the notification dated 30.5.2020 the University provided online services by adopting e-plat-form. 5. To the utter surprise of the students, the University notified conduct of the Semester III examinations from 9.7.2021 for S1 and 13.7.2021 for S3 (2019 scheme) in physical mode even though the threat of COVID - 19 second wave in Kerala is not yet **WP(C) NO. 13509 OF 2021** **6** over by issuing notification scheduling pending examinations (odd semester) in the conventional offline mode, Ext.P12. The aforementioned by issuing notification, Kerala is not yet over against the judgment reported in _**2020 SCC online 688 (Praneeth K. vs UGC and Others)**_ wherein it has been held that the guidelines of the UGC have a statutory force. Vide interim application additional documents have been placed on record for notice of this Court for facilitation as to whether the action of the respondents is in consonance with the UGC guidelines or not. In support of the aforementioned documents, it has been contended that UGC vide communication dated 8.7.2021, Ext.P17 the Vice Chancellor of Kerala Technical University, Thiruvananthapuram was requested to look into the matter and do the needful with intimation to the students, parents finding it difficult to appear for exams. AICTE vide communication dated 8.7.2021, Ext.P19 requested the Vice Chancellor of the University to look into the matter for revoking the decision to conduct 'Offline Examinations' but adopt an alternate option for valuation and assessment owing to the COVID - 19 crisis and its severity in Kerala. But despite that **WP(C) NO. 13509 OF 2021** **7** the University come out with additional instructions to the students for attending the examinations scheduled on 9.7.2021, Ext.P20 by categorizing the students as extracted below: ## **Category of Students Description** Catogery-1 covid-19 positive students Catogery-2 symptomatic students identified at the screening point Catogery-3 students under quarantine and from containment Zones/hotspots Catogery-4 other students 6. The aforementioned action of the University is not in consonance with the UGC guidelines promulgated in July 2021 on examination and Academic Calender in view of COVID - 19 pandemic consisting of the provisions that the guidelines issued earlier would have a force for the current academic session 202021 and only the Terminal Semester/Final Year Examinations (2020-2021) shall compulsorily be conducted in offline (pen & paper)/online/blended (online + offline) mode not later than August 31, 2021 following the prescribed protocols/guidelines related to the COVID - 19 pandemic and as far as other **WP(C) NO. 13509 OF 2021** **8** semesters/year students, assessment shall be done on the basis of internal evaluation and previous semester as suggested in 2020 guidelines. It was also made clear that the guidelines issued on July, 2020 highlighting the modes of teaching, conduct of examinations, importance of physical & social distancing etc., should be read along with the present guidelines and shall mandatorily be followed, subject to the advisories/directives issued by the apex statutory bodies/councils concerned ie., AICTE, NCTE, BCI, NMC, DCI, INC, PCI, AYUSH etc., regarding ‘examinations and academic calendars’. 7. The interim order of this Court dated 7.7.2021 though has protected the students who were unable to take the offline examinations commencing from 9.7.2021, due to COVID related issues, by permitting them to take the next examinations as and when conducted by the University for the very same semester treating the examinations so attempted by them as their 'First Chance'. But the entire examinations are against the statutory guidelines, particularly the directions of AICTE, but there has been no adherence and the examinations are on going. It is not **WP(C) NO. 13509 OF 2021** **9** understood why the University is hell bent to conduct the examination of 1[st] and 3[rd] semester, particularly the COVID cases in Kerala have been increased exponentially. There has been a weekend lock down. The usage of public transport for students for travel to examinations centres also comes not only health issues but a serious logistics issue as only 50% capacity is allowed. 8. On the other hand Sri. Elvin Peter, learned counsel appearing for the University submitted that only three examinations are left. There is no software developed for conducting online examination so far. Though in the past University conducted the 8[th] semester examinations, but there were more shortcomings. Examinations were to be held in December 2019, could not be conducted owing to COVID – 19. For the first-year examination there is no provision of granting grade points and the university would have to take into consideration result of 10+2 examination institution is imparting in the technical engineering course where the students have to have a **WP(C) NO. 13509 OF 2021** **10** practical knowledge and elementary principles of the branch which they have opted for. The notification Ext.P12 was not stayed by this Court though few of the petitioners have taken the examination, in view of the interim order, the students who are unable to take the offline examinations was permitted to sit in the next examination as and when it will be conducted by treating as First Attempt. Thousands of students have already appeared in the examination which is going to finish on 3.8.2021. The guidelines of 2021 would not help the petitioners as it is subject to the advisory and directives of AICTE. There are riders that the higher education institutions can plan for classes, breaks and examination during the period of first October 2021 to July 2022 following the necessary guidelines, directions issued by the Central and State Government and competent authorities from time to time and by following COVID Protocols. In view of the interim order, University caused a press release dated 8.7.2021, Ext.P18 giving chance to the students who could not sit to be treated as a first chance. There is no violation of the order of the Supreme Court as the judgment pertains to academic session **WP(C) NO. 13509 OF 2021** **11** ## 2019-2020. 9. I have heard the learned counsel for the parties and appraised the paper book. The writ petitions referred to in Supreme Court order were directly filed in the Supreme Court except one SLP whereby the guidelines issued by the UGC dated 6.7.2020 directing the universities and colleges across the country to conduct the terminal semester/Final year examinations by 30.9.2020 were challenged with a further relief to declare the result of the students of final year terminal semester examinations on the basis of the past performance/internal assessment and to issue mark sheets/degrees. The other group challenged the decision of the State Disaster Management Authority as well as of the States (State of Maharashtra and State of West Bengal) for not holding final term examination and to comply with the UGC revised guidelines dated 6.7.2020. The University Grants Commission constituted an Expert Committee and on the basis of report submitted by Expert Committee the following Guidelines dated 29.4.2020 were issued. - “ _1. Maintaining the sanctity of academic expectations and_ **WP(C) NO. 13509 OF 2021** **12** _integrity of examination process, the universities may adopt alternative and simplified modes and methods of examinations to process in shorter complete the process in shorter period of time in compliance with CBCS requirements as prescribed by UGC from time to time. These may include MCQ/ OMR based examinations, Open Book Examination, Open Choices, assignment/ presentation-based assessments etc._ _2. The universities may adopt efficient and innovative modes of examinations by reducing the time from 3 hours to 2 hours assigned to each examination, if need arises but without compromising the quality, so that the process may be completed in multiple shifts and, at the same time, sanctity to evaluate the performance of a student is also maintained._ _3. The universities may conduct Terminal / Intermediate Semester 1 Year examinations in offline / online mode, as per their Ordinances/ Rules and Regulations, Scheme of Examinations, observing the guidelines of "social distancing" and keeping in view the support system available with them and ensuring fair opportunity to all students._ _4. Terminal semester year examinations for PG/ UG courses / programmes may be conducted by universities as suggested in the academic calendar keeping in mind the protocols of "social distancing”._ _5. For intermediate semester/year students, the universities may conduct examinations, after making a comprehensive assessment of their level of preparedness, residential status of the students, status of COVID-19 pandemic spread in different region/state and other factors._ _In case the situation does not appear to be normal in view of COVID-19, in order to maintain "social distancing", safety and health of the students, grading of the students could be composite of 50% marks on the basis of the pattern of internal evaluation adopted by the universities and the remaining 50% marks can be awarded on the basis of performance in previous semester only (if available). The internal evaluation can be continuous previous evaluation prelims, mid-semester, internal assignments or whatever progression. name is given for student progression._ **WP(C) NO. 13509 OF 2021** **13** _In the semester situations where or previous year marks are not available, particularly in the first year of annual are pattern of examinations, not 100% evaluation may be internal evaluation. done on the basis of internal evaluation._ _If the student wishes to improve the grades, he/she may appear in special exams for such subjects during next semester._ _This provision for intermediate examinations is only for the current academic session (2019-20) in view of COVID-19 pandemic, while maintaining safety and health of all the stakeholders and sanctity and quality of examinations."_ 10. The aforementioned guidelines were issued with a purpose and object with latitude to chart out their own plan course but that did not meant that the Universities could do it on their own without following the guidelines by considering the directions to be advisory and not mandatory/statutory. In this view of aspect of the matter revised guidelines dated 6.7.2020 were issued granting further time on completion of the examination by 30.9.2020 instead of 31.7.2020 as suggested by 29.4.2020 guidelines. Supreme Court considering the aforementioned guidelines in paragraph 66 held that the subsequent guidelines were issued in exercise of power vested in the Commission under Section 12 of the UGC Act and while exercising the powers under **WP(C) NO. 13509 OF 2021** **14** sub Section (1) of Section 26 of 1956 Act the Regulations namely, ‘the UGC (Minimum standards of Instruction for the Grant of the Master’s Degree through Formal Education) Regulations, 2003’ was promulgated. The statutory Regulation, 2003 categorically provided Universities, to adopt the Guidelines issued by the UGC, ie., it is the statutory duty of the Universities to adopt the guidelines issued by the UGC which cannot be ignored by terming it as non-statutory or advisory. Keeping in view this background, this Court has been called upon to examine the veracity of the impugned notifications dated 25.6.2021 Ext.P12, Ext.P14 and P15 dated 4.7.2021 pertaining to SI and SIII examinations. It is conceded position on record that the University in the past had conducted the online examinations for final year students as they had already secured employment in some institutions. Intriguingly to justify the notification Ext.P12 non availability of software has been made as a shield for conducting offline examinations referred above. No doubt, the notifications was promulgated on 4.7.2021 and the writ has been filed on 5.7.2021 and this Court while entertaining the writ petition on 7.7.2021 passed the **WP(C) NO. 13509 OF 2021** **15** ## following order. “ _Admit._ _Learned Standing Counsel takes notice for respondents 1 and 2. Sr.S.Krishnamoorthi, the learned Standing Counsel takes notice for the 3 respondent learned Government Pleader takes notice for the 4 respondent_ _Post on 23.7.2021._ _It is submitted by the learned Standing Counsel appearing for the respondent University that those students of the odd semesters who are unable to take the offline examinations commencing from 9.7.2021 will be permitted to take the next examinations which are conducted by the University for the very same semester treating the examinations o attempted by then as their first chance."_ 11. It would not make the writ petition redundant or efface any cause of action by protecting the students who were unable to take offline examinations commencing from 9.7.2021 due to COVID related issues. This Court has to examine the decision of the University in a wider spectrum as to whether there has been adherence to the UGC guidelines Ext.P21 dated 16.7.2021 in letter and spirit. It would be axiomatic to extract the relevant clauses of guidelines 2021 and also contents of the letter of UGC dated 8.7.2021, Ext.P17 and letter dated 8.7.2021, Ext.P19 issued by AICTE addressed to the first respondent is extracted herein **WP(C) NO. 13509 OF 2021** **16** below: ## Ext.P17: Letter of UGC dated 8.7.2021 ## F.no.2-41/COMPLAINTS/UGC-SWRO/2021-22 dated 8.7.21 _This office is in receipt of mail from students stating that proposed offline exams for end semester is not conducive and describing thier difficulties in terms of exams_ _We acknowledge the hardship of Institutions in these trying times. At the same time, we request you to consider the difficulties from the students also in terms of exam loads. Due to prevailing COVID pandemic situation, students are finding it difficult to appear for exams. In this context, we trust on your good leadership in resolving such things amicably at the institution itself, as per rules. Hence, you are requested to look into the matter and do the needfull with Intimation to the students, parents and to this office._ ## Ext.P19: Letter of AICTE dated 8.7.2021 ## F.No.AICTE/AB/SWR/Misc/2020-21 dated 8.7.2021 _I am directed to state that Shri Kodikunnil Suresh, Hon'ble Member of Parliament has written letter to the Hon'ble Union Minister for Education for revoking the decision of Abdul Kalam Technological University, Kerala conduct offline examinations and alternate option for valuation and assessment is explored, owing the Covid crisis and its severity in Kerala (Copy enclosed)._ _2. As you know that several students across various universities India are themselves, requesting the Universities to conduct online examination. has brought the notice of AICTE that APJ Abdul Kalam Technological University, Kerala has taken decision to conduct the odd semester pending examinations the conventional offline mode._ _Numerous students perusing their B.Tech course in APJ Abdul Kalam Technological University, Kerala objected the varsity's_ **WP(C) NO. 13509 OF 2021** **17** _decision of holding offline examinations and urged the varsity hold the examinations in online mode._ _Many of the students are yet to be vaccinated and the prospect of students reaching examination venues/centers from zones is extremely difficult. It is also mentioned that Kerala state is yet to arrive at a test positivity rate that is less than five percent so that normally can be assumed. In such situation, when the state facing an extraordinary threat from the second wave of Covid, it will be injustice to subject the students to offline examinations._ _Many of the students from J&K, Ladakh admitted under PMSSS, cannot travel all the way from J&K, Ladakh just for exam. Hence online exam alternative be made available to them or conduct offline for all later._ _6. In view of above, you are requested to look into the matter for revoking the decision to conduct examination and an alternate option for valuation and assessment is explored. owing to the Covid crisis and its severity in Kerala._ ## Clause, Part II of UGC guidelines along with 6 and 7 of Part ## III reads thus: _II. The provisions as contained in the guidelines issued earlier as mentioned above shall apply for the academic session 2020-21. the Terminal Semester/ Final Year be conducted in offline (pen & online blended (online + mode August 31, 2021 following the prescribed guidelines to the COVID-19_ _For intermediate students, assessment shall be based on internal evaluation and previous semester as suggested in 2020 guidelines._ _6. The guidelines issued UGC April 2020, July 2020 highlighting modes teaching, conduct examinations, importance physical social distancing etc. should read along with present guidelines shall remain mandatory, present guidelines shall prevail event any confilict_ **WP(C) NO. 13509 OF 2021** **18** _7. The present guidelines subject issued apex statutory AICTE, NCTE, BCI, NMC, INC, AYUSH etc. regarding examinations and academic calendars._ 12. On juxtaposing of the contents of the letters and UGC guidelines which have a statutory force in view of the judgment of the Supreme Court (supra), University is mandatorily required to apply the guidelines for the current academic session 2020-21 and it is to be applied for terminal semester/final year examinations 2021-22 be compulsorily conducted in offline (pen and paper)/online/blended (online + offline) mode not later than August 31, 2021 but as far as other semesters ie, intermediate semester/year students, assessment shall be based on Internal Evaluation and previous semester as suggested in 2020 guidelines. Clause 7 though has imposed a caveat that it would be subject to the advisories and directives issued by the suggestion of the AICTE. No doubt in the mind of this Court that the action of the University conducting the examination for intermediate semester/year is to do away with the assessment procedure. The University cannot come out with a plea that already substantial portion of the examinations has been held and three examinations **WP(C) NO. 13509 OF 2021** **19** are yet to be held one tomorrow and two are on 31[st] July or 2[nd] and 3[rd] August 2021. No doubt an interest of the certain students have been kept intact relating to COVID protocol but the entire exercise of holding the offline examination is in violation of University guidelines having a statutory force. State of Kerala is under the impact of severe second wave of COVID. Number of cases are not static and nor on a line of reduction but are increasing day by day despite following serious COVID protocol. The conduct of offline examinations may not result into a community infections. There is no mechanism to avoid gatherings before the examinations and after, which would impose a serious health issue. Conducting of offline/physical examination would entail a huge risk of transmission of the virus. No explanation has come forth as to why the University has not taken steps from the date when the UGC had come out with the first guidelines in September 2020. Despite that they could conduct online examination for 8[th] semester. Thus the plea of non availability of software is hereby rejected. The notification Exts.P12, P14 and **WP(C) NO. 13509 OF 2021** **20** P15 are quashed. The conduct of examination for the odd semesters S1 and S3; whatever had been declared by the University is ultra vires and quashed. University is directed to come out with a schedule of examination strictly as per the UGC guidelines keeping in view the COVID pandemic protocol and guidelines in force. University is directed to publish flash message on internet so as to intimate the students that the examination for tomorrow and subsequent also are cancelled. All previous examinations (Semester I and III) are also cancelled. Sd/- sab **AMIT RAWAL JUDGE** **WP(C) NO. 13509 OF 2021** **21** ## **APPENDIX OF WP(C) 13509/2021** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE COLLEGE IDENTITY CARD OF| ||THE 1ST PETITIONERS.| |Exhibit P2|A TRUE COPY OF THE ORDER BEARING NO. U.O.NO.| ||671/2021/KTU DATED 22.04.2021 ISSUE BY THE| ||1ST RESPONDENT ABDUL KALAM TECHNOLOGICAL| ||UNIVERSITY.| |Exhibit P3|THE TRUE COPY OF THE MINUTES AND RESOLUTION| ||DATED 19.05.2021.| |Exhibit P4|TRUE COPY OF THE ORDER ISSUED BY THE ACADEMC| ||SECTION OF THE 1ST RESPONDENT DATED| ||03.08.2020, VIDE ORDER NO. U.O. NO.| ||1101/2020/KTU.| |Exhibit P5|A TRUE COPY OF THE ORDER U.O. NO.| ||1792/2020LTU DATED 23.12.2020 ISSUED BY THE| ||1ST RESPONDENT.| |Exhibit P6|A TRUE COPY OF THE ORDER OFFICE NOTIFICATION| ||DATED 22.03.2021 ISSUED BY THE 1ST| ||RESPONDENT.| |Exhibit P7|A TRUE COPY OF THE CIRCULAR NO. KTU/DIRECTOR| ||(ACADEMIC) 1063/2019 DATED 05.04.2021 ISSUED| ||BY THE 1ST RESPONDENT.| |Exhibit P8|A TRUE COPY OF THE NOTIFICATION NO.| ||KTU/AD(IT)2293/2020 DATED 18.04.2021 ISSUED| ||BY THE 2ND RESPONDENT.| |Exhibit P9|THE TRUE COPY OF THE RELEVANT PAGES OF THE| ||MINUTES AND RESOLUTION ALONG WITH ITS AGENDA| ||INDEX OF THE 23RD SYNDICATE MEETING DATED| ||08.06.2021.| ## **WP(C) NO. 13509 OF 2021** ## **22** |Exhibit P10|A TRUE COPY OF THE U.O. NO. 905/2021/KTU DATED| |---|---| ||12.06.2021 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.| |Exhibit P11|A TRUE COPY OF THE NOTIFICATION KTU/ASST(DMIN)| ||3325/2018 DATED 30.05.2020.| |Exhibit P12|A TRUE COPY OF THE NOTIFICATION KTU/EXE-| ||11#1/5300/2018 DATED 25.06.2021 ISSUED BY THE 1ST| ||RESPONDENT REGARDING THE SCHEDULE OF PENDING| ||EXAMINATIONS (ODD SEMESTER) IN THE CONVENTIONAL| ||OFFLINE MODER.| |Exhibit P13|A TRUE COPY OF THE ORDER NO. U.O. NO. 1012/2021/KTU| ||DATED 30.06.2021 ISSUED BY THE 1STRESPONDENT.| |Exhibit P14|A TRUE COPY OF THE NOTIFICATION KTU/EX-11#1/5300/2018| ||DATED 04.07.2021, ISSUED BY THE 2ND RESPONDENT FOR S-| ||1 EXAMINATIONS TO BE CONDUCTED FROM 09.07.2021.| |Exhibit P15|A TRUE COPY OF THE NOTIFICATION KTU/EX-11#1/| ||5300/2018 DATED 04.07.2021, ISSUED BY THE 2ND| ||RESPONDENT FOR S-III EXAMINATION TO BE CONDUCTED FROM| ||13.07.2021.| |Exhibit P16|A TRUE COPY OF THE ONE OF THE EMAIL REPRESENTATION| ||MADE BYA STUDENT ADDRESSED TO ALL MAJOR OFFICIALS| ||INCLUDING THE 2ND RESPONDENT DATED 25.06.2021.| |Exhibit P17|TRUE COPY OF THE ADVISORY ISSUED BY THE RESPONDENT| ||NO.3 UGC DATED 18/07/2021.| |Exhibit P18|TRUE COPY OF THE PRESS STATEMENT ANNOUNCEMENT DATED| ||08/07/2021 ISSUED BY THE RESPONDENT NO.2.| |Exhibit P19|THE TRUE COPY OF THE ORDER DATED 08/07/2021 ISSUED BY| ||AICTE TO THE 1ST RESPONDENT.| |Exhibit P20|THE TRUE COPY OF THE ADDITIONAL INSTRUCTIONS DATED| ||07/07/2021 ISSUED BY THE RESPONDENT NO.2 REGARDING| ||THE CONDUCT OF EXAMINATIONS.| |Exhibit P21|THE TRUE COPY OF THE GUIDELINES DATED 16/07/2021| ||ISSUED BY THE UGC REGARDING THE CONDUCT OF| ||EXAMINATIONS IN 2021.|