Kerala High Court
Kuruvilla Thomas vs The Controller Of Examinations on 13 March, 2020
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
WP(C).No.7732 OF 2020(N)
PETITIONERS:
1 KURUVILLA THOMAS,
AGED 58 YEARS
S/O.LATE JACOB KURUVILLA,
OTTATHYCAL HOUSE,
CHINGAVANAM P.O.,
NATTAKAM VILLAGE,
KOTTAYAM DISTRICT, PIN - 686 031.
2 LIDHIYA ANNA THOMAS,
AGED 21 YEARS,
D/O.KURUVILLA THOMAS,
OTTATHYCAL HOUSE,
CHINGAVANAM P.O.,
NATTAKAM VILLAGE,
KOTTAYAM DISTRICT, PIN - 686 031.
BY ADV. SRI.P.KURUVILLA JACOB
RESPONDENTS:
1 THE CONTROLLER OF EXAMINATIONS,
M.G.UNIVERSITY,
PRIYADARSHINI HILLS POST,
ATHIRAMPUZHA,
KOTTAYAM DISTRICT, PIN - 686 560.
2 THE VICE CHANCELLOR,
M.G.UNIVERSITY,
PRIYADARSHINI HILLS POST,
ATHIRAMPUZHA,
KOTTAYAM DISTRICT, PIN - 686 560.
3 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT BUILDING,
THIRUVANANTHAPURAM - 695 001.
SR G.P. SRI P.M. MANOJ,
SRI ASOK M. CHERIAN, SC FOR M.G. UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7732/2020(N) 2
JUDGMENT
Dated this the 13th day of March, 2020 The petitioners seeks to direct the respondents 1 and 2 to shift the venue of the final year degree examinations (VI Semester) of the M.G. University scheduled to start on 16.03.2020, from St.Thomas College, Ranny to any other convenient educational institution outside Ranni Taluk. In the alternative, the petitioners seeks to direct the respondents to postpone the final year degree examinations of M.G.University (VI Semester) scheduled to start on 16.03.2020 as per Ext.P1, to such period of time that may be fixed by this Court.
2. The first petitioner is the father of 2 nd petitioner, who is a B.Sc (Physics) final year student of St. Thomas College, Ranny, affiliated to M.G. University. Due to the pandemic of corona virus, which has spread in Pathanamthitta District from Ranny locality, the petitioners apprehend that the conduct of examination in the college in question situated in Ranni town will adversely affect the WP(C).No.7732/2020(N) 3 health of not only the students appearing in the examination but of others also. The petitioners states that, 300 final year students are to take examination. The Government of Kerala as well as the Health Department have issued guidelines requiring to avoid all public gatherings, taking into account the dangerous spread of the corona virus. It is under such circumstances, the petitioners seek either to shift the venue of the college or to postpone the examinations.
3. Heard, the learned counsel for the petitioner, the learned Standing counsel for respondents 1 and 2 and the Government Pleader for the 3rd respondent.
4. The learned Standing counsel for the respondent submits that, the examination was scheduled long back and it will be difficult to postpone the examination at this stage, since it will affect the future of a large number of students. There are other examinations also announced by the University which are taking place in various places in Kerala, including in those areas where the virus fever is already arrived. But taking into a pragmatic view, the University has decided to proceed with the examination at the WP(C).No.7732/2020(N) 4 centres already decided, strictly adhering to the guidelines and advisories issued by the Health Department of the Government of Kerala.
5. In view of the fact that the examination is already scheduled to 16.03.2020, an interim or final order postponing either the venue or the examination will only create chaos among students and parents. Further more, shifting of venue at this belated stage may not be a feasible or practical option due to the short time available for making alternative arrangements. It will still not be helpful to prevent the spread of corona virus. Postponement of Examinations may also affect future prospects of students also. Above all, this is an issue of policy and falls within the realm of the Administration.
6. In view of all the above, this Court is of the opinion that the stand taken by the respondents 1 and 2 are proper and justified. Accordingly, recording the undertaking given by the respondents 1 and 2 that examination will be conducted strictly adhering to the guidelines and advisories issued by the Department of Health, Government of Kerala and taking all such WP(C).No.7732/2020(N) 5 precautions as are possible, the writ petition is closed. The respondents 1 and 2 are directed to co-ordinate with the St. Thomas College, Ranny in implementing the advisories of the Government of Kerala.
Sd/-
N. NAGARESH JUDGE SR WP(C).No.7732/2020(N) 6 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 10/03/2020 PUBLISHED BY FIRST RESPONDENT INDICATING THE TIME TABLES OF VARIOUS DEGREE EXAMINATIONS OF THE M.G.UNIVERSITY GOING TO BE STARTED FROM 16/03/2020.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF THE NEWS REPORTED IN THE MALAYALA MANORAMA DAILY DATED 09/03/2020.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE NEWS REPORTED IN THE MALAYALA MANORAMA DAILY DATED 11/03/2020.
EXHIBIT P4 TRUE COPY OF PETITIONERS' COMPLAINT DATED 11/03/2020 FORWARDED TO THE RESPONDENTS AND TO THE HON'BLE CHIEF MINISTER BY E- MAIL.
SR //True Copy// PA to Judge