Kerala High Court
Calicut University vs Sreekumar Varma on 8 September, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 8th day of September 2021 / 17th Bhadra, 1943
WA NO. 1148 OF 2021
AGAINST INTERIM ORDER DATED 07.09.2021 IN RP NO. 587/2021 IN W.P.(C)
NO.17926/2021
OF THIS COURT.
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APPELLANTS/RESPONDENT NOS.3 TO 6:
1.UNIVERSITY OF CALICUT,REPRESENTED BY ITS REGISTRAR,
CALICUT UNIVERSITY P.O.,
THENJIPALAM,MALAPPURAM-673635.
2.REGISTRAR,UNIVERSITY OF CALICUT,CALICUT UNIVERSITY P.O.,
THENJIPALAM,MALAPPURAM-673635.
3.VICE CHANCELLOR,UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P.O.,THENJIPALAM,
MALAPPURAM-673635.
4.CONTROLLER OF EXAMINATIONS,UNIVERSITY OF CALICUT,
CALICUT UNIVERSITY P.O.,THENJIPALAM,MALAPPURAM-673635.
BY SRI.P.C.SASIDHARAN, STANDING COUNSEL
RESPONDENTS/REVIEW PETITIONERS & RESPONDENT NOS.1,2,7 & 8:
1.SREEKUMAR VARMA,AGED 53 YEARS,S/O.N.KERALA VARMA CHANDRIKA,
SIVA TEMPLE,VIYYUR,THRISSUR-680010.
2.NELSON K.D.,AGED 55 YEARS,S/O.K.J.DEVASSY,
KUTTAPPASSERY HOUSE,H.NO.XI/1040,ST.JOHN PATTOM
COCHIN-682001.
3.SARITHA K.SATHEESAN,AGED 42 YEARS,D/O.T.S.SATHEESAN,
PLOT NO.117,KKF COLONY,ELAMKULAM,ERNAKULAM-682020.
4.STATE OF KERALA,REPRESENTED BY THE DEPARTMENT OF
HIGHER EDUCATION,SECRETARIAT,THIRUVANANTHAPURAM-695001.
P.T.O.
5.SECRETARY TO GOVERNMENT,DEPARTMENT OF HEALTH &
FAMILY WELFARE,SECRETARIAT,THIRUVANANTHAPURAM-695001.
6.PRINCIPAL,GOVERNMENT LAW COLLEGE,
AYYANTHOLE,THRISSUR-680003.
7.CHIEF SECRETARY,ROOM NO.202,NORTH SANDWICH BLOCK,
SECRETARIAT,THIRUVANANTHAPURAM-695001.
BY ADV.MS.THULASI K.RAJ FOR R1, R2 & R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the interim order dated
7-09-2021 in R.P.No.587/2021 and permit the University to proceed with the
conduct of Examination scheduled, pending final disposal of the Writ
Appeal.
This Writ Appeal coming on for order on 08.09.2021 upon perusing the
appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P2: TRUE COPY OF THE PRESS RELEASE DATED 10.06.2021
ISSUED BY THE BAR COUNCIL OF INDIA.
EXT.P3:TRUE COPY OF THE REPRESENTATION BY AMEER FASAL
VIA EMAIL DATED 27.08.2021.
EXT.P4:TRUE COPY OF THE NOTIFICATION DATED 18.08.2021
ISSUED BY THE UNIVERSITY.
ANNEXURE I:TRUE COPY OF THE ORDER DATED 03.09.2021,
IN SLP(C) 13570/2021 TITLED RASOOLSHAN A.v.
THE ADDL.CHIEF SECRETARY AND OTHERS.
ANNEXURE R3(b):TRUE COPY OF THE UNIVERSITIES HAD ISSUED
THE GUIDELINES ON 16/8/2021 WITH REFERENCE TO
NO.57641/EG-I-ASST-1/2016/PB.A. WITH TRANSLATION.
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S. MANIKUMAR, CJ
&
SHAJI P. CHALY, J
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W.A. No.1148 of 2021
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Dated this the 8th day of September, 2021
ORDER
S. Manikumar, CJ.
By way of today moving, instant writ appeal is filed against the interim order dated 7.9.2021 passed by the writ court in Review Petition No.587 of 2021, staying the three year LL.B Examination to be scheduled from 9th September, 2021 onwards, by recalling the original judgment in W.P.(C) No.17926 of 2021 dated 3.9.2021.
2. Material on record discloses that three students belonging to II Semester of three year LL.B course, Government Law College, Thrissur under the University of Calicut have filed W.P.(C) No.17926 of 2021 for the following reliefs:
(i) To a writ of certiorari quashing Exhibit-P4 notification dated 18.08.2021 issued by the Calicut University, to the extent to which it directs the conducting of First Semester LL.B Unitary Degree (3-year) (2015 Scheme -
2020 Admission only) Regular Examination November, 2020 in physical mode.
(ii) To declare the First Semester LL.B Unitary Degree (3- year) (2015 Scheme - 2020 Admission only) Regular W.A.1148/2021 2 Examination scheduled vide Exhibit-P4 is liable to be postponed or conducted in online mode, in view of COVID-19 situation in the State.
(iii) To issue a writ of mandamus to the respondents 3 to 6 to postpone the First Semester LL.B Unitary Degree (3-year) (2015 Scheme - 2020 Admission only) Regular Examination scheduled vide Exhibit-P4 notification or to conduct it online.
(iv) To issue a writ of mandamus directing the respondents 3 to 6 to arrange exam centres in every district accessible to aged students such as the petitioners.
3. They were aged 53, 55, and 42 years respectively. Citing the number of COVID-19 cases reported, patients hospitalised, the weekly infection population ratio, and a press release dated 10.06.2021 (Exhibit-P2) issued by the Bar Council of India, wherein the Bar Council of India has issued certain directions, W.P.(C) No.17926 of 2021 has been filed on 1.9.2021 for the reliefs stated supra.
4. Having regard to the contentions raised, by judgment dated 3.9.2021, writ court has directed the Vice Chancellor or any authorised representative of the University to treat the writ petition as a representation and find out as to whether it would be feasible to hold simultaneously offline and online examinations of First Semester of W.A.1148/2021 3 three year LL.B Course.
5. Writ court also directed that the said exercise has to be done with immediate effect, within a period of two days on receipt of a certified copy of the judgment dated 3.9.2021 in W.P.(C) No.17926 of 2021.
6. On the basis of an interim order passed by the Hon'ble Supreme Court in S.L.P(C) No.13570 of 2021 dated 3.9.2021, which arose out of the final judgment dated 27.08.2021 in W.P.(C) No.17399 of 2021 passed by this Court, R.P. No.587 of 2021 has been filed on 4.9.2021 seeking to review the directions issued in W.P.(C) No.17926 of 2021 dated 3.9.2021.
7. It is submitted that while entertaining the review petition, the learned single Judge has stayed the conduct of examinations, scheduled for three year LL.B Course. Being aggrieved, instant writ appeal is filed.
8. Inviting the attention of this Court to Annexure-R3(b) notification dated 16.08.2021, issued by Calicut University, Mr. P. C. Sasidharan, learned standing counsel for the Calicut University, submitted that after considering the COVID-19 guidelines issued by the authorities, University has decided to conduct examinations for the law students, and as many as 18 conditions have been imposed, for the W.A.1148/2021 4 conduct of various examinations, by the University.
9. He also submitted that examinations were scheduled to commence from 6.9.2021 to 27.9.2021 for various subjects. Accordingly, the University has issued the notification dated 18.08.2021 (Exhibit-P4) notifying the I Semester LL.B Unitary Degree (3-Year) (2015 Scheme) Regular/Supplementary Examination from 9.9.2021.
10. He also submitted that when the University had already taken a decision to conduct various examinations and consequently, issued notification dated 18.8.2021 at the eleventh hour, three students claiming themselves to be aged about 53, 55 and 42 respectively, have filed Writ Petition No.17926 of 2021 on 1.9.2021 raising the issue of COVID-19 pandemic for the reliefs stated supra.
11. Learned standing counsel for the appellants further submitted that the review petition is filed solely on the basis of the interim order granted in S.L.P(C) No.13570 of 2021 dated 3.9.2021 by the Hon'ble Supreme Court. According to the learned standing counsel, a review petition can be entertained only if there is any error apparent on the face of record. It is his further contention that when the writ court has already directed the Vice Chancellor of the Calicut University or any other authorised representative to decide the feasibility of simultaneously conducting examinations through offline or online, within two days from W.A.1148/2021 5 the date of receipt of a certified copy of the judgment dated 3.9.2021 in W.P.(C) No.17926 of 2021, there is no error apparent on the face of the record warranting interference of the same, by way of a review petition,
12. Inviting the attention of this Court to the order of the Hon'ble Supreme Court in Writ Petition (Civil) No.984 of 2021 dated 6.9.2021 in Sanjana & Ors. v. National Testing Agency (NTA) and Ors., Mr. P. C. Sasidharan, learned standing counsel for the appellants, submitted that though the Hon'ble Apex Court, in the matter of conducting First Year, Higher Secondary Course Examination, in the order dated 3.9.2021 in S.L.P(C) No.13570 of 2021 (Annexure-I), has granted interim stay of the judgment and order of this Court dated 27.08.2021 in W.P.(C) No.17399 of 2021, in the matter of conducting examination for NEET, the Hon'ble Apex Court has declined to grant the relief sought for by the petitioners therein, on the grounds, inter alia, that the interim order passed by the learned Single Judge in NEET case would cause serious prejudice not only to the University, but also to the students who have already prepared for the examinations and that would unsettle the entire examinations' time table of the University.
13. Thus, while the review petitioners placed reliance on the order of the Hon'ble Apex Court in S.L.P(C) No.13570 of 2021 dated 3.9.2021 (Annexure-I), placing reliance on the subsequent order of the Hon'ble W.A.1148/2021 6 Apex Court dated 6.9.2021 in W.P.(C) No.984/2021, learned standing counsel for the appellants/Calicut University contended that the reasoning of the Hon'ble Apex Court, declining to defer NEET examination, squarely applies to the facts of the case on hand.
14. Learned standing counsel for the University of Calicut also submitted that all precautionary steps have been taken in the matter of conducting examinations, as mandated by the Central/State Governments.
15. Inviting the attention of this Court to the age of the writ petitions/ respondents 1 to 3 herein, learned standing counsel for the appellant submitted that as per COVID-19 guidelines, writ petitioners would have had vaccination and many of the students also would have availed the first dose of vaccine or even the second dose.
16. Inviting our attention to the brief note, detailing various examinations conducted by Calicut University during COVID-19 pandemic, learned standing counsel for the Calicut University submitted that fortunately there is no case of any student/staff reported to be infected during the period of examination.
17. Inviting attention of this Court to the representation of Mr.Ameer Fasal, Exhibit P3 dated 27.8.2021, Mr. P.C. Sasidharan, learned counsel for the Calicut University submitted that from the W.A.1148/2021 7 reading of the said representation, nothing could be deduced as to whether Mr. Fasal was a student or not.
18. He further submitted that around more than 800 students are taking part in the examination from tomorrow onwards.
19. He reiterated that the University has conducted many examinations during the pandemic situation, duly observing Covid-19 protocol, guidelines issued by the Univerity and large scale arrangements have been made. Students are from different age groups and merely because three students have approached this Court, writ court ought not have granted an interim order, not to proceed with the examinations.
20. Per contra, Ms. Thulasi K. Raj, learned counsel appearing for respondents made a preliminary objection to the maintainability of the writ appeal, on the ground that this court should not entertain the instant writ appeal without the production of a certified copy of the interim order passed in R.P. No.587 of 2021 dated 7.9.2021 and that it would be an unprecedent event in this court.
21. Notwithstanding the preliminary objection, on the merits of this case, learned counsel for the respondents submitted that unlike the students who take up NEET examination, considered by the Hon'ble Supreme Court in W.P(C) No. 984/2021 dated 6.9.2021, most students W.A.1148/2021 8 who take up law examinations are above the age of 45 years and they are in high risk category.
22. She further stated that all the students do not have the facility of availing private transport and in such circumstances, they would be forced to use public transport to attend examinations conducted in Thrissur, and in such circumstances, there is every likelihood of contracting Covid-19.
23. Learned counsel for the respondents/writ petitioners further submitted that unlike any other examination, so far conducted by the University in respect of various courses, only in this examination, ie., 3 year LLB course to be conducted in physical mode, higher age factor has been taken note of, when the interim order was passed by the learned Single Judge.
24. Learned counsel for the respondents further submitted that in the case on hand, there is an act of indirect discrimination by forceably directing older people, in the high risk group to take up examinations.
25. Learned counsel for the respondents further submitted that the University has not done any assessment as to how many students have been infected, how many areas have been contaminated and such other factors, before scheduling the examination.
26. She further submitted that the students in the higher age W.A.1148/2021 9 group, have to travel, besides sitting for three hours in the examination hall, endangering their lives.
27. While taking up administrative task of conducting examinations, lives of students, aged persons should not be ignored. For the above said reasons, she prayed, not to entertain the writ appeal.
28. Though the learned counsel for the respondents made preliminary objections for entertaining the writ appeal against an interim order, without production of the copy of the same, considering the fact that the examination is scheduled from tomorrow onwards, arrangements made for the said purpose, interests of several students, who have already prepared for the examinations and of the fact that the interim order has been passed only on 7.9.2021 after noon, and taking note of the contents of the averments made in the writ appeal, along with the documents produced, when a today moving oral request was made, we granted permission.
29. In a similar situation, we have already admitted a writ appeal and granted interim stay of the directions issued, which fact has also been taken note by the learned Single Judge vide judgment in W.P(C). No.13509 of 2021 on 27.7.2021. At this juncture, it is also worthwhile to extract the observations of learned Single Judge while disposing of the writ petition on 3.9.2021, giving directions:
W.A.1148/202110
However, the aforementioned order is under stay by the Division Bench. It is next contended that stay of the order does not amount to quashing of the order and this Court can always examine the attenuating circumstances, ie., the age of the writ petitioners belongs to."
30. As stated supra, exigencies warranting entertainment of appeals, without production of the certified copy of the order in the review petition are set out in the foregoing paragraphs.
31. For the reasons stated, we deem it fit to entertain the instant writ appeal and proceed further.
32. Heard learned counsel for the parties and perused the material available on record.
33. As early as on 16.08.2021, Calicut University has issued revised guidelines for conducting various examinations, in the context of COVID-19 2nd Wave. Notification dated 16.08.2021 reads thus:
"University of Calicut Pareeksha Bavan dated 16/08/2021 No.57641/EG-1-ASST-1/2016/PB Notification W.A.1148/2021 11 Revised guidelines to be followed for conducting various examinations notified by the Calicut University in the context of covid-19 2nd wave
1. In order to ensure the Covid Protocol issued by the Government, the information about the examination shall be given in advance at the health center, fire force and police station near the examination center and the guidelines issued by the said authorities shall be complied with.
2. Prior to the examination, the examination halls, furniture and college premises shall be cleaned and disinfected. Department of Health, NGO's, Fire force, Local Self- Governments, PTA, the assistance of NCC and NSS can be availed for this purpose.
3. The furnitures in the examination hall shall be disinfected on the examination days.
4. Admission of students shall be allowed only through the main entrance of the examination center.
5. Soap solution, sanitizer etc. shall be allowed only through the main entrance of the examination center.
6. Students are allowed to enter the examination center only by wearing a mask. The Principal Chief Superintetendant shall ensure that these regulations are to be strictly adhered to.
7. Students shall maintain social distance at the examination center.
8. Students shall not exchange the materials required for writing the exam.W.A.1148/2021 12
9. Examiners including teaching and non-teaching staff assigned to the job shall wear mask.
10. A maximum of 20 students may be seated in an examination hall and shall keep a social distancing of 1.5m between students on the bench.
11. If it is not possible to keep the distance between benches, the students shall be seated on alternate benches.
12. The students shall enter the examination hall at least 30 minutes before the Examination.
13. Students who failed to affix their photo on the hall ticket shall produce their proof of Identity
14. Students who produce the I.D Proof instead of affixing photo on the hall ticket shall submit a self-attested copy of same.
15. The student shall comply with the covid-19 protocol regulations. In case of any fault from the part of students in abiding the said regulations, they shall be liable to strict disciplinary actions.
16. Students who tested as covid positive and the students under quarantine by reason of primary contact shall follow the regulations as prescribed. There shall not be any Covid- 19 Special Examinations from 11/08/2021 onwards.
17. Students are obliged to follow the guidelines issued by the Government Health Department at all times.
18. Students are not required to sign the attendance sheet. The list of students who are present and the number of absentees shall be forward by the Chief Superintendent to the University.W.A.1148/2021 13
Dr. C.C.Babu Controller of Examinations"
34. Perusal of the notification dated 16.08.2021 shows that sufficient care has been taken to scrupulously follow the revised guidelines issued by the Government, and that apart, distance between the students has been prescribed. Examination schedule for the LL.B students, as per the notification dated 18.8.2021 reads thus:
"TIME TABLE FOR THE FIRST SEMESTER LL.B UNITARY DEGREE (3- YEAR) (2015 SCHEME) REGULAR/ SUPPLEMENTARY EXAMINATION, NOVEMBER 2020 (For 2020/ 2019 Admission candidates only) & FIRST SEMESTER LL.B UNITARY DEGREE (3-YEAR) (2015 SCHEME) SUPPLEMENTARY EXAMINATION APRIL 2020 (for 2015 to 2018 Admission candidates only) Time of Examination: 1.30 p.m. to 4.30 p.m. (Except Fridays) 2.00 p. m to 5.00 p.m (On Fridays) Maximum Marks: 75 Date of Examination Code Subject Thurday, 09th September CP 01 Law of Contracts 2021 Tuesday, 14th September CP 02 Law of Torts (including 2021 Motor Vehicles Act and Consumer Protection Law) Thursday, 16th September CP 03 Constitutional Law I 2021 Wednesday, 22nd CP 04 Family Law I September 2021 Friday, 24th September CP 05 Law of Crimes I 2021 W.A.1148/2021 14 Monday, 27th September OP 01 Legal Language & Legal 2021 Writing
35. Perusal of the brief note on LLB examination conducted during COVID-19 pandemic period in offline mode also shows that Calicut University has conducted several examinations from 4/2020 to 12/2020, without any complaints from any quarters.
36. It is the contention of the learned standing counsel for University of Calicut that fortunately none of them have been reported to be infected with COVID-19, because of the strict enforcement of the guidelines issued by the Government and the revised guidelines issued by the University, in the matter of conducting examinations. Said contention has been refuted.
37. As rightly contended by learned standing counsel for University of Calicut, from a perusal of the representation of Mr. Ameer Fasal dated 27.08.2021, nothing could be deduced as to whether he is a student of LL.B or not, except contending inter alia, that there are LL.B students ranging from 21 to 65 years of age from various districts. He has also made a request to defer the examination.
38. Certainly, it is not the grievance of the students, but a general representation made as regards the conduct of examinations. No W.A.1148/2021 15 student has raised any grievance from 16.08.2021 till the date of filing of the writ petition by the writ petitioners/respondents, aged about 52, 55 and 42 years respectively, contending inter alia, that in the present COVID-19 pandemic situation, offline examination should not be conducted.
39. Perusal of the judgment in W.P.(C) No.17926 of 2021 dated 3.9.2021 indicates that when attention of the writ court was invited to the interim order passed by a Hon'ble Division Bench of this Court staying the operation of the judgment in W.P.(C) No.13509 of 2021 dated 27.7.2021, writ court, by observing that the stay of the order does not amount to quashing of the order and that the Court can always examine the attenuating circumstances, i.e. the age of the petitioners and going by the said factor alone, has directed the Vice Chancellor or any other authorised representative of the University, to give a hearing to the writ petitioners, by treating the writ petition as a representation through virtual mode and take a call as to whether it would be feasible to simultaneously hold offline and online examinations of I Semester of three year LL.B Course. Writ court has further directed that the said exercise shall be completed with immediate effect, within a period of two days of receipt of the certified copy of the judgment.
40. As per the schedule, the first examination commences from W.A.1148/2021 16 9.9.2021. Writ petition No.17926 of 2021 has been disposed of 3.9.2021. A review petition has been filed on 4.9.2021 seeking review of the judgment in W.P.(C) No.17926 of 2021 dated 3.9.2021. Apart from contending that there is error apparent on the face of record by the writ court in disposing of the said writ petition, giving directions, review is sought for on the following grounds:
"B. The Supreme Court of India, vide order dated 03.09.2021 in SLP(C) 13570/2021, has granted interim relief similar to that sought by the petitioners in the writ petition, on the same day, presumably, subsequent to the pronouncement of judgment dated 03.09.2021 by this Hon'ble Court in W.P(C) 17926/2021. In such circumstances, the impugned judgment is liable to be reviewed in the light of the order of the Supreme Court. Since the parties or the counsels or even this Hon'ble Court did not know about the Supreme Court's order at the time of passing the judgment, this Hon'ble Court did not interfere with the examination.
C. Denying the review petitioners similar relief to that was granted to the petitioners in SLP(C) 13570/2021 would be unjust and against the law. The petitioners herein are similarly situated to the petitioners in SLP(C) 13570/2021. Additionally, the petitioners herein are at a more vulnerable position than the petitioners in SLP(C) 13570/2021, since they are all aged above 40 or 50 years of age and at a higher risk contracting Covid-
19. Therefore, the prayers in the writ petition are only to be allowed. The impugned exam schedule is liable to be quashed. There is omission to take into account the order of the Supreme Court while rendering the judgment in the above case. Had it been noticed, this writ petition would have been allowed as prayed for and the decision for conduct of the examinations would have been quashed. Since the order of the Hon'ble Supreme Court was omitted to be considered, this Hon'ble Court only directed the Vice Chanellor to take a decision. Now, based on the order of the Hon'ble Supreme Court, the petitioners are entitled to get the larger relief of quashing the University's schedule for examinations."W.A.1148/2021 17
41. Order of the Hon'ble Apex Court in S.L.P(C) No.13570 of 2021 relied on by the learned counsel for the writ petitioners/respondents is extracted hereunder:
"Prima facie, we find force in the submission made by learned counsel for the writ petitioners/respondents that Government has not serious considered the prevailing situation before taking the decision of off-line examination for Class XI students (First Year Higher Secondary Exam) proposed to be conducted in Kerala from 6.9.2021 to 27.9.2021.
As we did not get satisfactory response from the learned counsel appearing for the State in this regard, as suggested, we grant interim relief, temporarily staying the scheduled off-line examination of Class XI students (First year Higher Secondary Exam).
List this matter on 13.09.2021. Interim order until the next date."
42. From a perusal of the abovesaid order passed by the Hon'ble Supreme Court, it could be seen that though prima facie, the Hon'ble Apex Court found force in the submission made by learned counsel for the petitioner therein, it is also to be noted that there was no satisfactory response from the learned counsel appearing for the State and having regard to the above, the Hon'ble Apex Court was pleased to grant interim stay of the judgment dated 27.08.2021 in W.P.(C) No.17399 of 2021.
43. Firstly, on the contention as to whether, writ court has failed to W.A.1148/2021 18 take into account the order in S.L.P(C) No.13570 of 2021 dated 3.9.2021, while rendering the judgment in W.P.(C) No.17926 of 2021 dated 3.9.2021, we are of the view such contentions cannot be accepted, for the reason that the said interim order has not been placed before the writ court while rendering the judgment in the writ petition, and therefore, the contention that there is omission on the part of the writ court to consider the interim order of the Hon'ble Apex Court and thus, there is error apparent on the face of the record, at this juncture, cannot be countenanced.
44. Though strong reliance is placed on the abovesaid interim order of the Hon'ble Apex Court passed in S.L.P(C) No.13570 of 2021 dated 3.9.2021, we are also bound to consider the order of the Hon'ble Apex Court dated 6.9.2021 in W.P.(C) No.984 of 2021, in the matter of conducting NEET examinations, scheduled from 12.09.2021 onwards. The said order dated 6.9.2021 in W.P.(C) No.984/2021 reads thus:
ORDER "Heard learned counsel for the parties.
The relief claimed in this petition is to quash public notice dated 13.07.2021issued by the competent bY authority scheduling National Eligibility cum Entrance Test (UG) 2021 examination from 12.09.2021.
The issues canvased by the learned Counsel for the W.A.1148/2021 19 petitioners, we are neither impressed nor willing to show any indulgenceto the of India. to make the petitioners so desire, free IE are representation(s) authoritywho may to the Competentconsider the representation(s) on its own merits and in accordancewith law at the earliest Beyond this, we do not wish to mention contentionof the petitioners,whilee making it clear that we have not not expressedany Opinion either way on the several points pointts which were canvassed across the Bar or articulated in the memo of writ petition, but the competent authority may of take appropriate decision in accordance with law.
The writ petition is disposed of accordingly.
Pending applications, if any, stand disposed of.
45. Keeping in mind the submission of learned standing counsel for the appellants that several hundred students have to take up the examination tomorrow, as per the schedule and suitable arrangements have been made; that so far, University has conducted several examinations during COVID-19 pandemic situation, stated supra, maintaining the protocols issued by the Government, and strictly implementing the guidelines issued by the University from time-to-time, in the matter of conducting examinations, we do not see any difficulty in holding that the order of the Hon'ble Apex Court dated 6.9.2021 in W.P. (C) No.984 of 2021 in the matter of conducting NEET examinations can be made applicable to the case on hand, for conducting examinations for LL.B students.
W.A.1148/202120
46. Though Ms. Thulasi K. Rajan, learned counsel for the writ petitioners/respondents contended that students are forced to take up the examination by travelling in public transport system and that there is indirect indiscrimination, prima facie, we are not inclined to accept the said contention.
47. From the material on record, we could deduce that the administrative task of conducting examinations for the law and other students of Calicut University has been undertaken by the University successfully on various occasions and merely because few of the students are in the high risk group or aged, that would not be the only factor to postpone the examination.
48. As rightly pointed out by the learned standing counsel for the Calicut University, when guidelines have been issued on 16.08.2021, and examinations have been scheduled on 18.08.2021, from the material on record, it could be deduced that no student has approached the appellant University, to postpone the examinations.
49. Writ petition No.17926 of 2021 has been filed on 1.9.2021 and judgment has been delivered on 3.9.2021 directing the Vice Chancellor or any other authorised representative of the University, to give a hearing to the writ petitioners, by treating the writ petition as a W.A.1148/2021 21 representation through virtual mode and take a call as to whether it would be feasible to simultaneously hold offline and online examinations of I Semester of three year LL.B Course. Writ court has further directed that the said exercise shall be completed with immediate effect, within a period of two days of receipt of the certified copy of the judgment. Even without waiting for proper response from the University on the directions, judgment has been reviewed on the next day.
In the light of the above discussion, we are of the view that the interim order dated 7.9.2021 in R.P. No.587 of 2021 is stayed. Examinations, as scheduled in the notification dated 18.08.2021 (Exhibit-P4), are permitted to be conducted by Calicut University, subject to strict implementation of COVID-19 protocol issued by the Government and also the revised guidelines dated 16.08.2021 issued by the University.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.
08-09-2021 /True Copy/ Assistant Registrar