Anoosha James Thomas vs The University Of Calicut

Kerala High Court

Anoosha James Thomas vs The University Of Calicut

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
FRIDAY, THE 4TH DAY OF JULY 2014/13TH ASHADHA, 1936
WP(C).No. 17008 of 2014 (A)
--------------------------------------PETITIONERS:
-------------------1. ANOOSHA JAMES THOMAS, D/O.JAMES THOMAS, AGED 21 YEARS,
ADMISSION NO.44164 M.SC MATHS (IIND SEMESTER),
ST.JOSEPH'S COLLEGE,
DEVAGIRI, CALICUT - 673 008.
2. AMITHA AUGUSTINE, D/O.AUGUSTINE,
AGED 21 YEARS,
ADMISSION NO.44163 M.SC MATHS (IIND SEMESTER),
ST.JOSEPH'S COLLEGE,
DEVAGIRI, CALICUT - 673 008.
3. NIDHIN C.T., S/O.ANIL C.T., AGED 21 YEARS,
ADMISSION NO.44170 M.SC MATHS (IIND SEMESTER),
ST.JOSEPH'S COLLEGE,
DEVAGIRI, CALICUT - 673 008.

BY ADV. SRI.LUIZ GODWIN D'COUTH.

RESPONDENTS:
----------------------1. THE UNIVERSITY OF CALICUT,
REP. BY ITS REGISTRAR, THANJIPALAM,
CALICUT UNIVERSITY P.O., PIN- 673 635.
2. THE REGISTRAR,
UNIVERSITY OF CALICUT, THENJIPALAM,
CALICUT UNIVERSITY P.O., PIN- 673 635.
Indian Kanoon - http://indiankanoon.org/doc/128161502/

Anoosha James Thomas vs The University Of Calicut

3. THE CONTROLLER OF EXAMINATIONS,

PAREEKSHA BHAVAN, CALICUT UNIVERSITY P.O., THENJIPALAM,
PIN- 673 635.
4. THE PRINCIPAL,
ST.JOSEPH'S COLLEGE, DEVAGIRI, CALICUT.

R1 TO R3 BY SRI.SANTHOSH MATHEW,S.C.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 04-07-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Prv.
W.P.(C).NO.17008/2014 - A:

APPENDIX

PETITIONERS' EXHIBITS:

EXT.P1:

A TRUE COPY OF THE HALL TICKET OF THE 1ST PETITIONER.

EXT.P2:

A TRUE COPY OF THE PUBLICATION OF 2ND YEAR SEMESTER

EXAMINATION FOR M.SC COURSE IS PUBLISHED IN VERNACULAR
(MALAYALA MANORAMA) DAILY DTD. 27/6/2014.

EXT.P3:

A TRUE COPY OF THE ORDER NO.G.A.IV/J1/1373/08 DTD. 23/7/2010.

EXT.P4:

THE TRUE COPY OF THE CHART SHOWING THE NUMBER OF

CLASS/WORKING DAYS OF 2ND SEMESTER (54 ACADEMIC DAYS).

EXT.P5:

A TRUE COPY OF THE PETITION DTD. 27/6/2014 SUBMITTED BY THE

PETITIONERS BEFORE THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.
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Anoosha James Thomas vs The University Of Calicut

Prv.

K.SURENDRA MOHAN, J.
--------------------------------------------W.P.(C) No.17008 of 2014-A
---------------------------------------------Dated this the 4th day of July, 2014
J U D G M E N T

The petitioners, who are students of the second semester M.Sc.Mathematics Post Graduate Degree
Course conducted by the first respondent, complain that their semesters have not completed the
prescribed duration of 90 days. In spite of the above, the University is proposing to conduct the
examinations from 11.07.2014. The petitioners are students of the St. Jospeh's College, Devagiri.
Though they have submitted Exhibit P5 representation to the third respondent, no orders have been
passed thereon, till date.
2. Advocate Santhosh Mathew appears for respondents 1 to 3. In the nature of the relief that I
propose to grant, I do not consider it necessary to issue notice to the 4th respondent. According to
the counsel for respondents 1 to 3, the University has already postponed the examinations to
30.07.2014.
W.P.(C) No.17008 of 2014-A
3. The counsel for the petitioners however points out that, even the present postponement would
not give allowance for the 90 days of classes that are stipulated by the University as the duration of a
semester. However, the counsel for the University points out that, even according to the petitioners,
as evident from ground 'A' a semester is defined as 'a term consisting of a minimum of 90 working
days including examination days distributed over a minimum of 18 weeks each of five working days'.
Therefore, inclusive of the time taken for conduct of the examinations, it is contended that sufficient
time is there.
4. Since Exhibit P5 representation has been submitted to the third respondent, it is sufficient that
the same is considered by the third respondent. The questions regarding when the examinations
should be conducted etc. are essentially academic matters that are better left to be considered by the
persons who are in charge thereof. The third respondent, who is in charge of the conduct of the
W.P.(C) No.17008 of 2014-A examinations, is the best person to consider the issue.
This writ petition is therefore disposed of directing the third respondent to consider Exhibit P5
representation, in accordance with law and to pass appropriate orders thereon, as expeditiously as
possible and at any rate within a period of two weeks of the date of receipt of a copy of this
judgment.
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Anoosha James Thomas vs The University Of Calicut

Sd/K.SURENDRA MOHAN, JUDGE kkj

Indian Kanoon - http://indiankanoon.org/doc/128161502/