MANJUNATHA M. R. Vs. KUVEMPU UNIVERSITY JNANA SAHYADRI

JUDGEMENT

(1.) WP No.7776/2022 is filed by two students of respondent no.1-Kuvempu University. They got admitted to first year B.com Under Graduate course for the academic year 2019-20 by way of distant education. W.P.No.9699/2022 is filed by various centres who are offering degree courses on behalf of respondent no.1- Kuvempu University through distant education.

(2.) Due to COVID-19 pandemic, the Universities were not in a position to conduct regular examination, and hence, the University Grants Commission as well as State Government permitted the Universities to assess performance of the students by taking into consideration internal assessments and their performance in previous semester and promote them for the next semester or a year, as the case may be. The Universities accordingly amended their regulations for the year affected by COVID-19 and where they could not conduct the examination they promoted the students based on internal assessment or/and their performance in previous semester. Respondent no.1-Kuvempu University in the instant case was also faced with a similar dilemma. Apart from other courses, they were also required to assess the performance of first year degree students for the academic year 2019-20 who are studying by way of distant education. The examination ought to have been conducted under normal circumstances by May/June 2020. But, the same was not conducted due to COVID-19 pandemic. However, the Syndicate of the University by its resolution dtd. 30/11/2021 decided to conduct necessary examination to the students as COVID-19 pandemic waned and they felt the examination could be conducted. However, the Registrar (Evaluation) of respondent no.1- University issued notifications on behalf of the University which stated that in respect of distant education for the academic year 2019-20 they would assess the performance of the students based upon internal assessment and he also asked various study Centres to submit the internal assessments of the students enrolled with them. Further, the said internal assessments were evaluated by the University and results were also announced. Thereafter, those students who were declared passed have been admitted to the Second year degree course also including the petitioners in W.P.No.7776/2022. When this was the situation, the University realized that the Registrar (Evaluation) had acted contrary to the decision of the Syndicate and cancelled the results announced including the results of the petitioners/students herein and notified that the examination shall be conducted afresh for the academic year 2019-20. The said circular and notification are dtd. 1/4/2022 and 4/4/2022 respectively. Aggrieved by the same, the instant writ petitions are filed challenging the said Circular and the notification.

(3.) The case of the petitioners is that the students in the instant case were admitted to first year B.com course for the academic year 2019-20. The University was required to conduct the necessary examination in the months of May/June 2020 itself. However, due to unforeseen circumstances, the same was not conducted. Finally, in tune with the University Grants Commission Regulations and State Government Circulars and also the decisions taken by several other Universities, respondent no.1- University took decision to evaluate the performance of the petitioners/students based on the internal assessment and accordingly results have been announced and they have been admitted to Second year degree course. Subsequently, the action of the University in canceling the results for the academic year 2019-20 in the month of April 2022 and deciding to conduct fresh examination is arbitrary, unreasonable and it causes irreparable loss and injury to the students. On the said grounds, the decision of the University to cancel results and conduct fresh examination has been challenged.