DEVADATH G. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal has been filed by the petitioners in W.P.(C)No.22856/2020. The main contention urged by the learned counsel for the petitioners is that the guidelines issued by the UGC as well as by the Bar Council of India have been violated while scheduling the examinations by the M.G. University for the semester examinations. The learned single Judge, after having considered the respective contentions of the parties, dismissed the writ petition. However, it was observed that the University and the respective Colleges shall conduct the examinations which are scheduled on 4.11.2020 strictly in terms of the COVID-19 stipulations as are mandatorily prescribed in the health advisories of Government of Kerala and Government of India and also the standard operative procedures brought forth by the State Disaster Management Authority and the Health Authorities. It was further observed that the University shall consider allowing students, who are COVID-19 positive and who are desirous of writing the upcoming examinations, separate areas as per the guidelines issued by the Health and Family Welfare of the Government of Kerala and make arrangements for the same. The learned single Judge had also taken note of the submission of the learned Standing Counsel appearing for the University that a fresh chance will be offered to every student, who is unable to write the scheduled examinations on account of COVID-19 restrictions or other reasons and the said examinations shall be deemed as the main examination and not as a supplementary chance.

(2.) In fact, in State of Kerala, several examinations were being conducted by physical mode, after taking into account the COVID-19 Pandemic restrictions and complying with the procedural formalities prescribed by the Health Department as well as the Disaster Management Authorities. When the examinations are scheduled by the University, we are sure that the University shall take into account all necessary precautions to be adopted to ensure that there is no threat of COVID-19 Pandemic on account of the students participating in the examinations. If at all any student does not intend to write the aforesaid examination, the University had given a categoric statement before this Court that yet another opportunity will be granted to such students to write the examination. When sufficient facilities have been provided to the students to write the examinations which are scheduled to be held on 4.11.2020 onwards or with reference to the examinations to be scheduled for those students who are unable to write the examinations, we do not think that we should justified in interfering with the judgment of the learned single Judge.

(3.) As far as the guidelines with reference to the COVID-19 Pandemic are concerned, which are issued by the UGC as well as by the Bar Council of India, those are all of interim measures which are required to be considered by the University before taking a final decision in the matter. Such guidelines may not have a force of law as such, since those are issued taking into account COVID-19 Pandemic situation. But, still University being a competent authority to decide on the factual aspects prevailing in the Colleges coming within its jurisdiction, necessarily a decision had to be taken keeping in mind all the necessary precautions to be taken in the matter. Having done so, we do not think that we will be justified in interfering with the said decision of the University.