LAWS(KER)-2020-10-264

AJEESH M.M. Vs. MAHATMA GANDHI UNIVERSITY

Decided On October 16, 2020
Ajeesh M.M. Appellant
V/S
MAHATMA GANDHI UNIVERSITY Respondents

JUDGEMENT

(1.) The petitioner, who is stated to be a student of Law, pursuing his education in the Government Law College, Ernakulam, has approached this Court seeking a direction to the Mahatma Gandhi University that the examinations scheduled as per Ext.P4 be conducted on-line, since many students of the College have now been detected to be Covid-19 positive.

(2.) In response to the afore submissions made on behalf of the petitioner by his learned counsel, Sri.Nissam Nazzar, the learned Standing Counsel for the University, Sri.Asok M. Cherian, submitted that the apprehensions voiced by the petitioner in this writ petition are completely baseless, since the examinations are being conducted all over India in the physical mode. He, however, submitted that it is not easy for the University to conduct on-line examinations of so many students in such a short notice, particularly because it requires greater amounts of infrastructure and invigilance which is not presently available. He, however, added that the University will conduct the examinations in the off-line mode, strictly complying with the COvid-19 protocol and that all those students who are found Covid-19 positive would certainly be allowed to write the examinations in enclosed spaces, without being exposed to any other students. He also assured this Court that every necessary action and steps required under the Disaster Management Act and as instructed by the Health Authority and the District Administration will be put in place, while the examinations are conducted.

(3.) When I consider the afore submissions, it is without doubt that going by Exts.P4, the examinations are to commence on 03.11.2020. Obviously, therefore, this Court will not be in a position to issue orders, as has been prayed for by the petitioner, particularly when the University says that it does not have the logistical or infrastructural capacity at this time to conduct all the examinations on the on-line mode.