MIDHUN.M Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) BOTH these writ petitions are concerning a common relief sought for by the petitioners, to conduct supplementary examinations for S1, S2, S4 and S6 semesters in B.Tech. The petitioners in W.P.(C) No.24165/2012 are from various colleges who have been admitted for the course in 2003, 2004, 2004, 2005 and 2006. The petitioners in W.P.(C) No.25711/2012 are also similar students. According to them, the University is bound to conduct supplementary examination along with the regular semester examinations to be held during October/November 2012. Ext.P2 in W.P.(C) No.24165/2012 is the relevant portion of the regulations with effect from 2002-2003. It is pointed out that in Ext.P3 prospectus published by one of the colleges, under the heading "Examination", it is provided as follows:

(2.) THE University, in their statement filed in W.P.(C) No.24165/2012, has pointed out that the odd/even method of conducting examinations was introduced in 2005-2006 academic year. This was based on the decision arrived at in the meeting of the Principals of Engineering Colleges held on 21.10.2005 after considering the practical difficulties in conducting the whole theory examinations from I to VIII semesters continuously on separate days prolonging over 56 working days.Annexure R1(a) is the copy of the UniversityOrder.The said scheme was introduced after deletion of the proviso relating to "year out" (i.e. Clauses 13 (4) and (5) of the B.Tech regulations 2002) from the academic year 2005-2006 onwards. On deletion of the above clauses, a student can continue his studies upto VIII semester without any break. It is also stated that the order Annexure R1(a) was under challenge in W.P.(C) No.32140/2008 wherein the odd/even method was challenged and this Court dismissed the said writ petition by Annexure R1(b) judgment. It is further stated that those petitioners who belong to 2002, 2003 and 2004 admissions, have already crossed the eight year limit for eligible chances They can only apply for mercy chance which will be permitted by the University at the appropriate time. As far as the petitioners of 2005 and 2006 admissions are concerned, they can appear for the examination in May 2013 and May 2014 respectively in the same scheme and syllabus.

(3.) LEARNED Senior Counsel appearing for the petitioners, Shri S. Sreekumar vehemently submitted that the odd/even scheme will not apply to any of the petitioners, since it can only be prospective and the examination rules when the petitioners were admitted, alone will apply herein. Learned Senior Counsel appearing for the University, Shri Jacob Varghese submitted that November examinations have been announced for S3, S5, S7 and S8 and for S1, S2, S4 and S6 it will be conducted in May 2013. It is submitted that the conduct of examinations will require completion of procedures at various levels including preparation of question papers and other factors and therefore the petitioners cannot be allowed to participate in the examination in November this year.