ASHOK KUMAR Vs. THE REGISTRAR, UNIVERSITY OF KERALA

JUDGEMENT

(1.) Petitioners in, this 'Original petition are students in different engineering colleges and they represent all students of Part-time B. Tech, Degree Course. This original petition is mainly to compel the University of Kerala to hold supplementary examinations for Part-time B. Tech. Course. Although they prayed for a direction to the Controller of Examinations to conduct such examinations before holding regular examinations, now they seem to be satisfied with a direction for holding supplementary examinations in addition to the regular examinations.

(2.) Petitioners broadly rely on two premises in support of their stand. First is that, Ordinance No. 1 in Chap.7 of the Kerala University First Ordinances, 1978 (for short the Ordinances') enjoins on the University an obligation to conduct regular examination. Second is that this court by judgment dated 1st September 1988 in O.P. 6233/88 (Ext. P-1 is a copy of the said judgment) has held that it is obligatory on the part of the University to hold annually two examinations for B. Tech. Part-time Course, one regular and the other supplementary. According to the petitioners, respondents are bound by Ext.. P-1 from which they cannot wriggle out.

(3.) It is admitted that supplementary examinations due for 1992 have not been conducted so far. It is also admitted that Controller of Examinations (second respondent) has now fixed up a schedule for regular examinations most of which would be held in November and some of which would be held in December.