ASISH CHANDARAN Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioners are the 6th Semester students of B.Sc Mathematics in the Sree Narayana College, Kollam affiliated to the Kerala University. They are aggrieved by the notification of examination scheduled to be held from 04.4.2019 published in the website of the University on 21.3.2019. According to them, the classes for the 6th semester commenced only on 21.1.2019 and therefore the examination scheduled to commence on 1.4.2019 onwards is contrary to the provisions in the University Regulations relating to the 1st Degree programmers in affiliated colleges, 2013 (hereinafter referred to as 'the Regulations). According to Regulation 6.2, the duration of each semester shall be 5 months inclusive of the days of examination with at least 90 working days in a semester and a minimum of 450 hours of instruction. The first semester shall commence in June and the next semester in November, every year. In the reply affidavit the petitioners have stated the duration of each of the semesters of their B.Sc Degree course as the 1 st semester from 18.7.2016 to 25.1.2017; the 2nd semester from January, 2017 to 11.08.2017; the 3rd semester from 14.08.2017 to 10.01.2018; the 4 th semester from 11.01.2018 to 06.08.2018; the 5th semester from 07.08.2018 to 16.1.2019 and the 6th semester commenced only on 21.1.2019 for which examination is notified to commence on 04.04.2019. The University issued Ext.P6 notification announcing the date for registration and for remittance of fees for appearing in the 6 th semester B.Sc Degree -career related First Degree Programme under Choice Based Credit and Semester System April, 2019 examination commencing on 01.04.2019. Ext.P5 time table for the 6th semester B.Sc Degree Examination, April 2019 was published on 21.03.2019, according to which, the examination was to commence on 04.04.2019. The petitioners submit that usually the University does not conduct the examination as scheduled and therefore even though Ext.P6 notification for registration for appearing in the examination was issued, they were under the impression that the examination would be held as per the notification or even with a change with 4 days.

(2.) The petitioners point out that the mandatory number of 90 working days/450 teaching days are cut short and they are compelled to write the examination even before the completion of the syllabus without permitting their colleges to conduct classes for the minimum period prescribed in the regulation. Pointing out the same, the petitioners submit that they have approached the Principal with Exts.P7 to P9 representations on 23.03.2009 immediately on publication of the time table. According to the petitioners, it is on account of the lethargy on the part of the University that they are compelled to appear in the examination even before syllabus is completed disabling them to present the best performance in the examination, in gross violation of Regulation 6.2. It is their case that appearance in the examination even before the completion of the syllabus without providing sufficient time to study will be reflected in their results in the examinations and it would not be possible for them to undertake higher studies in the absence of sufficient number of classes.

(3.) The respondent Univesity has filed a statement. It is stated that on the basis of the request from the students the 6 th semester examination notified to commence on 1.4.2019 was rescheduled to commence from 04.04.2019. It is further stated that the syndicate in its meeting held on 28.03.2019 considered the representations from the students and resolved to postpone the examination scheduled on 6.4.2019 to 14.04.2019 and 16.4.2019 to 25.4.2019 as the P.G entrance examination at CUSAT is scheduled to be held on 06.04.2019 and there would not be any further change in the examinations.