IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 32140 of 2008(A) -------------------------- PETITIONER(S): --------------- 1. STEVENSON ISSAC, 3RD SEMESTER ELECTRONICS & COMMUNICATION, RAJIV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM. 2. RAJEESH K.G., 3RD SEMESTER MECHANICAL ENGINEERING, RAJIV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM. 3. RANDHEER LAKSHMAN, 3RD SEMESTER ELECTRONICS & COMMUNICATION, RAJIV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM. 4. ALVIN THOMAS, 3RD SEMESTER MECHANICAL ENGINEERING, RAJIV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS, KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).32140/2008 -------------------- Dated this the 1st day of December, 2008 JUDGMENT Petitioners are prosecuting their 3rd semester Engineering course in the faculty of Electronics & Telecommunications in the Rajiv Gandhi Institute of Technology, Kottayam, affiliated to the Mahatma Gandhi University. First petitioner had cleared all the papers in the 2nd semester, but wants to improve some of the papers. Second petitioner failed certain subjects in 1st and 2nd semesters and the third petitioner also failed in certain subjects in 1st and 2nd semesters. Fourth petitioner had cleared all his papers but wants to improve some of them. 2. Petitioners are aggrieved by the decision taken by the University, as evidenced by Ext.P4 order to conduct the examination for the even semesters during the month of March and odd semester examinations during the month of September. This is to be introduced from 2007 admission onwards. According W.P.(C).32140/2008 2 to the petitioners, they could not write the supplementary examinations and in the case of the 1st and 2nd petitioners, they could not write the examination during the month of October, 2008. Now they can do it only in March 2009. But in March 2009, they have to write the 4th semester examinations and that according to them, casts on them a burden. Ext.P4 order dated 17.12.2007, is made applicable to the 2007 Batch onwards.. Hence the challenge to Ext.P4. 3. A statement has been filed by the University. Paragraph 4, 5 and 6 of the statement read as follows:- As per Clause 13(1v) of the B.Tech Regulations, a student could be permitted to register for the 5th semester examination only if he has fully passed the combined I & II semester examination. As per clause 13 (v) a student could be permitted to register for the 7th semester examination only if he has passed fully the 3rd and 4th semester examination. The above two clauses were deleted from the regulations vide W.P.(C).32140/2008 3 U.O.No.ACAIV/1/2132/B.Tech/2005 dated 28.10.2005. On deletion of the above clauses, a student could continue his studies upto 8th semester without any break even if he might have failed in any semester. Simultaneously, based on a decision arrived at a meeting between the Vice Chancellor and Principals of Engineering colleges on 21.10.2005. It was decided to conduct the 1 and 2, 4th and 6the semester examination in April only and 3rd, 5th and 7th in October only and 8th semester examination both in April and October. This decision was taken considering the practical difficulties in conducting the whole theory examinations from 1st to 8th semesters continuously on separate days prolonging for over 56 working days. Also, since clauses 13(4) and (5) were deleted, it was not necessary to provide two chances for each semester every year. As per U.O. dated 28.10.2005 referred to above, examinations for 1st and 2nd, 4th and 6th and 8th semesters were to be conducted in April and those of 3rd, 5th, 7th and 8th in October with effect from 2005-06 academic year onwards. Since W.P.(C).32140/2008 4 examinations except that of 8th semester were to be conducted only once in a year as per the above order, the failed candidates as well as candidates who had to imporve their papers would have got chance only with the regular examinations of the junior batch. However, in the wake of widespread discontent among the B.Tech student against the introduction of the above modification at short notice U.O.No. U.O.No.ACAIV/1/2132/B.Tech/05 dated 16.11.2005 was issued keeping in abeyance for the time being the implementation of the proposed changes in the conduct of the B.Tech examinations. As per the decision of the Syndicate, U.O.No.3126/ACAIV/07/Acad dated 17.12.2007 was issued, which provides for the conduct of 1st and 2nd, 4th, 6th and 8th examinations in March and 3rd, 5th and 7th examinations in September. Contrary to the earlier order issued on 23.10.2005, which was applicable for students of all semester, this order was made applicable for fresh students of 2007 admission onwards only. The order issued on 17.12.2007 was promptly despatched to all W.P.(C).32140/2008 5 Engineering colleges. The students admitted in 2007 had to appear for their first university examination only in March 2008. 4. I heard learned counsel for the petitioner and learned Standing Counsel for the University. 5. Fixing a calendar for the examinations lies completely within the domain of the University. Unless there is an infraction of statutory provisions or the action is otherwise demonstrated to be completely arbitrary, this Court would be reluctant to interfere with any such action taken by the University. There are two reasons why I decline jurisdiction in this case. Firstly, the reasons given by the University for not conducting supplementary examination for the semester system do not seem to be unreasonable. In such cases, after all, if the semester system is followed, the students concerned get more than one opportunity, either to successfully complete one of the papers in which he has failed or to W.P.(C).32140/2008 6 improve his marks within one year from the date on which he had given his original examination. This aspect is accepted by the petitioners also. But they are aggrieved that they will be called upon to improve certain papers which they had given as part of the 1st and 2nd semesters, at the time of giving their examinations in the 4th semester. This is a burden which they will have to shoulder for not having performed well enough in the first attempt. 6. Secondly, University cannot be faulted with for having adopted a rational method by which certain examinations are conducted in October and certain others in March. It is not necessary that a student, who has not successfully completed certain papers in the 1st and 2nd semesters, should be given the next available opportunity to write the supplementary examination. There cannot be anything unreasonable in asking the students, who have given examination originally in October, to wait till the next October to give the W.P.(C).32140/2008 7 supplementary examination. I also take note of the fact that the petitioners are 3rd semester students and it is difficult to conceive a situation where they will be called upon to participate in a supplementary examination even after completing four years of study. For all these reasons, I do not find any merit in the writ petition and the same is accordingly dismissed. V.GIRI, Judge mrcs