IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 WP(C).No. 12730 of 2009(I) -------------------------- PETITIONERS: ------------------- 1. GIRISH KUMAR NAIR, S/O.KSS NAIR, AGED 30, GEETHANJALI, TC/42/354(1), PARAMBIL NAGAR, TRIVANDRUM-695 008. 2. GURUPRASAD P., S/O.PADMANABHAN, AGED 27, SREE GURU PRABHA, KLRA/1, KAILAS LANE, KUDAPPANAKKUNNU, TRIVANDRUM. 3. DATHAN C.S, AGED 34, AVITTATHIL, TC/14/1505(8), KANNAMOOLA, MEDICAL COLLEGE P.O., TRIVANDRUM-695011. 4. PARVATHY SUBASH, D/O.SUBASH, AGED 23, PARVATHY BHAVAN, PULIMATH P.O., KILIMANOOR, TRIVANDRUM-695612. 5. ASHWANI KRISHNAN, D/O.KRISHNAN, AGED 26, F-16, PILLAVEEDU LANE, PATTOM P.O., THIRUVANANTHAPURAM-695004. BY ADV. SRI.P.T.JINS RESPONDENTS: ---------------------- 1. THE MAHATMA GANDHI UNIVERSITY OF KOTTAYAM, REP. BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM, KERALA. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM. WP(C).No. 12730 of 2009(I) 3. THE SCHOOL OF DISTANCE EDUCATION, MAHATMA GANDHI UNIVERSITY, REP. BY ITS DIRECTOR, PRIYADARSHINI HILLS P.O., KOTTAYAM, KERALA. 4. THE BSS INFORMATION TECHNOLOGY MISSION, MAHATMA GANDHI UNIVERSITY OFF CAMPUS ACADEMIC CENTRE, REP. BY ITS COORDINATOR, TECHNOLOGY BHAVAN, THYCAUD P.O., TRIVANDRUM, KERALA-695014. 5. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF THE HIGHER EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. MR. T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/04/2009, ALONG WITH WPC NO. 12775 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 12730 & 12775 OF 2009 ......................................................................... Dated this the 30th April, 2009 J U D G M E N T The petitioners in both these cases are aggrieved of the steps taken by the respondent-University to conduct the first year M.B.A. Off Campus examinations, which are yet to commence from 04.05.2009, alleging that it is contrary to the objectives and course plan stipulated in Ext. P1 Prospectus . It is further submitted that the University, despite collecting the entire fees of about Rs.35,000/-, the complete Course/Study materials have not been forwarded to the students, but a portion of the same. The learned counsel for the petitioners in both these cases submitted that the Course/Study materials only in respect of seven papers out of the total '16' papers have been forwarded to the students; that too only on running after the University by filing Ext.P4 representation dated 02.03.2009 (produced in W.P.(C) No. 12730 of 2009). The learned counsel further submitted that the entire syllabus of the Course has been changed with effect from the present academic year and as such, the students, who were undergoing the First Year M.B.A W.P.(C) Nos. 12730 & 12775 OF 2009 2 Course of the Off Campus Programme and even the teachers are quite unaware of the course materials and the topics to be taught and studied so as to equip themselves in connection with the examinations now scheduled to commence from 04.05.2009. 2. The learned Standing Counsel for the University submits that the examinations have been scheduled as per the programme already notified in the Prospectus and that there is absolutely no haste or lapse on the part of the University. It is further submitted that about 60% of the Course materials have already been supplied to all the students. This, in other words, means that the balance 40% of the Course materials is yet to be supplied to the persons like the petitioners and to that extent, the submissions made by the learned counsel for the petitioners in the Writ Petitions stand uncontroverted. 3. Non-supply of the remaining Course/Study materials could probably be due to change of the Syllabus, as pointed out by the petitioners and the limited infrastructure available to the University to deal with all the cases, considering the large W.P.(C) Nos. 12730 & 12775 OF 2009 3 number of students, who joined for the Off Campus Programme. But the said deficiency cannot be a ground to ignore the reasonable demand made by the students like the petitioners to conduct the examinations, only after supplying the entire course materials, particularly when there is no dispute that the syllabus has already been changed with effect from the present academic year. 4. However, it has to be borne in mind that the University has made all arrangements to conduct the examinations as notified in the Prospectus and further that the Hall Tickets have been issued to the students, also engaging Invigilators in India as well as abroad . This being the position, if any positive order is issued by this Court to adjourn the examinations, acceding to the prayer made by the petitioners, it will only shatter the equilibrium. Considering the balance of convenience , it is felt just and proper that the University be permitted to proceed with the examinations as now scheduled. However, there will be a direction to the University to supply the balance Course/Study materials to all those students like the petitioners from whom, W.P.(C) Nos. 12730 & 12775 OF 2009 4 the University has collected the entire fees and thereafter conduct supplementary examinations for such students, within a reasonable time, lest the lapses on the part of the University should cause adverse consequences to their carer and prospectus. Both the Writ Petitions are disposed of, directing the University to pursue necessary steps as aforesaid. The reliefs sought for by the petitioners are modified and granted to the above extent. P.R. RAMACHANDRA MENON, JUDGE. lk