IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 32442 of 2008(K) -------------------------- PETITIONER(S): --------------- SHAJIL KHAN.H, AGED 30 YEARS, S/O.E.M.HANEEFA, SIMLA MANZIL, PERINGUZHI P.O., TRIVANDRUM DISTRICT. BY ADV. SHAJIL KHAN H.(PARTY-IN-PERSON) RESPONDENT(S): --------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, TRIVANDRUM. 2. THE CONTROLLER OF EXAMINATIONS, KERALA UNIVERSITY, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETARIAT, TRIVANDRUM. 4. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, TRIVANDRUM 695 001. ADV. SRI.M.RAJAGOPALAN NAIR FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).32442/2008 -------------------- Dated this the 21st day of November, 2008 JUDGMENT Petitioner has completed his three year L.L.B course from the Government Law College, Thiruvananthapuram. The course is being conducted under the semester system. Fifth semester examinations were conducted in March, 2008. Petitioner could not attend to one of the examinations due to sever fever. By the time result of the fifth semester examination was announced, 6th (last) Semester examination had commenced. Petitioner appeared and when the results were published, it was found that he had passed all papers in the final semester. But he cannot be considered as having completed his course in as much as that he still has to clear one of the papers in the fifth semester. His grievance is that the University does not conduct supplementary examinations in the semester system and hence the writ petition praying for the following reliefs. W.P.(C).32442/2008 2 (i). Issue a writ of Mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to conduct supplementary examination for L.L.B 3 year (Semester) course students without further delay. (ii). Direct 4th respondent to permit petitioner to take part in the selection process for admission to L.L.M Course, 2008-2010. 2. A statement has been filed by the learned Standing Counsel. Paragraph 7 and 8 of the statement read as follows:- It is submitted that the Fifth Semester Examinations were conducted in March 2008. The petitioner registered for the examination with Register No.11094. He was absent for Paper I and declared to have passed for Papers II, IV and V only. The results were published on 18.7.2008. The W.P.(C).32442/2008 3 Sixth Semester Examination commenced on 15.7.2008. The result of the petitioner was published on 17.10.2008 only as he had not cleared the previous semesters in time. The consolidated results of the candidates who had cleared all previous semesters were published on 10.10.2008. The petitioner has not cleared Paper I and Paper III of the Fifth Semester Examinations taken by him in March 2008. As per schedule, the next 5th semester exam is tentatively fixed to be held in February-March, 2009. Supplementary Examinations are being conducted only for the L.L.B (3 year) and (5 year) Annual Scheme Courses, which have phased out. 3. Petitioner appeared in person. I heard learned Standing Counsel for the Univesity also. 4. Setting a calendar for the examinations and also a formal system for the conduct of the examinations are matters which essentially live within the domain of the University. An interference by this Court would not be W.P.(C).32442/2008 4 warranted unless there is any infraction of statutory provisions. 5. Petitioner points out that supplementary examinations are being conducted, for the courses which are conducted on an year basis. He refers to Section 1(2) of Chapter VII of the Kerala University First Ordinance, 1978, which provides that “all examinations shall ordinarily be held twice in the academic year, unless otherwise decided by the Academic Council from time to time.” Obviously, this provision was introduced at a point of time when semester system was not in existence. Academic council of the University has decided not to conduct supplementary examinations for the semester system. 6. I am not in a position to find any infraction of statutory provisions, in the decision taken by the University not to conduct supplementary examinations for the semester system. W.P.(C).32442/2008 5 7. For all these reasons I am not inclined to issue any specific direction to the University, as sought for by the petitioner. But if the petitioner, along with similarly situated persons, moves the University pointing out the grievances, University shall look into the same and take appropriate decision, in accordance with law. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs