Kerala High Court permits APJ Abdul Kalam University to hold offline examination of 1st, 3rd semester students of engineering colleges

The Kerala High Court on Wednesday permitted APJ Abdul Kalam Technological University to conduct offline B-Tech examinations for first and third-semester students. (Vice Chancellor APJ Abdul Kalam Technological University v. Sagar AR and Ors.).The Court passed the order on an appeal filed by the university challenging an earlier order by a single-judge of the Court in which the University had been directed to cancel offline exams for students of first and third semesters. A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly stayed the order of the single judge Amit Rawal and allowed the university to conduct offline examinations. "Giving due consideration to the material on record, we are of the view that instant appeal requires adjudication. The appellants have made out a prima facie case for admission. Balance of convenience is in favour of the appellants, and there shall be a stay of the judgment in W. P. (C) No. 13509 of 2021 dated 27.07.2021. Appellants are also permitted to continue with the examinations as scheduled," the Court ordered. .Single judge Justice Amit Rawal had on Tuesday directed the university to cancel the examinations and come out with a schedule of examination strictly as per the UGC guidelines keeping in view the COVID pandemic protocol and guidelines in force. He had also ordered that all previous examinations (Semester I and III) would stand cancelled.Justice Rawal had passed the order on a petition filed by eight students of the university challenging the university's decision to conduct examinations in physical mode even as the second wave of the Covid-19 pandemic is ongoing in the State of Kerala.The Court had found that the decision of the university was ultra vires the guidelines of the University Grants Commission (UGC) and quashed the same..Advocate Elvin Peter PJ, representing the university, submitted that 1,46,800 students have already appeared in several papers for the 1st and 3rd semester examinations of B. Tech course and that further examination in respect of the other papers have already been scheduled, as early as on July 4,2021.Arrangements have been already made for participation of several thousand students in the remaining examinations, he added..Further, he contended that the judgment of the single-judge has caused hardship to various thousands of students, who have already taken the exams.He also alleged that some of the writ petitioners have themselves participated in some examinations offline, and therefore, argued that they have no locus to seek the reliefs granted by the single-judge."To protect the interest of only 8 students who have already appeared for the examination, the learned single judge has set aside all the examinations conducted for the thousands of students," the plea said. The judgment of the single judge, he submitted, affects large number of the students who are awaiting the result of the examinations that they have already taken and also to complete their course within the period..The Division Bench on Wednesday found that the university has made out a prima facie case and since balance of convenience was also in its favour, it stayed the judgement dated July 27 and allowed the university and controller of examination to continue with the examinations as scheduled. .[Read Orders]