IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12730 of 2009(I)
1. GIRISH KUMAR NAIR, S/O.KSS NAIR,
... Petitioner
2. GURUPRASAD P., S/O.PADMANABHAN,
3. DATHAN CS, AGED 34,
4. PARVATHY SUBASH, D/O.SUBASH,
5. ASHWANI KRISHNAN, D/O.KRISHNAN,
Vs
1. THE MAHATMA GANDHI UNIVERSITY OF
... Respondent
2. THE CONTROLLER OF EXAMINATIONS,
3. THE SCHOOL OF DISTANCE EDUCATION,
4. THE BSS INFORMATION TECHNOLOGY MISSION,
5. STATE OF KERALA,
For Petitioner :SRI.P.T.JINS
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :30/04/2009
O R D E R
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