WA No.

948/2021 1/8

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 28th day of July 2021 / 6th Sravana, 1943
UNNUMBERED IA.NO. /2021 IN UNNUMBERED WA OF 2021 (FILING NO. 21337 OF 2021)
(AGAINST JUDGEMENT DATED IN 27-07-2021 IN WP(C) 13509/2021 OF HIGH COURT OF
KERALA)
PETITIONERS/APPELLANTS:

1. THE VICE CHANCELLOR, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY @

KERALA TECHNOLOGICAL UNIVERSITY, CET CAMPUS, ALATHARA ROAD, AMBADY
NAGAR, THIRUVANANTHAPURAM, KERALA - 695 016.
2. CONTROLLER OF THE EXAMINATION, OFFICE OF THE CONTROLLER OF TECHNICAL
EXAMINATIONS, APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY @ KERALA
TECHNOLOGICAL UNIVERSITY, CET CAMPUS, ALATHARA ROAD, AMBADY NAGAR,
THIRUVANANTHAPURAM, KERALA - 695 016.

RESPONDENTS/PETITIONERS 1 TO 8 & RESPONDENTS 3 & 4:

1. SAGAR A.R. AGED 20 YEARS S/O. REGI P.H., SEMESTER S4 MECHANICAL

ENGINEERING STUDENT OF MAHAGURU INSTITUTE OF TECHNOLOGY (FORMERLY
SVNCE), RESIDING AT KAILASAM, THAMALLACKAL SOUTH P.O., KUMARAPURAM,
KARTHIKAPPALLY, ALAPPUZHA, KERALA - 690 548.
2. GOPIKA GOPAN NAIR AGED 19 YEARS, D/O.GOPAKUMAR B., SEMESTER: S2,
ELECTRONICS AND COMMUNICATION ENGINEERING, STUDENT OF LBS INSTITUTE
OF TECHNOLOGY FOR WOMEN POOJAPPURA, RESIDING AT VINEETHA BHAVAN,
CHIRAYINKEEZH P.O., CHATHANPARA, KALLAMBALAM, THIRUVANANTHAPURAM -
695 605.
3. FELIX PYARIS, AGED 19 YEARS, S/O.PYARISE GEORGE, SEMESTER: S2
COMPUTER ENGINEERING STUDENT OF MAR BASELIOUS CHRISTIAN OF
ENGINEERING AND TECHNOLOGY, PEERMADE, RESIDING AT EDATHUMPRAYIL
HOUSE, MURIKKASSERY, VATHIKUDY, IDUKKI, KERALA - 685 604.
4. JERIN THOMAS, AGED 20 YEARS, S/O.T.THOMAS, SEMESTER: S4 MECHANICAL
ENGINEERING, STUDENT OF MAHAGURU INSTITUTE OF TECHNOLOGY, RESIDING
AT KATTUMPARAMPIL JOYVILLA, PERUNGALA P.O., KAYAMKULAM, KERALA - 690
559.
5. ASHISH JOEL SHAJU, AGED 20 YEARS, S/O.SHAJU WILFRED, SEMESTER: S4
MECHANICAL ENGINEERING STUDENT OF VALIA KOONAMBAIKULATHUMMA COLLEGE
OF ENGINEERING AND TECHNOLOGY, RESIDING AT SHAJU COTTAGE SARAVANA
NAGAR, 140B, KOLLAM, KERALA - 691 011.
6. STEBIN PHILIP BIJU, AGED 20 YEARS, S/O.BIJU MATHEW, SEMESTER: S4,
MECHANICAL ENGINEERING STUDENT OF MAR BASELIOS COLLEGE OF
ENGINEERING AND TECHNOLOGY, RESIDING AT KUTHIRACHIRA PUTHEN VEEDU,
KUTHIRACHIRA, PUNALUR P.O., KOLLAM, KERALA - 691 305.
7. AHLAM, AGED 20 YEARS, D/O.K.M.ABDUL AZEEZ, SEMESTER:S4 BIOTECHNOLOGY
AND BIOCHEMICAL ENGINEERING STUDENT OF SREE BUDDHA COLLEGE OF
ENGINEERING, PATOOR, RESIDING AT WHITE HOUSE, CHATTANCHAL P.O.,
THEKKIL, KASARAGOD - 671 541.
WA No.948/2021 2/8

8. JIBI JOHN, AGED 20 YEARS, S/O.JOHN DANIEL, SEMESTER: S4 MECHANICAL

ENGINEERING STUDENT OF MAR BASELIOS COLLEGE OF ENGINEERING,
THIRUVANANTHAPURAM, RESIDING AT AMBANATTU MELATHIL HOUSE, NEAR BHS
ADOOR, PATHANAMTHITTA, KERALA - 691 523.
9. UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY, BAHADUR
SHAH ZAFAR MARG, NEW DELHI - 110 002.
10. CHIEF SECRETARY STATE OF KERALA, THIRUVANANTHAPURAM, KERALA - 695
033.

Application praying that in the circumstances stated in the

affidavit filed therewith the High Court be pleased to allow the
appellants to file the writ appeal, without a certified copy of the
judgment, which shall be produced by the appellants as and when it is
uploaded in the website of the Hon'ble High Court or made available.

This Application coming on for orders upon perusing the application

and the affidavit filed in support thereof, and upon hearing the arguments
of M/s.ELVIN PETER P.J., K.R.GANESH, GOURI BALAGOPAL & SIDHARTH SUDHEER,
Advocates for the petitioners, the court passed the following:

[P.T.O.]
WA No.948/2021 3/8

APPENDIX

EXHIBIT.P12: A TRUE COPY OF THE NOTIFICATION KTU/EXE-II#1/5300/2018

DATED 25.06.2021 ISSUED BY THE 1ST RESPONDENT REGARDING THE SCHEDULE OF
PENDING EXAMINATIONS (ODD SEMESTER) IN THE CONVENTIONAL OFFLINE MODE.

EXHIBIT.P14: A TRUE COPY OF THE NOTIFICATION KTU/EX-II#1/5300/2018,

DATED 04.07.2021, ISSUED BY THE 2ND RESPONDENT FOR S-1 EXAMINATIONS TO BE
CONDUCTED FR0M 09.07.2021.

EXHIBIT.P15: A TRUE COPY OF THE NOTIFICATION KTU/EX-II#1/5300/2018,

DATED 04.07.2021, ISSUED BY THE 2ND RESPONDENT FOR S-III EXAMINATIONS TO
BE CONDUCTED FR0M 13.07.2021.
WA No.948/2021 4/8

S. MANIKUMAR, C. J., & SHAJI P. CHALY, J.

======================================
Unnumbered I. A. of 2021
in
Unnumbered W. A. of 2021 (F. No. 21337 of 2021)
======================================
Dated this the 28th day of July, 2021

ORDER

S. Manikumar, C. J.

Before the writ court, Mr. Sagar A. R. and seven others have

filed W. P. (C) No. 13509 of 2021, for the following reliefs:-

“i) Direct Respondent No.1 to issue a writ of Certiorari or

any other appropriate writ order or direction calling for the
records pertaining to conduct of Semester I & III of B.TECH
examination and quash Exhibit P12 as the same, as illegal, null
and void.
ii) Issue a writ of Mandamus or any other appropriate Writ,
Order or Direction restraining the respondents from pursuing any
measures in furtherance of Exhibit P12, P14 and P15
respectively.
iii) a direction to the respondent no.1 and 2 is to adopt the
CGPA (Cumulative Grade Points Average) Method and Internal
Mark assessment for S-I & S-III (Semester I and III) of the B-
tech Course of the petitioners instead of conducting the Physical
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Ununbered I. A. of 2021
(F. No. 21337 of 2021)
-2-

mode of examination notified as per Exhibit P12, or in the

alternative conduct the Examination of S-1 & S-III (Semester I
and III) of the B-tech Course of the petitioners in Online Mode as
mandated by the 3rd respondent UGC after re-scheduling the
Examination on an another date scheduled as per Exhibit P14 and
15.”

2. After considering the pleadings and submissions, writ court

granted the reliefs sought for, by the judgment in W. P. (C) No. 13509

of 2021 dated 27.07.2021.

3. Certified copy of the judgment has not been uploaded,

however, taking note of the fact that more than 1,46,800 students have

already appeared in several papers for the 1 st and 3rd semester

examinations of B. Tech course, offered by the APJ Abdul Kalam

Technological University, on various dates, and that further

examination in respect of the other subjects / papers in the 1 st and 3rd

semester have already been scheduled, as early as on 04.07.2021;

evident from Exts. P14 and P15 notifications; and that arrangements

have been already made for participation of several thousand students

in the remaining examinations, an Interlocutory Application is filed,

which remains unnumbered, to permit the appellants to file an appeal

without a certified copy of the judgment.

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(F. No. 21337 of 2021)
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4. Reasons assigned for the abovesaid prayers are as hereunder:-

“3. It is submitted that pursuant to Exts.P12, P14 & P15,

78,820 students appeared for the first semester examination,
which already been conducted by the University 68,000 students
altogether appeared for the third semester examination so far
conducted.
4. It is submitted that the petitioners in the Writ Petition
coming to only 8 in numbers have already appeared for the
exams so far conducted. Hence, 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. Hence, the judgment of the learned
single judge affects large number of the student community who
are eagerly and sincerely awaiting the result of the examinations
that they have already appeared and also to complete their course
within the period.
5. Since the learned single judge has directed the
University to upload a notification that the examinations
scheduled on 28/07/2021 and thereafter is cancelled. The
University has already published the said notification. Thousands
of students who have already appeared for the examinations are
left in the lurch. The judgment of the learned single judge has
also not been obtained, therefore the appeal is filed without a
certified copy of the. Since the directions issued by the learned
single judge while pronouncing the judgment, affects large
number of students, this Hon'ble Court may be pleased to allow
the appellants to file this appeal without a certified copy of the
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Ununbered I. A. of 2021
(F. No. 21337 of 2021)
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judgment. Unless the appellants are allowed to file the appeal

without a certified copy of the judgment, it will cause irreparable
injury, loss and hardship to large number of students, whose
interest has to be protected by the University.”

5. Being satisfied with the reasons, unnumbered I. A. of 2021 in

unnumbered writ appeal (Filing No. 21337 of 2021) is required to be

allowed.

6. Therefore the said Interlocutory Application is allowed and

the registry is directed to number the I. A. If there is any defect in the

writ appeal, other than filing of certified copy of judgment, appellant

is permitted to rectify. Writ appeal is also directed to be numbered, on

curing the defects.

7. We have heard Mr. Elvin Peter P. J., learned counsel for the

appellant, who took us through the examination schedule, for both 1 st

and 3rd semester of B. Tech course, and the arrangements made by the

University to conduct the exams.

8. Learned counsel for the appellant further contended that the

judgment has caused hardship to various thousands of students, who

have taken up the exams already and to be undertaken as per the

schedule. Learned counsel also submitted that some of the writ

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(F. No. 21337 of 2021)
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petitioners have even participated in some examinations offline, and

that therefore, they have no locus to seek for the reliefs stated supra.

9. 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.

Sd/-
S. MANIKUMAR
CHIEF JUSTICE

Sd/-
SHAJI P. CHALY
JUDGE

Eb

28-07-2021 /True Copy/ Assistant Registrar