IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 28th day of January 2022 / 8th Magha, 1943
WP(C) NO. 3037 OF 2022(D)
PETITIONER:

SECRETARY, NSS COLLEGE CENTRAL COMMITTEE, NSS HEAD OFFICE, PERUNNAI

P.O, CHANGANACHERRY, KOTTAYAM DISTRICT-686 102.

RESPONDENTS:

1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT

SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. DISASTER MANAGEMENT DEPARTMENT, REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4. KERALA STATE DISASTER MANAGEMENT AUTHORITY, REPRESENTED BY ITS
MEMBER SECRETARY, VIKAS BHAVAN P.O, OBSERVATORY HILLS, OPPOSITE
KANAKAKKUNNU PALACE, NANTHANCODU, THIRUVANANTHAPURAM-695 033.
5. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, SENATE HOUSE
CAMPUS, PALAYAM P.O., THIRUVANANTHAPURAM-695 034.
6. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, UNIVERSITY
BUILDINGS, PRIYADARSINI HILLS P.O., UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA, KOTTAYAM-686 560.

Writ petition (civil) praying inter alia that in the circumstances

stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents to keep in abeyance the conduct of
written as well as practical examinations scheduled by 5th and 6th
respondents from 31.01.2022 onwards pending disposal of the above Writ
Petition.

This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S R.T.PRADEEP, V.VIJULAL, M.BINDUDAS & K.C.HARISH, Advocates for the
petitioner, GOVERNMENT PLEADER for the respondents 1 to 4 (B/O),SRI.
THOMAS ABRAHAM, STANDING COUNSEL for the respondent 5 (B/O) and of
SRI.SURIN GEORGE IPE, STANDING COUNSEL for the respondent 6(B/O), the
Court passed the following:
 RAJA VIJAYARAGHAVAN V, J.
---------------------------------
W.P.(C) No. 3037 of 2022
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Dated this the 28th day of January, 2022

ORDER

The learned Government Pleader takes notice for respondents 1 to 4.

Sri.Thomas Abraham, the learned Standing Counsel takes notice for the

University of Kerala, the 5th respondent herein. Sri. Surin George Ipe, the

learned Standing Counsel takes notice for the 6th respondent.

2. Sri. R.T.Pradeep, the learned counsel appearing for the petitioner,

submits that the petitioner is the Corporate Manager of various educational

institutions which include schools and colleges in the State of Kerala. The Aided

Arts and Science Colleges are affiliated to the 5th and 6th respondents. It is

contended that the Thiruvananthapuram, Kollam, Kottayam and Pathanamthitta

Districts have been included in the ‘C’ category due to the sudden spike of the

COVID-19 Pandemic. The assembly of more than 20 persons has been

prohibited by the official respondents. It is submitted that ignoring the

unprecedented spike in the pandemic and the grim situation prevailing in the

various districts, respondents 5 and 6 have scheduled written as well as practical

 W.P.(C) No.3037 of 2022 2

exams. It is submitted that to maintain COVID protocol, double the number of

Teachers, Invigilators and other Staff are required. As the Test Positive Rate is

hovering around 50%, it would be highly unwise for the petitioner to conduct the

exams and risk the life of their Staff and students. It is submitted that more and

more students are getting infected and the said infection is getting transferred to

the Teachers and other Staff and vise versa. It is submitted that exams have

been scheduled to be held on 2.2.2022 and 3.2.2022 and if steps are not taken

to reschedule the same, it would result in cluster formation and serious infection.

3. Sri. Thomas Abraham, the learned Standing Counsel submits that

the Kerala University taking note of the prevailing situation has rescheduled the

exams to commence from 8.2.2022.

4. Sri. Surin George Ipe, the learned Standing Counsel appearing for

the M.G.University submitted that the UG CBCS Examination is scheduled on

2.2.2022 and the PG CSS Examination is scheduled to be held on 3.2.2022. It is

submitted that certain other examinations have been scheduled. However, the

number of students appearing for those exams are comparatively low.

5. Having considered the facts and circumstances, the fact of inclusion

of the Districts where the affiliated Colleges are functioning in the ‘C’ category,

the high Test Positive Rate, as an interim measure, there will be a direction to
 W.P.(C) No.3037 of 2022 3

the respondents to refrain from scheduling or conducting written as well as

practical examinations scheduled by the 5th and 6th respondents in the affiliated

colleges situated in the Thiruvananthapuram, Kollam, Pathanamthitta and

Kottayam Districts till 8.2.2022.

Post on 8.2.2022.

H/o. Sd/-

RAJA VIJAYARAGHAVAN V,
JUDGE

PS/28/1/2021

28-01-2022 /True Copy/ Assistant Registrar