The Kerala High Court on Wednesday allowed the APJ Abdul Kalam Technological University to continue with its exams that were canceled by a Single Judge Bench. A Bench of Chief Justice S Manikumar and Justice Shaji P Chaly also stayed the single judge’s decision quashing the entire offline exam schedule of the university for the first and third-semester students.
Justice Amit Rawal on Tuesday ruled that the offline exam was ultra vires the guidelines of the University Grants Commission (UGC) and quashed it. The Single Judge had directed the varsity to conduct the exams as per the UGC guidelines keeping in view the COVID-19 pandemic protocols and to inform the students concerning cancellation of the previous and future examinations.
The Division bench, while hearing the appeal moved by the varsity, said the university has made out a prima facie case for admission and since balance of convenience was also in its favour, there shall be a stay of the judgement dated July 27.” (university and controller of examination) are also permitted to continue with the examinations as scheduled,” the Bench said.
The varsity, in its appeal, has contended that more than 1,46,800 students have already appeared in several papers for the 1st and 3rd-semester examinations of B. Tech course, on different dates, and that moreover exams in respect of the other subjects in the first and third semester had been scheduled as early as July 4. It has also said in its plea that arrangements have already been made for participation of several thousand students in the remaining examinations.
It also told the Bench that the students, on whose plea the July 27 judgement was passed, were only eight in number and have already appeared for the exams conducted so far. “Hence, to protect the concern of only eight students who have already appeared for the examination, the single judge has set aside all the examinations conducted for thousands of students. The judgment of the single judge affects a 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,” the varsity said in its appeal.
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