Kerala High Court Allows University To Continue With Offline Exams After Single Bench Cancels Them

The Kerala High Court on Wednesday stayed the order of a Single Bench and allowed APJ Abdul Kalam Technological University to continue with offline examinations for first and third semester students. 

A Division Bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly stayed the order pronounced by Justice Amit Rawal citing that the balance of convenience was in favour of the University.  

Justice Rawal had ordered for the cancellation of the remaining offline examinations of the University for first and third semester students on the ground that according to University Grants Commission (UGC) Guidelines, physical examinations were only mandatory for final-year students.

Consequently, the Court had ordered the University to inform ist students regarding the cancellation of all previous and future examinations on Tuesday.

 In its appeal, the University had claimed that approximately 1.5 lakh students had already appeared for the said examinations and that the exams yet to be conducted were scheduled and informed to them as early as July 4th. 

The appellants also made it clear that they had arranged sufficient facilities with a view to accommodate thousands of students for the examinations to be conducted. 

Additionally, it was submitted that only eight students had objected to the examinations through a writ petition, all of whom had appeared for the exams conducted so far. 

'To protect the interest of eight students who have already appeared for the examination, the Single judge has set aside all examinations conducted for thousands of students,' the University contended in its appeal. 

However, in the appeal preferred by the University, the Division bench stayed this order of the Single Judge on the ground that the University had made out a prima facie case for admission, and that the balance of convenience was in their favour.

As such, the University and the Controller of examination were permitted to continue with the scheduled examinations.