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For first- and third-semester students, the Kerala High Court on Wednesday approved the APJ Abdul Kalam Technological University conducting its B-Tech exams off-site. University appealed an earlier order by a single-judge of the Court ordering the University to cancel offline exams for students in the first and third semesters. Judge Amit Rawal's order was stayed by a division bench consisting of Chief Justice S Manikumar and Justice Shaji P Chaly. "This case warrants a decision based on the evidence presented. On the surface, the appellants' admission appears likely. The W.P.C. (c) No. 13509 of 2021, dated July 27, 2021, shall remain in effect because the balance of convenience favours the appellants, Exams may be taken as scheduled." Upon the issuance of a judicial order.
The university was ordered to cancel exams by a single judge on Tuesday, Justice Amit Rawal. In addition, he ordered the cancellation of all previous exams. A petition filed by eight university students who opposed the university's decision to conduct physical exams led to Justice Rawal's order, which is the second wave of Covid-19 pandemic in Kerala. As a result of this ruling, the UGC has revoked its decision. For the university, Elvin Peter PJ submitted that 1,46800 students had already taken part in several papers for the first- and third- semester examinations of the B. Tech course, and that additional examinations for the other papers had already been scheduled for July 4, 2021. Several thousand students are expected to take the remaining exams, he said. The single-decision, judge's he argued, had harmed thousands of students who had already taken the exams. In addition, he claimed that some of the writ petitioners had themselves taken some exams off-line and, therefore, had no right to seek the relief granted by the single-judge court in the case.
Since only eight students had taken the test, the single judge halted all tests for thousands of students, according to the plea. A large number of students, he argued, are affected by the single judge's decision because they are awaiting the results of examinations they have already taken, as well as finishing their courses within the deadline. Since the university has a prima facie case and because the balance of convenience favours it, a division bench on Wednesday overturned the July 27 ruling and allowed the university to continue with its examinations as scheduled.
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