IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33555 of 2010(T)
1. ALAN MON.M.V,S/O.VALSALA.M.S,
... Petitioner
Vs
1. UNIVERSITY OF KERLA, REP.BY THE
... Respondent
2. CONTROLLER OF EXAMINATIONS, UNIVERSITY
3. HINDUSTAN COLLEGE OF ENGINEERING ARIPPA,
For Petitioner :SRI.P.R.VENKETESH
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/11/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NOs. 33555 & 33562 OF 2010
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Dated this the 4th day of November, 2010
J U D G M E N T
Petitioners are 3rd semester B. Tech students in the 3rd
respondent college. It is stated that they appeared for Ist and 11nd
year combined examination and the result of which was declared
on 16.10.2010. Referring to Ext.P2 downloaded from the website of
the respondent University, petitioners submit that, their results are
withheld, with the endorsement “suspected malpractices”.
2. It is stated that the 3rd semester examination is to
commence on 10.11.2010 and although at present no proceedings
have been initiated against them, the hall tickets for the
examination are not issued by the University. It is in these
circumstances this writ petition has been filed seeking a direction to
the respondent to issue hall tickets in order to enable them to
appear for the 3rd semester examination.
3. I heard the Standing Counsel appearing for the
respondent University also.
WPC.Nos. 33555 & 33562/10
:2 :
4. As at present, apart from withholding the results as
indicated in Ext.P2 referred to above, no proceedings have been
initiated by the University and no final order also has been passed
imposing any punishment against the petitioners. Therefore, as at
present, the petitioners cannot be prevented from appearing for the
3rd semester examination.
5. However, having regard to the fact that the University is
still at liberty to initiate action against the petitioners, even if the
petitioners are now permitted to appear for the 3rd semester
examination, if they are found guilty of any malpractices, the
petitioners will not be eligible to claim any benefit on the basis
that they have appeared for the 3rd semester examination.
Therefore, the writ petitions are disposed of directing the
University to issue hall tickets to the petitioners and permit them to
appear for the 3rd semester examination commencing on
10.11.2010. However, it is clarified that, in case any further
WPC.Nos. 33555 & 33562/10
:3 :
proceedings are initiated against the petitioners and the order
passed by the University is adverse to them, they will not be
entitled to any benefit on the basis that they have appeared for the
3rd semester examination.
(ANTONY DOMINIC)
JUDGE
vi/