IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34726 of 2009(I)
1. SUCHITRA, AGED 19, D/O.SURENDRAN,
... Petitioner
Vs
1. MAHATMA GANDHI UNIVERSITY
... Respondent
2. THE CONTROLLER OF EXAMINATIONS,
3. THE PRINCIPAL, BASELIOS POULOSE II
For Petitioner :SRI.V.RAJENDRAN (PERUMBAVOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :12/08/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 34726 of 2009
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Dated this the 12th day of August, 2010
J U D G M E N T
The petitioner is a final year student of the BCA course
conducted by the 3rd respondent, affiliated to the 1st respondent
University. In respect of her 2nd semester examination, proceedings
for malpractice were initiated. While that was pending, the 5th
semester examination started on 4.12.2009. The petitioner filed this
writ petition at that time, seeking the following reliefs;
“i. To issue a writ of mandamus or any other appropriate writ order or
direction, directing the 1st respondent to conduct the enquiry and
finalise the proceedings against the petitioner in the alleged
malpractice within a reasonable time limit.
ii. To issue a writ of mandamus or any other appropriate writ order or
direction, directing the respondents to allow the petitioner for
appearing and writing the 4th semester examination of BCA to be
conducted on 4.12.09, 7.12.09, 8.12.209 (sic) and 10.12.09.
iii. To issue a writ of mandamus or any other appropriate writ order or
direction, directing that the petitioner is entitled to appear for all
the examinations in all the subjects in the B.C.A. course conducted
by 3rd respondent.”
2. At the time of admission on 2.12.2009, this Court passed
the following interim order:
“There will be an interim order directing the respondents to permit
the petitioner to appear for the fifth semester BCA examination
commencing on 4.12.2009 on a provisional basis subject to further orders
to be passed in the writ petition and the outcome of the enquiry instituted
against her. It is clarified that the result of the said examination insofar
as it relates to the petitioner, shall not be published unless otherwise
ordered by this Court. The respondents shall make all necessary
arrangements to enable the petitioner to appear for the fifth semester
BCA examination, if there is no other impediment other than the enquiry
arising out of the alleged malpractice for such appearance in the
examination.”
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On the strength of the interim order the petitioner wrote the
examination in December, 2009. Subsequently, by Ext.P3 order, the
proceedings for malpractice were finalised, by which, the examination
taken by the petitioner had been cancelled and the petitioner was
debarred from appearing for any examination before October, 2009. In
the above circumstances, insofar as the 5th semester examination,
which the petitioner has written in December, 2009, is concerned,
there cannot be any impediment for declaring the results of that
examination, is the contention of the petitioner.
3. I have heard the learned standing counsel appearing for
the University also.
4. In view of Ext.P3 order the only relief the petitioner can
seek in this writ petition is for declaration of the results of the
examination which she had written on the strength of the interim
order in December, 2009. Accordingly, this writ petition is disposed of
with a direction to the University to declare the results of the
petitioner’s examination written by her in December, 2009, on the
strength of the interim order dated 2.12.2009. All other reliefs are
declined.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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