IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WA.No. 10 of 2011() ------------------- AGAINST THE JUDGEMENT IN WPC.13792/2010 Dated 06/10/2010 .................... APPELLAN/PETITIONER: -------------- AASIM IHZAN.A., S/O.ABDUL KHADIR, ANGEVEETIL, POONJASSERY, POONJASSERY P.O., PERUMBAVOOR-683 547. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: --------------- 1. THE MAHATMA GANDIHI UNIVERSITY, KOTTAYAM, REP. BY ITS REGISTRAR. 2. VICE CHANCELLOR, THE MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 3. THE PRICIPAL, SREE NARAYAN GURUKULAM COLLEGE OF ENGINEERING, KADAYIRUPPU P.O., KOLENCHERRY. ADV. SRI.T.A.SHAJI, SC, FOR R1&2 ADV. SRI.TONY GEORGE KANNANTHANAM FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/02/2011, ALONG WITH WPC NO. 32137 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal No.10 of 2011 & W.P.(C) No.32137 of 2010 .................................................................... Dated this the 1st day of February, 2011. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant/petitioner and Standing Counsel appearing for the University in both the Writ Appeal and W.P.(C). The appellant was found involved in some malpractice in an internal examination in the subject Welding Technology for the VIIth Semester Engineering Examination. The incident occurred on 7.8.2009. However, the University took over an year to impose a punishment on the appellant i.e. cancellation of the examination he wrote and barring him from writing examination for one year. Punishment obviously is to take effect from date of occurrence i.e. from 7.8.2009 and if timely punishment was imposed, the appellant would have been released from the same in August 2010 itself. However, since the College and the University delayed enquiry and punishment, the appellant approached this court seeking permission to write supplementary examinations W.A. 10/11&WPC 32137/10 2 conducted after the incident and this court vide Ext.P5 order i.e. interim order in W.P.(C) No.32230/2009 permitted the petitioner to write the supplementary examination. Though the University has valued the papers, they have not released the results because examinations are cancelled as a consequence of punishment imposed on the appellant debarring him from writing the examinations. Counsel for the appellant denied the malpractice and alternately contended that University cannot take any action for the malpractice in internal examination which is conducted by the college. 2. We have heard Senior counsel appearing for the College and he submitted that out of 59 papers in all in Engineering course, the appellant failed in 25 papers. The appellant's contention that University has no authority to punish for malpractice in internal examination cannot be accepted because though College conducts it, internal examination is part of the process of appraisal and University awards the Degree or Certificate based on the internal examination result as well. So much so, the cancellation of VIIth Semester examination written by the petitioner, both internal as well as theory W.A. 10/11&WPC 32137/10 3 examination conducted by the University, was perfectly justified. However, we feel since the appellant prepared for the supplementary examinations based on interim orders and he wrote the same, he should be allowed to enjoy the benefit of it. The Writ Appeal and W.P.(C) are accordingly disposed of by directing the University to cancel only the VIIth Semester examination in the subject Welding Technology and publish the results of other examinations written by the appellant under interim orders of this court. Sd/- C.N.RAMACHANDRAN NAIR Judge Sd/- BHABANI PRASAD RAY Judge pms True copy P.S. to Judge