IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 28283 of 2011(I) -------------------------------------- PETITIONER(S): ------------------------ SAREENA K.S. AGED 19, D/O.SAINUDHEEN, KALARIKAL HOUSE, MULAVOOR P.O., MUVATTUPUZHA. BY ADV. SRI.PAULSON THOMAS RESPONDENT(S): ---------------------------- 1. MAHATHMA GANDHI UNIVERSITY, REPRESENTED BY REGISTRAR PRIYADHARSINI HILLS, KOTTAYAM 686 562. 2. CONTROLLER OF EXAMINATIONS, MAHATHMA GANDHI UNIVERSITY, KOTTAYAM 686 562. 3. PRINCIPAL, MAR ATHANASIUS COLLEGE (ARTS & SCIENCE), KOTHAMANGALAM 686 691. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO. 28283/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMUNICATION DTD. 10.10.2011 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF REJECTION OF APPLICATION. P2:- COPY OF THE MEMO DTD. 3.8.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A.TO JUDGE tss ANTONY DOMINIC, J ....................................................... W.P.(C).28283/2011 .............................................. Dated this the 24th day of October, 2011 JUDGMENT Petitioner is a B.Sc (Zoology) student in the College of which the third respondent is the Principal. The fifth semester examination commenced on 19.10.2011. However, the application of the petitioner for registration has been rejected by the University by Ext.P1 and the reason stated is that the petitioner was involved in an incident of malpractice in the fourth semester examination. As a result, petitioner is prevented from appearing in the fifth semester examination. Therefore, the writ petition is filed. 2. From the submissions made by the learned counsel for the petitioner and the learned Standing Counsel appearing for respondents 1 and 2, it is seen that the enquiry pertaining to the allegation of malpractice in the fourth semester examination is still remaining inconclusive. Therefore, unless the petitioner is permitted to appear in the fifth semester examination, even if subsequently she is exonerated, petitioner will be losing an W.P.(C).28283/11 2 opportunity to appear in the examination. Therefore, subject to the outcome of the enquiry now pending, petitioner should be allowed to appear in the fifth semester examinations. 3. In the above view of the matter, I dispose of this writ petition directing that on the production of a copy of this judgment, petitioner shall be permitted to appear for the fifth semester examination on a provisional basis and subject to the outcome of the enquiry that is now going on. It is clarified that the results of the petitioner will be declared only after the enquiry is completed. ANTONY DOMINIC, Judge mrcs