IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 34726 of 2009(I) -------------------------- PETITIONER(S): --------------- SUCHITRA, AGED 19, D/O.SURENDRAN, 3RD YEARS B.C.A.STUDENT, BASELIOS POULOSE II, CATHOLICS COLLEGE PIRAVOM. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY ATHIRAMPUZHA, KOTTAYAM REPRESENTED BY REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 3. THE PRINCIPAL, BASELIOS POULOSE II CATHOLICS COLLEGE PIRAVOM. ADV.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 34726/2009 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.29.6.09 IN W.P.(C).No. 18116/09. P2. COPY OF THE MEMO DTD.22.4.10. P3. COPY OF THE COMMUNICATION DTD.18.5.10. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 34726 of 2009 ================== 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.” 2 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 3