IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 13445 of 2010(E) -------------------------- PETITIONER(S): --------------- RABIN ELDHO JOLLY, S/O.SRI.JOLLY K.V., KOLLAMMALIL HOUSE, MATHIRAPPILLY, KOTHAMANGALAM (PO), ERNAKULAM DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. THE MAHATMA GANDHI UNIVERSITY- REPRESENTED BY ITS REGISTRARA, ATHIRAMPUZHA, KOTTAYAM. 2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY ATHIRAMPUZHA, KOTTAYAM. 3. THE CONTROLLER OF EXAMINATIONS,, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 4. THE PRINCIPAL, VISWAJYOTHI COLLEGE OF ENGINEERING & TECHNOLOGY, VAZHAKULAM (PO), MUVATTUPUZHA, ERNAKULAM DISTRICT PIN 686 670. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 13445/10 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE MEMO DATED 19.5.09. P2. COPY OF THE ORDER DTD.17.12.09 BY R3. P3. COPY OF THE JUDGMENT IN W.P.(C).No. 27150/09. P4. COPY OF THE REQUEST LETTER TO R3. P5. COPY OF THE ORDER DTD.17.4.10 IN W.P.(C).No. 1144/2010 OF THIS COURT. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 13445 of 2010 ================== Dated this the 31st day of May, 2010 J U D G M E N T The petitioner is a B.Tech. Mechanical Engineering student of the 4th respondent's college. He was proceeded for malpractice in examination, which resulted in Ext.P2 order, whereby the petitioner's examination was cancelled and he was barred from appearing for examinations earlier than May, 2010. According to the petitioner, although the barring is only for appearing for examinations prior to May, 2010, the petitioner is not being permitted to write examinations to be held in May, 2010. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to allow the petitioner to appear for the Examination for B.Tech degree course in Mechanical Engineering in the subject C-Programming in the 5th Semester and all the subjects in the 6th and 7th Semesters scheduled to be held from May, 2010 onwards; ii) To issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to allow the petitioner to appear for the Examination for B.Tech degree course in Mechanical Engineering in all the subjects in the 8th Semester;” 2. At the time of admission, I had passed the following interim order on 20.4.2010. “Notice. The petitioner shall be allowed to participate in the examinations to be conducted from May 2010 onwards, provided he is otherwise eligible, subject to result of the writ petition.” Pursuant to the same, the petitioner has appeared for the examinations. 3. A counter affidavit has been filed by respondents 1 to 3, 2 wherein, in paragraph 9 it is stated thus: “9. The petitioner involved in the malpractice while he was writing 5th semester examination May 2009. So he could not complete it. The candidate can appear for the 6th semester in May 2010 except on 30.4.2010. He has appeared for the 7th semester held in November 2009 by the interim order of this Hon'ble Court in W.P.(C). No. 27150/09. Subsequently, by the resolution of the syndicate he was debarred from appearing any university examination earlier than May 2010. This Hon'ble Court in its judgment dated 8.1.2010 in W.P.(C). No. 27150/2009 vindicated the stand of the university. So he is not eligible to appear for the 7th and 8th semesters normally as per university norms. The 7th semester B.Tech examinations scheduled to be commenced from 3.5.2010 was a supplementary examination. The candidate once appeared for a regular examination of the same semester only is eligible to apply for the supplementary examinations. Similarly, a candidate who registered for the regular 7th semester examination only is eligible to apply for the 8th semester regular examinations.” That does not show that the petitioner cannot appear for the examinations in May, 2010, which only has been permitted by me. Of course, the counter affidavit proceeds on the basis that what is proposed to be conducted in May, 2010, is a supplementary examination and without appearing for the main examination the petitioner cannot appear for the supplementary examination. The University could not point out any such provision in any of the Rules. In the above circumstances, this writ petition is disposed of in terms of the interim order. Consequently, the results of the examinations, which the petitioner has appeared for shall be declared as if he has validly appeared for the examinations. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3