IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 21647 of 2010(E) -------------------------- PETITIONER(S): --------------- MAKBUL HUSSAIN A.K., AGED 22 YEARS, S/O. ABDUL VAHAB, KATTUNGAL HOUSE, PULLOOT P.O., THRISSUR. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. THE CONTROLLER OF EXAMINATIONS, VUNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., PIN-673635. 2. THE PRINCIPAL IES COLLEGE OF ENGINEERING CHITTILAPPILLY P.O., THRISSUR PIN-680551. BY ADV. SRI. P.C. SASIDHARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 21647 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th day of July, 2010. J U D G M E N T The petitioner is a B. Tech. student. During his 6th semester B. Tech. Examination conducted on 9-9-2009, allegations of malpractice were raised against the petitioner in respect of which an enquiry was ordered. In the meanwhile, the results of the petitioner's 6th semester examination were withheld and dates for supplementary examination were notified. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to allow the petitioner to write VIth semester examinations as notified in Ext. P6 notification. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to publish the examination result of the petitioner in VIth semester conducted in the academic year 2009.” 2. The learned standing counsel for the University submits that the enquiry against the petitioner in respect of the malpractice alleged against him is over and enquiry report is awaited. He submits that they would require some more time to complete the disciplinary proceedings against the petitioner. He further submits that only after a final decision in the disciplinary proceedings, a decision regarding publication of the petitioner's results in the 6th semester examination can be taken. 3. I have considered the rival contentions in detail. 4. The petitioner is accused of malpractice in the 6th semester examination. That being so, unless a final order is passed in respect of the disciplinary proceedings pending against the petitioner, I do not think that this Court can direct the University to publish the results of W.P.C. No. 21647/2010 -: 2 :- the examination in respect of which itself, there is an allegation of malpractice. In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent to complete the disciplinary proceedings against the petitioner and take a decision on the question as to whether the result of the petitioner's 6th semester B.Tech. Examination can be published in view of the decision taken in the disciplinary proceedings as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.