IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 28114 of 2011(L) -------------------------- PETITIONER: ------------------ SAHALA . N.BASHEER, AGED 23 YEARS, D/O.N.M.BASHEER, NEDUNGATTU HOUSE, MATHIRAPPILLY, KOTHAMANGALAM P.O, PIN. 686691. BY ADV. SRI.A.BALAGOPALAN RESPONDENT(S): ------------------------ 1.MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS P.O., KOTTAYAM PIN 688337 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIDAYADARSINI HILLS P.O., KOTTAYAM, PIN 688337. BY ADV. SRI.T.A.SHAJI, UNIVERSITY SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28114 of 2011(L) ---------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE GRADE CARD OF THE 1ST SEMESTER EXAMINATION ISSUED TO THE PETITIONER. EXT.P2 COPY OF THE GRADE CARD FOR THE 2ND SEMESTER EXAMINATION ISSUED TO THE PETITIONER. EXT.P3 COPY OF THE MEMO BEARING NO.CBSCSS III/3/MPIV SEM/2011 DATED 3.8.2011 ISSUED BY THE SECOND RESPONDENT. EXT.P4. COPY OF THE ORDER BEARING NO.CBCSS III/3/RA/2011 DATED 10.10.2011 ISSUED BY THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS : NIL ---------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J ....................................................... W.P.(C).28114/2011 .............................................. Dated this the 21st day of October, 2011 JUDGMENT Petitioner is a B.Sc (Zoology) student in the Mar Athanesius College, Kothamangalam, affiliated to the first respondent University. She is aggrieved by Ext.P3 communication issued by the second respondent, rejecting her application for registration in the fifth semester examination on the ground that in the fourth semester examination held in April 2011, she had committed certain malpractices and that the enquiry is pending. It is challenging Ext.P4, the writ petition is filed. 2. Heard the learned Standing Counsel appearing for the respondents. 3. From the submissions made by both sides and from the averments in the writ petition, it is evident that the enquiry into the malpractices allegedly committed by the petitioner in the fourth semester examination is not completed. Therefore, at this stage, it will be unfair to prevent the petitioner from appearing in the fifth semester examination. Therefore, subject to the outcome W.P.(C).28114/11 2 of the enquiry which is now going on against the petitioner, she should be permitted to appear in the fifth semester examination. There will be a direction to that effect to the respondents. 4. Petitioner shall produce a copy of this judgment before the second respondent who shall pass appropriate orders in the matter. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC, Judge mrcs // True Copy // P.A. To Judge