IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 14636 of 2010(D) -------------------------------------- PETITIONER: --------------------- BOBY PHILIP, 8TH SEMESTER STUDENT OF B.TECH (MECHANICAL ENGINEERING), MAR BASELIOS CHRISTIAN COLLEGE OF ENGINEERING AND TECHNOLOGY, PEERMEDU, IDUKKI DISTRICT, RESIDING AT ITTUVIRUTHIL, THOTTABHAGOM.P.O, THIRUVALLA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENTS: ------------------------- 1. THE PRINCIPAL, MAR BASELIOS CHRISTIAN COLLEGE OF ENGINEERING AND TECHNOLOGY, PEERMEDU, IDUKKI DISTRICT. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 3. ASSISTANT REGISTRAR OF EXAMINATIONS, M.G.UNIVERSITY, KOTTAYAM. ADV. SRI.ANIL D.KARTHA FOR R1 SRI. T.A. SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ------------------------------------------ W.P(C) No.14636 OF 2010 ------------------------------------------ Dated this the 8th day of June, 2010 JUDGMENT The petitioner has not been permitted to attend the 8th Semester examinations B.Tech. (Mechanical Engineering) which commenced from 13.5.2010. Under the above circumstances, petitioner has approached this court seeking the following relief: i. a writ of mandamus or any other appropriate writ, order or direction directing the respondents to issue Hall Ticket to the petitioner for attending the4 8th Semester Examinations of B.Tech. (Mechanical Engineering) which is to commence from 11.5.2010 to 3.6.2010. ii. A writ of mandamus or any other appropriate writ, direction or order directing the 2nd and 3rd respondents to publish results of the 5 papers of 5th Semester (Supplementary Examinations of B.Tech (Mechanical Engineering) which the petitioner attended in November, 2009. and iii. Such other writ, order or direction which this Hon'ble Court deems fit in the nature and circumstances of the case. By interim order dated 11.5.2010, the petitioner was permitted to appear for the examination provisionally subject to the result of the writ petition. 2. Now a counter affidavit has been filed wherein it has been stated that proceedings have been initiated against the petitioner for malpractice in the 5th Semester examinations. A preliminary enquiry W.P(C) No.14636 OF 2010 2 has been conducted in which a prima facie case was found for further action and the matter was referred to a sub committee of the Syndicate for appropriate action. In view of the above submission in the counter affidavit, counsel for the petitioner submits that the said proceedings may be directed to be expedited. In view of the fact that this involves the future of a student, it is only appropriate that the Syndicate takes a final decision in the matter within the shortest possible time. 3. In the above circumstances, I dispose of this writ petition with a direction to the University to take a final decision in the action initiated as detailed in the counter affidavit and serve a copy of the order on the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The results of the petitioner's 8th Semester examination which he has written on the strength of the interim order shall be declared or cancelled depending on the outcome of the enquiry. Writ petition is disposed of as above. S.SIRI JAGAN, JUDGE cms