IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 33555 of 2010(T) -------------------------- PETITIONER(S): --------------- ALAN MON.M.V,S/O.VALSALA.M.S, AGED 19 YEARS,BABU NIVAS, MALAMPARACKAL HOUSE, KUNNAMTHANAM PO,THIRUVVALLA,STUDENT, B.TECH (CIVIL ENGINEERING) HINDUSTAN COLLEGE OF ENGINEERING, ARIPPA,CHOZHIYAKODE PO, KULATHUPUZHA, KOLLAM DISTRICT. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): --------------- 1. UNIVERSITY OF KERLA, REP.BY THE REGISTRAR , PALAYAM,THIRUVANANTHAPURAM. 2. CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA,THIRUVANANTHAPURAM 695 001. 3. HINDUSTAN COLLEGE OF ENGINEERING ARIPPA, CHOZHIYAKODE PO, LULATHUPUZHA, KOLLAM DISTRICT REP.BY PRINCIPAL. SC SRI. M. RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010 A/W. WP(c).No. 33562/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NOs. 33555 & 33562 OF 2010 ------------------------------------------------------ Dated this the 4th day of November, 2010 J U D G M E N T Petitioners are 3rd semester B. Tech students in the 3rd respondent college. It is stated that they appeared for Ist and 11nd year combined examination and the result of which was declared on 16.10.2010. Referring to Ext.P2 downloaded from the website of the respondent University, petitioners submit that, their results are withheld, with the endorsement “suspected malpractices”. 2. It is stated that the 3rd semester examination is to commence on 10.11.2010 and although at present no proceedings have been initiated against them, the hall tickets for the examination are not issued by the University. It is in these circumstances this writ petition has been filed seeking a direction to the respondent to issue hall tickets in order to enable them to appear for the 3rd semester examination. 3. I heard the Standing Counsel appearing for the respondent University also. WPC.Nos. 33555 & 33562/10 :2 : 4. As at present, apart from withholding the results as indicated in Ext.P2 referred to above, no proceedings have been initiated by the University and no final order also has been passed imposing any punishment against the petitioners. Therefore, as at present, the petitioners cannot be prevented from appearing for the 3rd semester examination. 5. However, having regard to the fact that the University is still at liberty to initiate action against the petitioners, even if the petitioners are now permitted to appear for the 3rd semester examination, if they are found guilty of any malpractices, the petitioners will not be eligible to claim any benefit on the basis that they have appeared for the 3rd semester examination. Therefore, the writ petitions are disposed of directing the University to issue hall tickets to the petitioners and permit them to appear for the 3rd semester examination commencing on 10.11.2010. However, it is clarified that, in case any further WPC.Nos. 33555 & 33562/10 :3 : proceedings are initiated against the petitioners and the order passed by the University is adverse to them, they will not be entitled to any benefit on the basis that they have appeared for the 3rd semester examination. (ANTONY DOMINIC) JUDGE vi/