IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 28693 of 2011(J) -------------------------- PETITIONER(S): ----------------------- SAREENA K.S., AGED 19, D/O.SAINUDHEEN, KALARIKAL HOUSE, MULAVOOR P.O., MUVATTUPUZHA. BY ADV. SRI.PAULSON THOMAS RESPONDENT(S): ----------------------- 1. MAHATHMA GANDHI UNIVERSITY, REPRESENTED BY REGISTRAR, PRIYADARSINI HILLS, KOTTAYAM, PIN-686001. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM-686001. 3. PRINCIPAL, MAR ATHANASIUS COLLEGE (ARTS & SCIENCE), KOTHAMANGALAM-673005. SRI.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28693/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: THE TRUE COPY OF THE GRADE CARD OF THE PETITIONER. EXHIBIT P2: THE TRUE COPY OF THE GRADE CARD OF THE PETITIONER. EXHIBIT P3: THE TRUE COPY OF THE MEMO DATED 3-8-2011. EXHIBIT P4: THE TRUE COPY OF THE LETTER DATED 10-10-2011. EXHIBIT P5: THE TRUE COPY OF THE JUDGMENT DATED 24-10-2011. EXHIBIT P6: THE TRUE COPY OF THE ORDER OF PENALTY DATED 19-10-2011. EXHIBIT P6(a): THE TRUE COPY OF THE POSTAL ENVELOPE CONTAINING P6 BEARING THE DATE OF RECEIPT OF THE LETTER IN THE POST OFFICE ie.24-10-2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 28693 OF 2011 ===================== Dated this the 4th day of November, 2011 J U D G M E N T Petitioner is a B.Sc Zoology student in the college of which the 3rd respondent is the Principal. The college is affiliated to the 1st respondent University. The 5th semester examination commenced on 19/10/11. When the petitioner made application for registration, that was rejected by the University for the reason that proceedings were initiated against the petitioner on the allegation that in the 4th semester examination, she had committed certain malpractices. At that stage, petitioner filed WP (C) No. 28283/11 before this Court, which was disposed of by Ext.P5 judgment directing that pending finalisation of the enquiry, on a provisional basis, she will be permitted to appear for the examination. Soon after the judgment was rendered, Ext.P6 communication was issued on behalf of the 2nd respondent stating that the Syndicate of the University in its meeting held on 1/10/11 decided to cancel the 4th semester examination of the petitioner and to debar her from appearing in any examination before April 2012. It is challenging Ext.P6, this writ petition is filed. WPC No. 28693/11 :2 : 2. I heard the learned counsel for the petitioner and also the learned standing counsel appearing for respondents 1 and 2. 3. Statute 3(xxi) of Chapter 6 of the University Statutes of the 1st respondent lays down the procedure by which cases of malpractices are to be dealt with. The proviso to the said statute directs that, any punishment that is to be imposed on a student for the misconduct of malpractice can only be after issuing notice to the student concerned and after affording the student an opportunity to make representations in the matter. In this case, such a procedure has not been complied with by the Syndicate of the University when it passed the impugned resolution cancelling the examination and debarring the student. In that view, the decision of the Syndicate as reflected in Ext.P6 cannot be sustained. 4. Therefore, Ext.P6 will stand quashed. It will be open to the Syndicate to initiate fresh proceedings complying with the provisions of the Statute and pass a fresh order in the matter. Until such procedure is completed, petitioner will be permitted to continue her studies and appear for the examinations. However, WPC No. 28693/11 :3 : her results of the examinations shall not be declared unless she is exonerated in the proceedings. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp