IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 19645 of 2010(E) -------------------------- PETITIONER(S): --------------- B.SIVAKUMAR, S/O.BHUVANEDRAN, RESIDING AT KRISHNAMANDIRAM, KANDALLOOR SOUTH, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): --------------- 1. THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PTIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MG UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 3. THE DIRECTOR SCHOOLS OF DISTANCE EDUCATION, M.G.UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. STANDING COUNSEL SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.19645 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2010 J U D G M E N T The petitioner is a student of the Sai Off Campus Centre of Management and Information Technology, Nangiarkulangara, Alappuzha District affiliated to the 1st respondent University. He was studying for BBA course. While he was writing his 3rd year examination in April/May,2010 the petitioner was debarred from writing the balance examination allegedly on the ground of malpractice in the examination. But later on it turned out that the petitioner was not the person guilty of malpractice but another student and on account of mistake in conveying the register number of the student involved in malpractice, petitioner was debarred instead of the real culprit. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “I. Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to value the W.P.(C)No.19645 of 2010 -2- answer sheets of the petitioner for the examination he has taken in April, May 2010 for BBA. II. Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to conduct the examinations of the four papers viz principles of management, industrial relations, business communication, business statistics forthwith at any rate prior to the completion of the valuation of the BBA Examinations of April/May 2010 or in the alternate direct the respondents to award the proportionate marks to these papers in commensuration with the marks he has scored for other papers. III. Issue a writ of mandamus or other appropriate writ order or direction interdicting the completion of the valuation of BBA examination or at any rate the publication of the result of BBA prior to the settlement of the petitioner's case.” 2. The standing counsel for the University has now produced before me an order dated 12.07.2010 passed by the University in respect of the petitioner, which reads as follows: “As per the U.O. read (2) above, Sri. Sivakumar B., candidate with Reg. No.13509 appeared for BBA Examination from SAI Off-Campus Centre was debarred on the ground of malpractice by mistake on the part of the University. Later the candidate was permitted to appear for the remaining examinations vide U.O. read (3) above. Sri. Sivakumar B. vide representation read as paper (4) above requested to permit him to appear for the remaining examinations for which he couldn't appear for being debarred. Considering the request, sanction has been accorded by the Vice-Chancellor to conduct a special examination for the candidate Sri. Sivakumar B. with Reg.No.13509 for the following papers of BBA examination held in April, 2010 and to publish the result along with the result of BBA examination held in April, 2010 ensuring no loss of time.” W.P.(C)No.19645 of 2010 -3- 3. The counsel for the petitioner submits that the petitioner is satisfied with the order passed by the University and therefore no further proceedings are necessary in the writ petition. He submits that the writ petition may be disposed of in terms of the order of the University, quoted above. Ordered accordingly. S. SIRI JAGAN JUDGE shg/