IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 14309 of 2009(G) --------------------------------------- PETITIONER: ------------------- AMAL D. MENON, FINA YEAR B. TECH ELECTRICAL AND ELECTRONICS ENGINEERING STUDENT, ADI SANKARA INSTITUTE OF ENGINEERING & TECHNOLOGY, KALADY. BY ADV. MR.ELVIN PETER P.J. RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 3. THE PRINCIPAL, ADI SHANKARA INSTITUTE OF ENGINEERING & TECHNOLOGY, KALADY. 4. SMT. RAKHI R. MENON, LECTURER, DEPARTMENT OF ELECTRICAL & ELECTRONICS ENGINEERING, ADI SHANKARA INSTITUTE OF ENGINEERING & TECHNOLOGY, KALADY. R1 & R2 BY MR. T.A. SHAJI, S.C, M.G.UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14309/2009-G: APPENDIX PETITIONERS' EXHIBITS: NIL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14309 OF 2009 --------------------------------------- Dated this the 5th day of March, 2010. J U D G M E N T The petitioner herein is a final year student for B.Tech in Electrical and Electronics Engineering of the 3rd respondent college. For involving in certain malpractice in the examination, actions were initiated against the petitioner. This writ petition was filed seeking for a direction for allowing the petitioner to appear for the examination in the subject Insulation Technology and supplementary examination in Electrical Machine Drawing and also for the final practical examinations and course viva. 2. This Court passed an interim order whereby the petitioner was allowed to appear for the examination on a provisional basis. Accordingly, he appeared for the examination. This Court, in the meanwhile, directed the respondents to conduct an enquiry in the matter and produce the result of the same before this Court. 3. The University has filed a counter affidavit in the W.P.(C) No.14309/2009 2 matter and at that stage, the enquiry was proceeding. Learned counsel for the petitioner pointed out that finally in the enquiry, the petitioner has been exonerated. Learned Standing Counsel for the University submitted that as no evidence was available against the petitioner, he has been exonerated from the charges. In that view of the matter, this writ petition is allowed. The petitioner has already appeared for the examination. Therefore, there will be a direction to the University to declare the results of the examination treating the appearance as regular. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp