IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 29223 of 2011(C) -------------------------- PETITIONER(S): --------------- SAHALA N. BASHEER, AGED 23 YEARS, D/O N.M BASHEER, NEDUNGATTU HOUSE, MATHIRAPPILLY, KOTHAMANGALAM, ERNAKULAM DISTRICT- 686 691 BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS P.O. KOTTAYAM 688 377 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, P.O. KOTTAYAM 688 377 3. THE PRINCIPAL, MAR ATHANESIUS COLLEGE, KOTHAMANGALAM 686 691 BY STANDING COUNSEL SRI. T.A. SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS EXHIBITS: EXT:P1: TRUE COPY OF THE GRADE CARD EXT.P2: TRUE COPY OF THE GRADE CARD EXT.P3: TRUE COPY OF THE MEMO NO. CBCSS/III/3/MPIV SEM./2011 OF THE UNIVERSITY EXT.P4: TRUE COPY OF THE MEMO NO. CBCSS III/3/RA/2011 OF THE UNIVERSITY EXT.P5: TRUE COPY OF THE JUDGMENT IN W,.P(C) NO. 28114/2011 EXT.P6: TRUE COPY OF THE COMMUNICATION NO. CBCSS.III.SN./2011 OF THE UNIVERSITY. RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma ANTONY DOMINIC, J - - - - - - - - - - - - - - - - - - - - - - W.P(C) NO.29223 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November, 2011 J U D G M E N T Petitioner is the 5th semester B.Sc Zoology student of the college of which the 3rd respondent is the Principal. By Ext.P4, the University prevented the petitioner from appearing for the examination for the reason that proceedings were pending against her on the allegation that she had committed malpractice in the 4th semester examination. Subsequently, Ext.P6 order was issued by the University informing her that the Syndicate has resolved that the 4th semester examination of the petitioner be cancelled and that she be debarred from appearing for any examination before April, 2012. As a result, the petitioner is unable to appear in the 5th semester examination which has already started. Therefore, this writ petition is filed. 2. As far as Ext.P6 communication conveying the decision of the Syndicate is concerned, the contention of the learned counsel for the petitioner is that the decision of the Syndicate has been taken in violation of the provisions contained in the University statutes. W.P(C) NO.29223 OF 2011 2 3. I have heard the learned Standing Counsel appearing for the University. 4. As is evident from Ext.P6, the decision of the Syndicate was taken without issuing show cause notice to the petitioner or affording her an opportunity of being heard as provided in the proviso to Statute 3(xxi) of Chapter 6 of the University statutes. If that be so, Ext.P6 is unsustainable and is to be quashed. Necessarily, University Syndicate will have to decide the matter afresh after issuing notice to the petitioner. Until then, petitioner should be permitted to appear for the examination subject to the outcome of the proceedings which are pending. 5. Therefore, I dispose of this writ petition with the following directions:- i. that Ext.P6 order issued by the first respondent University will stand set aside. ii.that it will be open to the Syndicate of the University to issue notice as contemplated in statute 3(xxi) of Chapter 6 of the University Statute and decide the matter afresh. iii.In the meantime, subject to the outcome of W.P(C) NO.29223 OF 2011 3 the proceedings pending before the Syndicate of the University, petitioner will be permitted to appear for the 5th semester examination on a provisional basis and her results shall not be declared unless she is exonerated in the proceedings. Sd/- ANTONY DOMINIC (Judge) jma //true copy// P.A to Judge