IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 2043 of 2008(R) ------------------------------------------ PETITIONER: -------------------- HARIKUMAR K.M., SAROVARAM, AYMANAM P.O., KOTTAYAM-686 015. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, PRIYADARSINI HILLS P.O., KOTTAYAM-686 560. 2. PRINCIPAL, MANGALAM COLLEGE OF ENGINEERING, VETTIMUKAL P.O., ETTUMANOOR, KOTTAYAM-686 631. BY SC FOR UNIVERSITY SRI. T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J = = = ======== = = = = = W.P.(C).No. 2043 OF 2008 = = = = = = = = = = = = = Dated this the 17th day of January, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T Petitioner is a 5th Semester B.Tech student. It is alleged that on 1.1.2008, in the 5th Semester examination, petitioner was found to have indulged in copying. It is also stated that though a statement was recorded, final orders in the matter is awaited. In this writ petition complaint is that in the supplementary examination for the 4th semester which is now scheduled to start on 18.1.2008, in view of the allegations that are levelled against the petitioner, he will not be permitted to appear. Although no written communication has received, petitioner submits that he has given such an oral instruction. 2. If that be true, that there is an allegation of misconduct, but it is still a misconduct until it is proved. From the facts it is clear that proceedings in relation to the incident that took place on 1.1.2008, is pending before the University and is yet to be finalised. Therefore the University should give an opportunity to the petitioner to appear for the supplementary W.P.(C).No. 2043 OF 2008 2 examination. Hence I direct that the petitioner will be permitted to appear for the 4th semester supplementary examinations scheduled to be held on 18th and 21st of January, 2008. However, such appearance is provisional and declaration of results shall not be done until the University takes a final decision in relation to the incident took place on 1.1.2008 and if the decision is in his favour. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE bkn/-