IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 35002 of 2004(P) --------------------------------------- PETITIONER: ------------------- DR.R.K.PRABHAKARAN, AGED 48 YEARS, S/O. KUNHIKANNAN, SELECTION GRADE LECTURER, DEPARTMENT OF MALAYALAM, S.N.COLLEGE, KANNUR. BY ADV. SRI.M.SASINDRAN. RESPONDENTS: ------------------------ 1. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM. 2. CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE KERALA LOK AYUKTA, REPRESENTED BY ITS REGISTRAR, OFFICE OF THE KERALA LOK AYUKTA, LEGISLATURE COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,KERALA UTY. FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35002/2004-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE INSTRUCTIONS TO THE QUESTION PAPER SETTERS ISSUED BY THE UNIVERSITY OF KERALA. EXT.P.2: COPY OF THE PAPER REPORT IN MALAYALA MANORAMA DAILY DTD. 14/05/2004. EXT.P.3: COPY OF THE ERRONEOUS QUESTION PAPER. EXT.P.4: COPY OF THE ORDER DTD. 12/07/2004 ISSUED BY THE R.4. EXT.P.5: COPY OF THE ORDER DTD. 20/10/2004 PASSED BY THE R.4. LOK AYUKTA. EXT.P.6: COPY OF THE ORDER DTD. 22/11/2004. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.35002 OF 2004 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T Challenge is on Exhibit P5 proceedings initiated by the fourth respondent initiating suo motu proceedings against the petitioner on the basis of a newspaper report. It is not in dispute that the issue is covered in favour of the petitioner by the Bench decision of this Court in Ramachandran Master vs. Kerala Lok Ayukta (2006(4)KLT 166). Therefore, this writ petition is allowed and Exhibit P5 proceedings are quashed. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 35002 OF 2004 J U D G M E N T 15.10.2008