IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 22654 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. ABY K.PAUL, AGED 24 YEARS, S/O.K.I.PAULOSE, KAKKASERRY HOUSE, MATTOR P.O., KALADAY, 683574,2ND SEMESTER MBA STUDENT, VISWAJYOTHI COLLEGE OF ENGINEERING AND TECHNOLOGY, VAZHAKULAM P.O., MUVATTUPUZHA, ERNAKULAM DIESTRICT PIN 686670. 2. DHANYA THOMAS K.A.,D/O.THOMAS K.A., PARAKATT HOUSE, KEERAMPARA P.O., 686691, 2ND SEMESTER MBA STUDENT, VISWAJYOTHI COLLEGE OF ENGINEERING AND TECHNOLOGY, VAZHAKULAM P.O.,ERNAKULAM DIESTRICT,PIN 686670. BY ADV. SRIJEEMON JOHN SRI.S.RUSSEL SRI.V.R.ARUN RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY THE REGISTRAR, PRIYADARSHINI HILLS P.O., KOTTAYAM, PIN 686560. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM, PIN 686560. 3. THE PRINCIPAL, VISWAJYOTHI COLLEGE OF ENGINEERING AND TECHNOLOGY, VAZHAKULAM P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN 686670. SC SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22654 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE PHOTOSTAT COPY OF THE MEMO DATED 10.3.11 ISSUED TO THE 1ST PETITIONER EXT.P2 : A TRUE PHOTOSTAT COPY OF THE MEMO DATED 10.3.11 ISSUED TO THE 2ND PETITIONER EXT.P3 : A TRUE PHOTOSTAT COPY OF THE COURSE FEE PAID RECEIPTS EXT.P4 : A TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 3.8.11 BY THE 1ST PETITIONER TO THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY EXT.P5 : A TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 3.8.11 BY THE 2ND PETITIONER TO THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY EXT.P6 : A TRUE PHOTOSTAT COPY OF THE NOTIFICATION DATED 16.8.11 ISSUED BY THE 2ND RESPONDENT //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J ....................................................... W.P.(C).22654/2011 .............................................. Dated this the 22nd day of August, 2011 JUDGMENT Petitioners are students of the third respondent College affiliated to the first respondent University. It is stated that alleging that in one of the subjects in the first semester MBA Degree Examination, petitioners had resorted to malpractice of copying, Exts.P1 and P2 memos were issued by the third respondent and the petitioners filed their explanation and appeared before the enquiry Officer also. Final orders have not been passed. However, petitioners continued to attend the classes and now the second semester Examination is due and the last date for remittance of fee is 23.8.2011. However on the ground that the enquiry is pending, fees was not accepted and that led the petitioners to file this writ petition. 2. Having regard to the fact that despite pendency of the proceedings the students were permitted to attend the classes, this Court directed the learned Standing Counsel for the University to obtain instructions why the students cannot be permitted to remit the fee and appear for the Examination, without prejudice to the continuance of the enquiry now pending. The learned Standing W.P.(C).22654/11 2 Counsel has obtained instructions in the matter and confirms that the proceedings are pending. Thus, as at present, though the enquiry is pending, fact remains that the petitioners have attended the second Semester classes. In that view of the matter, I am inclined to take the view that the petitioners should be permitted to remit the fee and appear for the second Semester Examination, subject to the outcome of the enquiry that is pending. 3. Therefore, there will be a direction to the respondents to accept the fee from the petitioners for the second semester MBA Examination and permit them to appear for the Examination also, provided they are eligible for the same in all other respects. It is clarified that the payment of fee and appearance in the Examination shall be without prejudice to the right of the respondents to conclude the proceedings that is already initiated against the petitioners in relation to the alleged malpractice committed during the first semester Examination. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs