IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 33855 of 2009(B) ---------------------------------------- PETITIONER(S): ------------------------- 1. RAMESH T.R., S/O. RAMACHANDRAN T.C., AGED 20 YEARS, THAIVALAPPIL HOUSE, MEKKAD P.O., KARAKKATTUKUNNU, ANGAMALI, ERNAKULAM (DT.), REG. NO. 51248, 5TH SEMESTER INFORMATION TECHNOLOGY, UNIVERSITY COLLEGE OF ENGINEERING, MUTTOM, THODUPUZHA. 2. RINSE JOSEPH, S/O.JOSEPH K.V. AGED 21 YEARS, KOONAMMACKAL HOUSE, KARIMANOOR P.O., THODUPUZHA IDUKKI DISTRICT, REG. NO. 51249, 5TH SEMESTER INFORMATION TECHNOLOGY, UNIVERSITY COLLEGE OF ENGINEERING, MUTTOM, THODUPUZHA. BY ADVS. MR.T.S.JOHN, MR.JESTIN MATHEW. RESPONDENT(S): --------------------------- 1. THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENTS,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA,KOTTAYAM. 3. THE CONTROLLER OF EXAMINATIONS, M.G. UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 4. THE PRINCIPAL AND CHIF SUPERINTENDENT, UNIVERSITY OF ENGINEERING, MUTTOM, THODUPUZHA. R1 BY GOVERNMENT PLEADER MR. K.RAMESH R2 &R3 BY ADV. MR. T.A. SHAJI, SC, MG.UTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33855/2009 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE HALL TICKET OF THE 1ST PETITIONER. P2: COPY OF THE HALL TICKET OF THE 2ND PETITIONER. P3: COPY OF NOTICE NO.UCET/B.TECH/EXAM/NOV/DEC.2009 DTD. 23RD NOV.2009. P4: COPY OF NO.UCET/B.TECH/EXAM/NOV/DEC/2009 DTD. 23RD NOV.2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33855/2009-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of January, 2010 J U D G M E N T The petitioners herein are respectively students of the Information Technology Engineering Course. They appeared for the fifth semester examinations which commenced from 23/11/2009. It appears that on the allegation that they have copied the answers from one another, action was taken against them. Ext.P3 is the copy of the notice received by the first petitioner and Ext.P4 is the copy of the notice received by the second petitioner in that regard. 2. The main prayer in the writ petition is to quash Exts.P3 and P4 and for a direction to permit the petitioners to complete the fifth semester. 3. While admitting the writ petition, this Court passed an interim order on 25/11/2009 in the following terms:- “There will be an interim order directing respondents 2 to 4 to provisionally permit the petitioners to continue to appear for the 5th semester B.Tech Degree Examination that commenced on 23/11/2009 on a provisional basis subject to the outcome of the proceedings if any W.P.(C). No.33855/2009 -:2:- initiated against them by the Mahatma Gandhi University/College Authorities for allegedly committing malpractice in the examination held on 23/11/2009. The appearance of the petitioners will be purely provisional and their appearance will be liable to be cancelled in the event of the petitioners being found guilty of malpractice. It is also clarified that the results of the examination in so far as it relates to the petitioners shall not be published until further orders.” 4. Heard the learned Standing Counsel for the University. Further action in the matter is yet to be finalised. The respondents are free to finalise the same. The appearance of the petitioners in the examinations, in terms of the interim order, and the publication of the results thereof, will be subject to the final outcome of the enquiry against them. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms