IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 12436 of 2011(D) -------------------------- PETITIONER(S): --------------- ALEN THOMAS.VATTAKUNNEL HOUSE, EZHATHUR P.O., THODUPUZHA BY ADV. SRI.T.C.KRISHNA SRI.PRATAP ABRAHAM VARGHESE RESPONDENT(S): --------------- 1. THE PRINCIPAL AND CHIEF SUPERINTENDENT UNIVERSITY EXAMINATIONS IN ENGINEERING, VISWAJYOTHI SCHOOL OF ENGINEERING AND TECHNOLOGY,VAZHAKULAM,MUVATTUPUZHA 686 670. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY,ATHIRAMPUZHA PO, KOTTAYAM 686 562. 3. VICE CHANCELLOR,MAHATMA GANDHI UNIVERSITY,ATHIRAMPUZHA PO,KOTTAYAM 686 562. ADV. SRI.V.M.KURIAN FOR R1 SRI.MATHEW B. KURIAN FOR R1 SRI.K.T.THOMAS FOR R1 SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12436 of 2011 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF THE HALL TICKET ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT EXT.P2- A TRUE COPY OF THE RECEIPT EXT.P3- A TRUE COPY OF THE REPRESENTATION DATED 8.4.2011 FROM THE PETITIONER TO THE 3RD RESPONDENT /true copy/ P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).12436/2011 .............................................. Dated this the 14th day of December, 2011 JUDGMENT While the petitioner was 3rd semester B.Tech student in the Viswajyothi School of Engineering and Technology, affiliated to the M.G.University, he was alleged to have committed malpractice in the 3rd semester examination held in November, 2010. Proceedings were initiated and on account of the pendency of such proceedings, he was prevented from appearing in the subsequent examinations. It was in these circumstances, this writ petition was filed and this Court passed order dated 19.4.2011 directing the respondents to permit the petitioner to register and appear for the 4th semester examination and first semester supplementary examination. It was further directed that results shall not be declared until otherwise ordered by this Court. 2. Accordingly, the petitioner appeared for the examination and results are withheld. While so, on conclusion of the proceedings relating to the malpractice alleged to have been committed by the petitioner, University have issued memo dated 24.10.2011, a copy of which has been produced as Ext.P4. In this memo, the W.P.(C).12436/11 2 following decisions have been taken by the syndicate in its meeting held on 1.102011, which read as under:- 1. Cancel the paper 'Microprocessor Systems' of 3rd semester B.Tech Computer Science and Engineering - November, 2010 attended by Sri.Alen Thomas since its secrecy has lost. He may be permitted to appear the supplementary examination for 'Microprocessor Systems' in November, 2011. 2. Published all his results which are withheld till date and 3. Permit him to write all subsequent examinations. 3. Therefore, except cancellation of one paper mentioned above, no other punishment is decided to be imposed on the petitioner. In that view of the matter, petitioner is entitled to have the results declared. With the above direction, the writ petition is closed. ANTONY DOMINIC, Judge mrcs