IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 23177 of 2010(V) ----------------------------------------- PETITIONER(S): ------------------------ SHAMEERA NASIR, D/O.ABDUL NASIR KADAVIL P.O.BOX.NO.51133, ABU DHABI, UNITED ARAB EMIRATES, RESIDING AT KADAVIL HOUSE, MARAMPILLY, ALUVA. BY ADV. SRI.P.K.ABOOBACKER (EDAPPALLY), SRI.CIBI K.CHERIAN. RESPONDENT(S): ------------------------- 1. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, THENHIPALAM P.O., MALAPPURAM DISTRICT-701 102. 2. THE CONTROLLER OF EXAMINATIONS, PAREEKSHA BHAVAN, UNIVERSITY OF CALICUT, THENHIPALAM P.O., MALAPPURAM DISTRICT-701 102. R1 & R2 BY ADV. MR.P.C. SASIDHARAN, SC, CALICUT UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S. SIRI JAGAN, J. ---------------------- W.P.(C). No. 23177 of 2010 ------------------------------------ Dated this the 5th day of August, 2010 JUDGMENT The petitioner, who was a student of B.com degree course during 2005-2008, at Capital Educational Institute at Abu Dhabi, an institution affiliated to the University of Calicut, had appeared for the final year university examinations conducted by the university of Calicut in June-July, 2008. The result of her examination was withheld along with those of others. Apparently, the results were withheld because of certain allegations of malpractices. Pursuant to Judgement in W.P.(C)No.13216/2009 and a contempt case, ultimately the university took a decision to publish the results of those students not involved in malpractices, pursuant to which the contempt case was closed. But the result of the petitioner was not published. Subsequently, the petitioner was issued with Ext.P4 memo of charges, wherein charges of malpractice, were raised against the petitioner. All though the petitioner filed Ext.P5 reply, the university has not taken a final decision thereon and at the same time the results of W.P.(C). No. 23177 / 2010 2 the petitioner's examination continues to be withhled. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: i) The call for the records relating to exhibit P1 to P5 and to issue a writ of Mandamus or any other appropriate writ, direction or order or directing the respondents to publish the final year B.Com results of the petitioner's B.Com degree course for the academic year 2005-2008 with Register No.BUAFBS 0005. ii). To issue a Writ of Mandamus or any other appropriate writ, order directing the respondents to consider and pass appropriate orders on Ext.P5 explanation filed by the petitioner forthwith. iii) To issue a Writ of Mandamus or any other appropriate writ, order directing the respondents to pay adequate damages or compensation to the petitioner for loosing her valuable Two Academic Years and her valuable chances for employment in gulf country. iv) To pay exemplorary cost for this petition to the petitioner. v) To grant such other relief that may be deemed fit by this Hon'ble court in due course of this case and to pass cost of this case. 2. On 26.07.2010, I directed the Learned Standing Counsel for the university to get instructions as to within what time the disciplinary action against the petitioner as per Ext.P4, for malpractices in examination, can be completed. Today, the W.P.(C). No. 23177 / 2010 3 learned Standing Counsel submits that the petitioner is in Dubai and therefore, the only way the enquiry can be completed is by video conference. The learned counsel for the petitioner submits that if necessary, petitioner is prepared to come down to Kerala for the purpose. The learned Standing counsel seeks three months time to complete the process. 3. Accordingly, I dispose of this writ petition with the following directions: The proceedings initiated by Ext.P4 memo of charges shall be completed by the respondents as expeditiously as possible at any rate within three months from the date of receipt of this copy of this judgement. If the proceedings are not completed within the said time the results of the petitioner shall be published. S. SIRI JAGAN, JUDGE. ln