A BA LLB student challenged the university's malpractice punishment order for exam cheating, alleging lack of notice and non-communication under the KSLU Act's malpractice ordinance. Records showed he participated in and signed the 05.01.2024 enquiry proceedings. Finding no grounds, the High Court dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 6712 OF 2024 (EDN-RES)
BETWEEN:
MR. LIKHITH .Y AGED ABOUT 22 YEARS C/O: YOGANANDA, TYPE II QUATRES NO.278, GCCRPF, YELAHANKA, BENGALURU - 560 064.
…PETITIONER
(BY SRI: VIJAY GOWDA .L., ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT: SARITA KULKARNI, ADVOCATE FOR R1 SRI: RAJASHEKAR .K., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 23.1.24 ISSUED BY R1 BEARING NO.KSLU/MPC/SAME-2023 (OCT/NOV) HEREIN PRODUCE AT ANNEXURE-C. DIRECTING THE R2 COLLEGE TO ACCEPT THE ADMISSION OF THE PETITIONER FOR 5TH YEAR BA LLB. DIRECTING THE RESPONDENTS TO ALLOW THE PETITIONER TO TAKE UP NEXT TWO AVAILABLE EXAMINATIONS AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:10046 WP No. 6712 of 2024
ORDER
"a) To issue a writ of certiorari quashing the order dated 23.01.2024 issued by respondent No.1 bearing No.KSLU/MPC/June-2023 (Oct/Nov) herein produced at Annexure-C."
that without issuing any notice to the petitioner by respondent No.1, enquiry proceedings were continued and punishment imposed on petitioner as regarding malpractices alleged to have been committed by the petitioner in carrying hand written chits to the examination and copying in the exam. His further submission is that the punishment order has also not been communicated to the petitioner in terms of the Ordinance Governing Malpractice by candidates appearing in the examination and Officials/Supervisory Staff, punishment and procedure under section 48(1)(d) of the Karnataka State Law University, Act, 2009.
NC: 2024:KHC:10046 WP No. 6712 of 2024
NC: 2024:KHC:10046 WP No. 6712 of 2024
petition is dismissed .
Sd/JUDGE
BH
List No.: 1 Sl No.: 15
2 issues framed by the court
Whether the malpractice punishment imposed on the petitioner was invalid because notice and the punishment order were allegedly not served by respondent No.1.
Whether the enquiry proceedings and punishment order were properly communicated to the petitioner.
2 provisions across 2 enactments
MR. LIKHITH .Y
THE REGISTRAR (EVALUATION) KARNATAKA STATE LAW UNIVERSITY
THE PRINCIPAL, SRI JAGADGURU RENUKACHARYA COLLEGE OF LAW
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
