Disposed

Anil Thomas v. Mahatma Gandhi University

Kerala HC23 Nov 2016WP(C)/16539/2016

Case brief

AI extract

What is this about?

Two writ petitions regarding malpractice allegations prevented a student from taking examinations. The court permitted provisional appearance for the supplementary exam and directed the University to finalize the enquiry within two months.

What did the court decide?

Petitioner permitted to write 8th Semester Supplementary Examination; University directed to finalize enquiry within two months.

Anil Thomas Vs Mahatma Gandhi University — Education and Admissions | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

WEDNESDAY, THE 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938

¶5

WP(C).No. 16539 of 2016 (N)

¶6

PETITIONER(S):

¶7

ANIL THOMAS, 8TH SEMESTER STUDENT, B. TECH (MECHANICAL ENGINEERING), MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALAM, ERNAKULAM DISTRICT, RESIDING AT VATTAPALATHU HOUSE, EDAMARUKU, MELUKAVUMATTOM VIA, KOTTAYAM-686 652.

¶8

BY ADV. SRI.K.A.MOHAMED HARIS.

¶9

RESPONDENT(S):

¶10

1. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560, REPRESENTED BY ITS REGISTRAR.

¶11

2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686 560.

¶12

3. THE CHAIRMAN, STUDENTS GRIEVANCE CELL, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686 560.

¶13

4. THE PRINCIPAL, MAR ATHANASIUS COLLEGE OF ENGINEERING, KOTHAMANGALAM, ERNAKULAM-686 666.

¶14

R1 TO R3 BY ADV. SRI.VARUGHESE M.EASO, SC.

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-11-2016, ALONG WITH WP(C).NO.37138 OF 2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

rs.

¶17

WP(C).No. 16539 of 2016 (N)

¶18

APPENDIX

¶19

PETITIONER'S EXHIBITS:-

¶20

P1 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER.

¶21

P2 TRUE COPY OF THE MEMO ISSUED TO THE PETITIONER DATED 06/01/2016. P3 TRUE COPY OF THE SHOW CAUSE MEMO DATED 23/02/2016 ISSUED TO THE PETITIONER.

¶22

P4 TRUE COPY OF THE REPLY DATED 05/03/2016 SUBMITTED BY THE PETITIONER.

¶23

P5 TRUE COPY OF THE JUDGMENT DATED 27/05/2015 IN WP(C).NO. 14766/2015 OF THIS HONOURABLE COURT.

¶24

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

A.M. SHAFFIQUE, J.

¶29

=============== W.P. (C) Nos. 16539 & 37138 of 2016

¶30

=========================

¶31

Dated this, the 23^rd day of November, 2016

¶32

J U D G M E N T

¶33

WP(C) No. 16539/16 has been filed by the petitioner seeking for a direction to permit the petitioner to appear for the 8^th Semester B.Tech (Mechanical Engineering) regular and other Supplementary Examinations and for a direction to the University to finalise the proceedings pursuant to Ext.P3 memo without any delay.

¶34

The short facts that give rise to the writ petition would disclose that the petitioner was issued with a memo directing him to appear before the Enquiry Committee constituted for the purpose on the allegation that he had conducted malpractice during the practical examination on 6/1/2016. According to the petitioner, the enquiry is not being finalised and therefore, he is not in a position to write the examination. By an interim order dated 3/5/2016, this Court had permitted the petitioner to provisionally appear in the 6^th Semester (Supplementary), 7^th Semester (Supplementary) and the 8^th Semester (Regular) Examination of B.Tech (Mechanical). However, it was made clear that the results of the examination shall

¶35

W.P(C) Nos.16539 & 37138/16

¶36

-:2:-

¶37

not be published without getting orders from this Court. Further, the 1^st respondent University was directed to finalise the proceedings pursuant to Ext.P3 without any further delay.

¶38

WP(C) No. 37138/16 has been filed inter alia stating that the petitioner participated in the 8^th Semester (Regular) Examination but according to him he would like to write the 8^th Semester Supplementary Examination also. Apparently, the results of the petitioner's 8^th Semester Regular Examination has not been declared on account of the directions issued by this Court in WP(C) No. 16539/16. According to the petitioner, if by any chance, the regular Examination of 8^th Semester Examination is declared invalid by the University, he may not get a further chance to write the examination and therefore he is attempting Supplementary examination as well.

¶39

Learned counsel for the University submits that the grievance of the petitioner had been enquired into and the matter is pending before the Vice Chancellor, which has to be placed before the Syndicate and the Syndicate is the authority to take a final decision in the matter, which shall be done within a period of two months.

¶40

W.P(C) Nos.16539 & 37138/16

¶41

-:3:-

¶42

Taking into consideration the aforesaid facts, I am of the view that these writ petitions can be disposed of as under:-

¶43

(i) That the petitioner shall be permitted to provisionally write the 8^th Semester Supplementary Examination.

¶44

(ii) The University shall take a final decision in the enquiry

¶45

with reference to the memo aforesaid within a period of two months.

¶46

(iii) The results of the petitioner shall be published after a decision is taken by the University and subject to the same.

¶47

Sd/-

¶48

A.M. SHAFFIQUE, JUDGE

¶49

Rp23/11/2016

¶50

//True Copy//

¶51

P.S to Judge

Anil Thomas v. Mahatma Gandhi University

Case brief

What is this about?

What did the court decide?

Anil Thomas v. Mahatma Gandhi University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohammed Sadik Nisar Vs Federal Bank Limited

Kerala Co-Operative Employees Union (Citu) Vs State of Kerala

N.Jagadisan Nair Vs the District Collector

The Principal, Ezhuthachan College of Pharmaceutical Sciences Vs Kerala University of Health & Allied Sciences

Jose T.J Vs Mahatma Gandhi University

M/S Glass Palace Vs Commercial Tax Officer-Ii