Dismissed

T.Radhakrishna Pillai v. University of Kerala

Kerala HC24 Sept 2018WP(C)/24565/2018

Case brief

AI extract

What is this about?

This judgment dismissed a writ petition challenging the University of Kerala's order cancelling the petitioner's examination and barring his re-examination for a specific year for malpractice. The Court observed that the University has authority to cancel exams for malpractice and that the petitioner's delay in filing the petition precluded interference.

What did the court decide?

Petitioner not entitled to direction for publication of results for other papers; writ petition dismissed.

T.Radhakrishna Pillai Vs University of Kerala — Education and Admissions | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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MONDAY, THE 24TH DAY OF SEPTEMBER 2018 / 2ND ASWINA, 1940

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WP(C).No. 24565 of 2018

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PETITIONER/S:

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T.RADHAKRISHNA PILLAI AGED 51 YEARS CHERITHITTA, MYNAGAPPALLY NORTH P.O,KOLLAM DISTRICT, PIN-691507

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BY ADV. SRI.V.PREMCHAND

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RESPONDENT/S:

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1 UNIVERSITY OF KERALA REPRESENTED BY THE REGISTRAR,UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, PIN-69505034

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2 THE CONTROLLER OF EXAMINATIONS UNIVERSITY OF KERALA,THIRUVANANTHAPURAM,PIN-6905034

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3 DEPUTY REGISTRAR EXAMISI UNIVERSITY OF KERALA,THIRUVANANTHAPURAM,PIN 6905034

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BY ADV. SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA G.RENJITA GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 24565 of 2018

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JUDGMENT

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The petitioner is enroled for B.A.(English) Degree course with the Kerala University. For the 3^rd year Degree Examination, petitioner was caught red handed for malpractices in examination for Paper-6 English for Communication. The University cancelled the entire examination, which he wrote and also ordered that he can be permitted to write examination only in the year April, 2017. The examination, which was the subject matter of such order of the University was on 15.10.2015. The petitioner approached this Court on 20.07.2018, seeking a direction against the University to Publish his results for all other papers, other than the one which malpractice was conducted.

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2. It is to be noted that the penalty imposed by the University is over. The petitioner has chosen to approach this Court only in the year 2018. The University is having the power to cancel the entire examinations in the light of detection of malpractice in one of the papers. Anyhow, at this distance of time, this Court need not interfere with the decision of the University.

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WP(C).No. 24565 of 2018

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In the result, this writ petition is only liable to be dismissed and accordingly the writ petition is dismissed.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE MEMO DATED 05/12/2016 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P2	TRUE COPY OF THE REQUEST DATED 10/12/2016 BEFORE THE 2ND RESPONDENT
EXHIBIT P3	TRUE COPY OF THE PETITION DATED 25/01/2018 BEFORE THE 2ND RESPONDENT
EXHIBIT P4	TRUE COPY OF THE COMMUNCATION DATED 16/02/108 FROM THE 3RD RESPONDENT

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RESPONDENTS' EXHIBITS :

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ANNEXURE R1(A) THE TRUE COPY OF THE ORDER DATD 04.11.2016 OF THE STANDING COMMITTEE OF THE SYNDICATE ON STUDENTS' DISCIPLINE.

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//TRUE COPY//

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SKK

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P.A. TO JUDGE

T.Radhakrishna Pillai v. University of Kerala

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T.Radhakrishna Pillai v. University of Kerala

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