The petitioner sought a writ to publish exam results and overturn a decision confiscating a mark list. The Court observed past malpractice and debarment. It held no prima facie case for relief and dismissed the petition.
Petitioner's applications for Certiorari and Mandamus regarding result publication and mark list confiscation are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943
WP(C) NO. 20129 OF 2021
PETITIONER/S:
SIJOY PHILIP AGED 42 YEARS S/O PHILIPPOSE, EDAPALLITHARA HOUSE, MARANGATTUPILLY.P.O, KOTTAYAM-686635.
BY ADV M.VANAJA
RESPONDENT/S:
1 THE VICE CHANCELLOR M.G.UNIVERSITY, KOTTAYAM-680560. 2 THE REGISTRAR, M.G.UNIVERSITY, KOTTAYAM-680560. 3 THE CONTROLLER OF EXAMINATION & FINANCE OFFICER, MAHATMA GANDHI UNIVERSITY, KOTTAYAM-695033.
OTHER PRESENT:
SRI SURIN GEORGE IYPE SC MG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court seeking the following reliefs:
i) To call for the records leading upto as Exhibit-P5 and consider the same, by the issuance of a Writ of Certiorari or any other appropriate writ, order or direction;
ii) To declare that the results of publishing the results of the paper X111 Direct Taxes laws and practice exam in the year 2018 December
iii) To issue a Writ of Mandamus commanding the respondents to re issue the mark list confiscated from him or grant permission to the petitioner to write the exam without collecting exam fee for the exam which he has already passed in 2015.
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respondent and again deposited Rs.7003/- as examination fee, camp fee etc to appear for the exam in the year 2015, Ext.P1. Petitioner appeared for the paper XIII Direct Taxes laws and practice in the year 2018 as evident from the hall ticket Ext.P3. But the result has not been published so far. In the meantime, received a memo from the 2nd respondent office to surrender original of the mark list in Paper 1 Advanced Financial Accounting for the examination conducted in 2015. The said action according to the submission of the learned counsel for the petitioner is arbitrary and illegal.
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he had no registration without the consent of the University. On account of that fact, he was debarred from appearing for any examination of the University till August 2018. 17 chances to clear the back papers have so far been availed but has failed in all attempts.
It is submitted that the petitioner was unable to pass those papers during the Course period for the reason that he had committed malpractice in the examinations twice and for each malpractice, he was debarred from appearing for University Examinations for a specific period by the University. The details are given below
(1) May 2008 IV Semester Examination - debarred from appearing exams before May 2010 as per the Minutes of the Syndicate Item No:140./10.07/190 dated 09.09.2010 (Exam Manual 5/5.23)
(1) September 2015 Exam for tampering with the Hall Ticket issued by the University. (Exam Manual 14.2).
As per the Minutes of the Student Discipline, Welfare, Grievance Committee item No: 17150 dated 20-12-2017. it was resolved to cancel all the exams appeared by the petitioner with register no: 192883 and to debar him from appearing all the examinations till August 2018.
It is a matter of record that the 1st , 2nd and 3rd semesters
consisting of following subjects:
1st Semester: February 2007
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I - Advanced Financial Accounting III- Financial Management Concepts IV - Quantitative Techniques
2nd Semester: July 2007
VI Financial Management Strategies VIII Management Accounting IX- Operations Research
3rd Semester: January 2008
IX - Direct Taxes Law and Practice X - Investment Management
In the extracted paragraph above, it is evident that the petitioner was debarred in many occasions on account of malpractices, which has been intentionally concealed from the notice
of this Court. The hall ticket of examination of 2018 has been attached but not of 2015 as this Court would have been prima facie, satisfied of indulging into malpractices. Candidate with such backgrounds cannot be granted the relief as sought for, even a mercy chance under Article 226 of the Constitution of India. The first semester mark list of September 2015 was recalled of the University as examination taken by the petitioner was on account of malpractice committed by him. No ground for interference is made out. Writ petition is accordingly dismissed.
SD/- AMIT RAWAL, JUDGE
sab
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APPENDIX OF WP(C) 20129/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF FEE RECEIPT DATED 16.6.2015. Exhibit P2 TRUE COPY OF THE CHALLAN NO.18100221600 DATED 24.10.2018 Exhibit P3 TRUE COPY OF THE HALL TICKET IN DECEMBER 2018 WITH REG.NO.24000. Exhibit P4 TRUE COPY OF THE MEMO DATED 20.3.2021 TO SURRENDER THE PAPER 1 ADVANCED FINANCIAL ACCOUNTING REG.NO.192883 FOR THE EXAM CONDUCTED IN 2015. Exhibit P5 TRUE COPY OF THE REPRESENTATION DT.4.03.2021 SUBMITTED BY THE 3RD THE RESPONDENT (WITH ENGLISH TRANSLATION).
2 issues framed by the court
Whether the petitioner is entitled to a writ of Certiorari or Mandamus to publish examination results or revisit a mark list confiscated due to past malpractice.
Whether malpractice committed by the petitioner and subsequent debarment justify the dismissal of the writ petition without interference.
Sijoy Philip
The Vice Chancellor M.G. University
The Registrar, M.G. University
The Controller of Examination
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
