ORDER :

1. Petitioner was a law student pursuing his professional law course in S.S.L. Law College at Gulbarga. According to the respondents, he was caught red handed while copying in the examination held on 06.07.2019 and a malpractice case was registered against him. After enquiry respondent No.2 passed the impugned order at Annexure-G which reads as under:

"This is to inform you that your case has been considered by the Malpractice Cases Consideration Committee at its meeting and the following decision is taken by the Committee as per Karnataka State Law University Examination Ordinances-2014.

Punishment may be imposed as per clause C (10) of Ordinance Governing malpractice by candidates i.e. The Candidate shall be debarred from taking next available 3 examination (in any semester) in all papers, besides forfeiting his performance in the examination in which he commits malpractice, by imposing a penalty of Rs. 1,000/-.

Further candidate shall not be permitted to keep terms for the next higher course or pursue other alternative courses till their term of punishment is over."

2. Learned counsel for the petitioner submits that the enquiry conducted is illegal, without authority of law and contrary to "The Ordinance Governing the Malpractice by Candidates Appearing in the Examination and Officials/Supervisory Staff, Punishment and Procedure under section 48 (1)(d) of Karnataka State Law University Act, 2009" and submits that no documents were provided to the petitioner before the commencement of the enquiry and no opportunity was given to the petitioner to cross examine any of the witnesses and merely based on the statement of the supervisor, the impugned order has been passed in stark violation of the basic principle of natural justice and hence the impugned order at Annexure-G and the consequent punishment imposed on the petitioner is illegal and without authority of law is liable to set aside.

3. Learned counsel appearing on behalf of respondent No.2 has filed a detailed statement of objection contending that a valid and proper enquiry was held before passing the impugned order. Referring to the proceedings of the Malpractice Committee held on 29.08.2019, learned counsel pointed out that the petitioner was issued with prior notice and he actually participated in the proceedings but refused to sign the order sheet and failed to cross-examine the witnesses and therefore the allegations made against the respondents are baseless and contrary to the records maintained by the Malpractice Committee.

4. Learned counsel for respondents further submitted that the petitioner having been caught red handed and the material used for malpractice having been recovered in his presence, there is prima facie material in proof of his misconduct and therefore there is no illegality whatsoever, either in the procedure adopted by respondent No.2 or in the punishment imposed on the petitioner and thus sought for dismissal of the petition.

5. Considered the submissions and perused the records. The Ordinance Governing Malpractice by candidates appearing in examination and Officials/Supervisory Staff, Punishment and Procedure under section 48 (1)(d) of Karnataka State Law University, Act, 2009 specifically provides for the Procedure for Conducting enquiry and Reporting. It reads as under:

The Procedure for Conducting enquiry and Reporting:

(a) The Chairman of the Malpractice Consideration Committee (MPCC) shall fix a date for the conduct of inquiry in respect of each case.

(b) The Registrar (Evaluation) shall send a notice, by post Under Certificate of Post, to all the candidates booked for Malpractice Case asking them to appear before the Malpractice Consideration Committee (MPCC) for enquiry on the date and time and the venue of the enquiry mentioned in the notice and charge in brief, against the accused.

(c) The Registrar (Evaluation) shall also send a copy of the notice to the Principal of the college to serve the notice to the accused under due acknowledgeme