1987 Supreme(Ker) 417
Kerala High Court
K.S.PARIPOORANAN,K.SREEDHARAN
Beena Philipose - Appellant
Versus
State of Kerala - Respondent
Decided On : 09/03/1987
K.V. Kuriakose and K. Surendra Mohan, for Petitioner; T.P. Kelu Nambiar, for Respondents.
The main legal point established in the judgment is the University Syndicate's authority to cancel examinations and debar students from future examinations based on the power granted under the Kerala University Act, 1974.
Headnote:
Fake Mark Lists - University Syndicate's Authority to Cancel Examinations - Kerala University Act, 1974, Section 5, 19, 23 - The court upheld the University Syndicate's authority to cancel examinations and debar students from future examinations based on the power granted under the Kerala University Act, 1974. The court found that the Syndicate acted within its competence to cancel the examinations and that the cancellation of examinations was not ultra vires its powers.
Fact of the Case:
The petitioners, a sister and brother, secured admission to the M.B.B.S. Degree Course by producing fake mark lists showing inflated marks in the qualifying examinations. The University of Kerala's Syndicate found them guilty of manipulating the mark lists and cancelled the examinations taken by them, debarring them from future examinations. The petitioners challenged the Syndicate's action.
Finding of the Court:
The court found that the Syndicate had the authority to cancel the examinations and debar the petitioners from future examinations based on the powers granted under the Kerala University Act, 1974. The court also held that the Syndicate's actions were within its competence and not ultra vires its powers.
Issues: The main grounds of attack were the Syndicate's authority to pass the impugned orders, violation of principles of natural justice in the enquiry, lack of evidence for the report submitted by the Enquiry Officer, and the University's cancellation of examinations after allowing the petitioners to take subsequent examinations.
Ratio Decidendi: The court upheld the University Syndicate's authority to cancel examinations and debar students from future examinations based on the power granted under the Kerala University Act, 1974. The court also found that the enquiry conducted by the 5th respondent was in compliance with the principles of natural justice. Additionally, the court held that the cancellation of examinations by the University was not ultra vires its powers.
Final Decision: The court dismissed the Original Petitions, finding no substance in the petitioners' contentions. The court also declined to grant a certificate to appeal to the Supreme Court.
SREEDHARAN, J. :- These Original Petitions are by a sister and brother. It was alleged that they secured admission to the M.B.B.S. Degree Course by producing fake mark lists showing inflated marks in the qualifying examinations. The Syndicate of the University of Kerala enquired into the matter, found them guilty of manipulating the mark lists and consequently cancelled the examinations taken by them. They challenge the said action of the Syndicate.
2. A Division Bench of this court while disposing of a batch of Original Petitions by judgement dated 23-12-1981 detected various irregularities in the conduct of examinations, preparation of mark lists and in the admission of students to various professional courses. In pursuance to the said decision, when the authorities enquired into the various aspects relating to the admission of students to professional courses, a large number of malpractices came to light. Bogus and fake mark lists were seen to have been used for securing admission to professional courses like medicine and engineering. It was revealed that the petitioners herein had resorted to such means in securing admission to M.B.B.S. Degree Course. Consequently, proceedings were taken against them and the University of Kerala passed Ext. P18 in O.P. No. 6898 of 1986 and Ext. P20 in O.P. No. 6906 of 1986, cancelling the examinations taken by the petitioners and debarring them from appearing in any examinations of the University to be conducted in future. The petitioners challenge the above orders.
3. Substantially identical questions arise in these Original Petitions. Therefore, we consider it advantageous to dispose of these original Petitions by a common judgement. We will narrate the short facts in O.P. No. 6898 of 1986 for a proper understanding of the case. The petitioner therein, namely, Smt. Beena Philipose, passed her B.Sc. Degree Examination in April, 1977. She got herself admitted to the M.B.B.S. Degree Course in the Medical College, Trivandrum. While she was in the fourth year, on 29-12-1981, the police filed a First Information Report, Ext. P1 in this case, before the Chief Judicial Magistrate's Court, Trivandrum. On 5-1-1982, the principal of the Medical College suspended the petitioner from the college as per Ext. P2 order. She challenged that order before this court by filing O.P. No. 249 of 1982. By Ext. P3 order dated 4-6-1982, the Controller of Examinations informed the petitioner that her results in B. Sc. Degree Examination and the first year M.B.B.S. Examination have been quashed and that she has been debarred from appearing in any examination till the enquiry against her is finally disposed of. Ext. P3 was challenged by the petitioner in O.P. No. 4232 of 1982. On 1-1-1983, the Controller of Examinations by Ext. P4 memo informed the petitioner that her results in the B.Sc. Degree Examination and the first year M.B.B.S. examination have been suspended and that she has been debarred from appearing in any examination pending enquiry into the alleged mark list forgery case. Enquiry Officer appointed by the Syndicate issued Ext. PS memo of charges on 13-5-1982. The petitioner gave Ext. P6 reply on 5-6-1982. She wanted the assistance of a lawyer in the enquiry. When that was denied, she approached this court by filing O.P. No. 10195 of 1982. This court dismissed Original Petition Nos. 249 of 1982 and 4232 of 1982 along with similar Original Petitions filed by others, on 28-2-1983. O.P. No. 7733 of 1985 filed by the petitioner praying for a direction to allow her to continue her studies and to appear in the examinations, was dismissed by this court on 14-10-1985. Writ Appeal No. 511 of 1985 filed against the said decision was dismissed in limine on 30-10-1985. While disposing of O.P. No. 10195 of 1982 on 6-11-1985, this court allowed the petitioner to be represented by a lawyer at the enquiry. A new Enquiry Officer was appointed by the University. He issued a fresh memo of charges on 7-12-1985. The p