KHALID, J. :- A Division Bench of this Court while considering a series of writ petitions in which judgment was pronounced on 23rd December, 1981 detected various irregularities in the conduct of examination, preparation of mark-lists etc. During the hearing, some of the answer papers, chosen at random, of the candidates selected for admission to the M.B.B.S. Degree were re-examined with the help of competent academicians. Re-examination made alarming disclosures. Such disclosures made the Court to alert the authorities for necessary follow-up action in the following words:

"Certain element of deterrance is necessary in dealing with persons associated with malpractices whether it be the candidates, examiners or the University staff. Having looked into files concerning such action by the University of Kerala in the past, we are afraid that persons concerned in such malpractices have been dealt with very softly. Whenever cases come to the notice of the University authorities or Government very often stern notice is called for in larger public interest. It would also be worthwhile to look into the history of admission to professional colleges in the various previous years to locate unqualified persons, if any, who have been able to get in through the back door."

The University swung into action. Crimes were registered by the police on complaints from the University against some of the petitioners. Investigation followed. Some of the petitioners were arrested and released on bail. The Principal of the Medical College suspended the petitioners from the classes. The University authorities suspended their results and debarred them from appearing in future examinations. This affords the background for the genesis to the present petitions.

2. The above petitions involve the same questions of law and are therefore being disposed of by a common judgment. In O.P. Nos.247, 248, 249, 625, 897 and 4339 of 1982 it is the suspension orders by the Principal that are under challenge. In O.P. Nos.4231, 4232, 4230, 4535, 4412, 6724, 6717, and 8206 of 1982 the orders of the Syndicate suspending the results of the examination and debarring the petitioners from appearing for future examinations till the finalisation of enquiry against them are under challenge. First we will refer to the bare facts contained in the petitions and the counter-affidavits and then proceed to discuss the question of law.

3. O.P. Nos.247/82 and 4231/82. The petitioner in these two petitions is the same. He is a First Year M.B.B.S (Additional) Student of the Medical College, Trivandrum. He was arrested by the police on suspicion about the mark-list submitted by him when he applied for admission to the M.B.B.S. course. He was released on bail on 30-12-1981. By Ext.P1 order dated 5-1-1982 issued by the Vice-Principal-in-charge he was suspended from the course in the college with immediate effect. The petition is to quash Ext.P1 and for other reliefs. In the counter-affidavit filed by the Principal, it is stated as follows: In his application for admission to the college, the petitioner had produced a certificate showing that he had obtained the following marks in his Pre-Degree examination in the optional subjects :

Physics. " 135.

Chemistry. " 143.

Biology.

" 138

Total " 416.

(out of 450)

According to the Tabulated statement of marks prepared and maintained by the University, he had obtained only the following marks :

Physics. " 135.

Chemistry. " 125

Biology.

" 138

Total "398

(out of 450)

It was on the ground that the petitioner had produced forged mark-list that a crime was registered against him and he was arrested.

4. O.P. Nos.248/82 and 4230/82. The petitioner is the same in these two petitions. He is a Third Year M.B.B.S. Student (senior) in the Medical College, Trivandrum. He was arrested on 29-12-1981 and was released on bail on 2-1-1982. He showed the following marks of for the optional subjects when he sought admission to the Medical college.

Physics. " 134.

Chemistry. "