Delinquent must be afforded opportunity to defend himself.

The prayer in the writ petition is to call for the records relating to the order of the 1st respondent herein made in Memo.No.COE/C30/2005/3069-39, dated 18.11.2005 and quash the same and consequently direct the respondents to declare the results of the petitioner in respect of all papers undertaken by the petitioner herein in April/May 2005.

2. It is the case of the petitioner, that he is a student of Valliammai Engineering College, Potheri, Chengalpattu District studying B.E. Degree Course. The course comprises of eight semesters and the petitioner has completed the course in March, 2005. On 31.8.2005, the petitioner had received a communication from the second respondent wherein, it was stated that the petitioner is directed to appear before the Enquiry Committee on 20.9.2005, since he is alleged to have been involved in the answer books scandal in the April/May 2005 semester examinations. The nature of malpractice was stated to be tampering and replacement of answer books. The petitioner had sent a telegram stating that he was not in a position to appear on that date and thereafter, a further communication was received by the petitioner on 29.9.2005 stating that since he had failed to appear before the enquiry committee on 20.9.2005, the committee had decided to give him a second and final chance to represent his case and therefore, he was directed to appear before the enquiry committee on 6.10.2005. The petitioner had appeared for the enquiry conducted on 6.10.2005. The enquiry committee consisted of three persons whose names and designations are not known to the petitioner. A microphone was fixed on the petitioner's shirt and the proceedings were videographed. From the questions posed to him, the petitioner was clear that the enquiry committee was enquiring about the alleged tampering only in respect of the Maths-III pa­per. In addition to the Maths-III paper the petitioner had also written the other subjects, viz., Electro Magnetic Fields, Electronic Circuits-II, Digital Signal Processing, Control Systems, Television Switching (6 SEM), Microwave Engineering, Total Quality Management and Switching and Networking.

3. The questions posed to the petitioner were mainly directed on finding out whether the paper relating to Maths-III was written by the petitioner or by someone else. On a perusal of the paper the petitioner had found that almost 28 to 29 pages were in his handwriting and the balance 4 to 5 pages were not in his hand writing. According to the petitioner, it was apparent that somebody had tampered with the answer papers. The petitioner had also stated during the enquiry that he had sent an e-mail on the same day on knowing that his results had been withheld. Further, he had also stated that he had stayed in Chennai from the date of examination till the date of enquiry.

4. On the basis of the enquiry, an order was passed by the first respondent on 18.11.2005 which is as follows:

"A case of malpractice (i.e.) replacement of original answer book involving certain students during April/May 2005 Examinations was reported to the University. Since there was some prima facie in the case, a complaint was lodged with the police as some outsiders are also involved in the scandal and the police have registered a case. Thiru Sunil Kumar Kallempudi with Reg.No.42201106111 a student of Valliammai Engineering College is alleged to have been involved in the malpractice. Consequent to the above, an enquiry committee was constituted by the University to enquire into the malpractice committed by the candidate. The committee enquired the said candidate and went through all the records, found that the candidate was involved in the malpractice and has submitted its report. The report of the enquiry committee was placed before the Syndicate at its 171st meeting held on 26.10.2005. The Syndicate has considered the matter in detail and resolved to cancel all the examinations (all papers, theory, and practical-current & arrears) ta