JUDGMENT :

(Prayer in W.P.No.27310 of 2016: Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus Calling for the entire records connected with the impugned order of the 4th respondent in Office Memorandum No.COE/MP/APR 2016/201 dated 28.6.2016 and quash the same and consequently permit the petitioner to write the subject of English Language Teaching (PDEN42) of IV Semester as and when the same is held immediately in future.

W.P.No.27311 of 2016 : Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarifed Mandamus , Calling for the entire records connected with the impugned order of the 4th respondent in Office Memorandum No.COE/MP/APR 2016/201 dated 28.6.2016 and quash the same and consequently permit the petitioner to write the subject of English Language Teaching (PDEN42) of IV Semester as and when the same is held immediately in future.)

1. The issue involved in both these writ petitions are common and hence they are taken up together, heard and disposed of through this common order.

2. The petitioners were studying M.A.(English) at the third respondent University during the Academic Year 2014-16. There were totally four semesters for this course and according to the petitioners, they have cleared three semesters and took the fourth semester during the examination that was conducted during April-May 2016.

3. The results of the fourth semester were published on 18.06.2016 and the petitioners realised that they had failed in the ‘English Language Teaching’ subject (PDEN42) by securing 25 marks and 28 marks respectively out of 100 marks. This claim is made by the petitioners based on the result gally sheet which was affixed in the notice board of the University. The petitioners applied for the photocopy of the answer sheet in order to apply for revaluation. According to the petitioners, there was no proper response from the Head of Department and hence the petitioners decided to take the instant examination in the failed subject, which was fixed to be held on 23.07.2016. The petitioners paid the requisite fees and approached the Head of Department to get their hall tickets. It is at this point of time, the Head of Department informed them that they will not be issued with the hall tickets as they have been awarded the punishment of cancellation of all the written examinations held during April-May 2016. The petitioners were also issued with the office memorandum dated 28.06.2016 which was passed by the fourth respondent viz., Controller of Examinations. The further case of the petitioners is that, only at that point of time they were informed that they have indulged in some malpractice during the examinations held during April-May 2016 and that is why they have been given the punishment by the fourth respondent through office memorandum dated 28.06.2016. Aggrieved by the same, the petitioners have approached this Court.

4. The third respondent has filed a counter affidavit. In the counter affidavit, a specific stand has been taken to the effect that, the petitioners had indulged in malpractice in the examination that was held on 26.04.2016 and they were in possession of incriminating material relating to the examination. That apart, they also misbehaved with the Chief Superintendent when they were questioned. Based on the complaint given by the Chief Superintendent to the fourth respondent, the office memorandum dated 26.04.2016 was issued and it was sent to the Head of Department to inform the petitioners to appear before the disciplinary committee. The matter was thereafter placed before the disciplinary committee on 28.06.2016 and the committee took a decision to cancel all the written examinations that were taken by the petitioners during April-May 2016 session. This decision taken by the committee was placed before the Syndicate during the meeting held on 01.08.2016 and the Syndicate also ratified the action taken