The judgment emphasized the necessity of proportionality and context in academic misconduct cases, allowing for the possibility of leniency in penalties based on specific circumstances.

JUDGMENT

The petitioner is stated to be a student pursuing medical studies, leading to the degree of MBBS at the Government Medical College, Kozhikode, which is affiliated to the 1st respondent-Kerala University of Health Sciences. He says that he was allowed to take the first year supplementary examinations, but that an allegation was impelled against him that he had carried his mobile phone inside the examination hall and had tried to copy there-from. He concedes that the first limb of the allegation is factually true, since he had inadvertently carried his mobile phone; but that the 2nd limb – that he had attempted to copy there-from – is factually incorrect, since he had made no attempt to do so and consequently, that he cannot be found to have committed any malpractice, as alleged against him.

2. The petitioner says that in spite of this, Ext.P9 recommendation was made by the 'Malpractices and Lapses Enquiry Committee' (MLEC for short) of the University, recommending that the examination written by him be cancelled and that he be debarred from one more chance, which has been approved by the Governing Council of the University thereafter. He thus prays that Ext.P9, to the extent to which it applies to him, be set aside and that the University be directed to allow him to write the next examination.

3. When this matter was considered by me on 10.11.2020, I had heard the learned counsel for the petitioner, Sri.K.M.Firoze, on the afore lines and had, therefore, directed the learned Standing Counsel for the University, Sri.P.Sreekumar, to produce all materials on record to establish that the petitioner had attempted to commit malpractice in the examination.

4. Today, the learned Standing Counsel has produced a letter issued by the petitioner to the Controller of Examinations of the University, along with a memo, dated 17.09.2020 and I notice there-from that the petitioner has conceded that “I unfortunately kept my phone in my pocket during the examination of anatomy paper-II and I tried to look at it” (sic). In the said letter, the petitioner also admits his mistake and assures the University that he will never repeat it.

5. Obviously, therefore, the fact that the petitioner had carried the phone is admitted and the fact that he tried to look at it is also virtually admitted, going by his letter issued to the Controller of Examinations. I cannot, therefore, find the action of the MLEC or that of the Governing Council of the University, in having issued Ext.P9 against the petitioner, to be in error, since the minimum punishment as per the Examination Manual is debarring of two future chances, though the petitioner has been imposed with only debarring of one future chance.

6. That said, however, the facts of this case would reveal that the petitioner, in Ext.P9 recommendation of the MLEC, is only alleged to have carried his phone inside the examination hall, but the factum of his having attempted to copy there-from has not been mentioned therein. I, however, hasten to add that, I am not saying that these allegations are untrue, but only that they have not been unequivocally proved yet.

7. Therefore, going by the proven facts, the petitioner carried his phone inside the examination hall and this will certainly can invite the maximum punishment under the Manual. However, I am of the view that the University must consider the petitioner's case with more sympathy since, as I have seen above, the petitioner says that he took the phone inside the examination hall inadvertently and without any intention to commit any malpractice.

8. On discerning my mind as afore, the learned Standing Counsel for the University, Sri.P.Sreekumar, submitted that, though he would request this Court to not to pass any orders in favour of the petitioner, he may be given the opportunity of approaching the Governing Council of the University with a Review petition, which can certainly be considered taking note of all relevant facts and inputs. He says that this will