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2020 Supreme(Online)(KER) 34442

HIGH COURT OF KERALA
Devan Ramachandran, J
NIDHAN FAZLY – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES – Respondent


Advocates:
SRI.K.M.FIROZ, SMT.M.SHAJNA, SRI.E.C.AHAMED FAZIL, SRI.P.C.MUHAMMED NOUSHIQ

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

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