IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945 WP(C) NO. 25663 OF 2022 PETITIONER/S:

1 UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM 695034

2 CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, PALAYAM THIRUVANANTHAPURAM-695034 BY ADV THOMAS ABRAHAM RESPONDENT/S:

1 AMAL V S SREE VINAYAK, KALLUPALAKKADA, PERUMPUZHA P.O.. KOLLAM 691504

2 THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR, LEGISLATURE 695033 COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM .

BY ADV AMAL V S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

11.04.2023, ALONG WITH WP(C).25695/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945 WP(C) NO. 25695 OF 2022 PETITIONER/S:

1 UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM- 695034.

2 CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM-695034.

BY ADV SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA(SC-2144)

RESPONDENT/S:

1 S S DEVANARAYANAN, SANTHALAYAM, KARIMPALOOR, PUTHENKULAM P.O., KOLLAM 691302.

2 THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR, LEGISLATURE COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM- 695033.

BY ADV S.S.DEVANARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, ALONG WITH WP(C).25663/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

S.MANIKUMAR , CJ .

In these writ petitions, the University of Kerala has challenged Ext.P1 common order of the Upa Lok Ayukta dated 27.07.2022 in Complaint Nos.84/2022 and 86/2022.

2. Considering the averments made in these writ petitions and prayers sought for, on 10.08.2022, this Court passed the following order:

Before Kerala Lok Ayukta, Complaint No.84 of 2021 has been made by the one Amal.V.S. - 1^st respondent in W.P.(C) No.25663/2022, for the following reliefs:

"(1) I may be granted permission to write the 6^th Semester examinations.

(2) This Hon'ble Court may direct the University to make arrangements to conduct special examinations for the 6^th semester examinations I was unable to attend."

2. Opposing the prayers sought for, the Controller of Examinations, University of Kerala -

2^nd petitioner in W.P.(C) No.25663/2022 has statement dated 24^th May, 2022. For brevity, the same is extracted:

"6. The candidates caught for suspected malpractice are not permitted to attend any semester examinations further until a decision has been taken in this regard. No rules permit the conduct of Special Examinations by the University for the candidates whose names are reported for suspected malpractice in the examinations. As malpractice was reported before the commencement of Sixth Semester Examination, April 2022, hall ticket of the candidates for the said exam was withheld and the complainant was not permitted to attend the Sixth semester exammations.

The above being the facts, there is absolutely no mal administration or any lapses committed by the Respondent as he was acting only as per norms issued in this regard.

Hence, the allegations levelled by the complainant may be rejected and the complaint may be dismissed as merit less and not maintainable.

The Hon'ble Upa Lok Ayukta therefore may be pleased to accept the Written Comments filed by the Respondent and to kindly dismiss the Complaint."

3. Complaint No.86 of 2022 filed by one S.S.Devanarayanan - 1^st respondent in W.P.(C) No.25695/2022 seeking for the very same reliefs, are extracted hereunder:

"(1) I may be granted permission to write the 6^th Semester examinations.

(2) This Hon'ble Court may direct the University to make arrangements to conduct special examinations for the 6^th semester examinations I was unable to attend."

4. Written co