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2011 Supreme(Online)(KER) 26895
HIGH COURT OF KERALA
ANTONY DOMINIC, J
ABY K PAUL & ANOTHER – Appellant
Versus
CONTROLLER OF EXAMINATIONS – Respondent
WRIT PETITION (CIVIL) 22654/2011
Students have the right to continue their education and appear for examinations even amidst pending inquiries regarding their conduct.
Headnote:
Examination - Students - Writ Petition - Fee Payment Process - Legal Implications of Pending Inquiry - Summary
Fact of the Case:
Petitioners, MBA students, alleged to have cheated in the first semester, faced pending enquiry, leading to refusal of fee payment for the second semester examination despite their attendance in classes.
Finding of the Court:
The court permitted the petitioners to remit fees and appear for the examination, emphasizing the right to education and the presumption of innocence until proven otherwise.
Issues: Whether students can be allowed to remit fees and take examinations despite pending disciplinary inquiries for previous misconduct.
Ratio Decidendi: The court held that pending disciplinary actions should not hinder the students’ right to education and examination, allowing the fee payment while preserving the university's right to continue the inquiry.
Final Decision: Petitioners allowed to remit fees and appear for the examination pending the enquiry outcome.
JUDGMENT
Petitioners are students of the third respondent College affiliated to the first respondent University. It is stated that alleging that in one of the subjects in the first semester MBA Degree Examination, petitioners had resorted to malpractice of copying, Exts.P1 and P2 memos were issued by the third respondent and the petitioners filed their explanation and appeared before the enquiry Officer also. Final orders have not been passed. However, petitioners continued to attend the classes and now the second semester Examination is due and the last date for remittance of fee is 23.8.2011. However on the ground that the enquiry is pending, fees was not accepted and that led the petitioners to file this writ petition.
2. Having regard to the fact that despite pendency of the proceedings the students were permitted to attend the classes, this Court directed the learned Standing Counsel for the University to obtain instructions why the students cannot be permitted to remit the fee and appear for the Examination, without prejudice to the continuance of the enquiry now pending. The learned Standing W.P.(C).22654/11 Counsel has obtained instructions in the matter and confirms that the proceedings are pending. Thus, as at present, though the enquiry is pending, fact remains that the petitioners have attended the second Semester classes. In that view of the matter, I am inclined to take the view that the petitioners should be permitted to remit the fee and appear for the second Semester Examination, subject to the outcome of the enquiry that is pending.
3. Therefore, there will be a direction to the respondents to accept the fee from the petitioners for the second semester MBA Examination and permit them to appear for the Examination also, provided they are eligible for the same in all other respects. It is clarified that the payment of fee and appearance in the Examination shall be without prejudice to the right of the respondents to conclude the proceedings that is already initiated against the petitioners in relation to the alleged malpractice committed during the first semester Examination.
Writ petition is disposed of as above.
ANTONY DOMINIC, Judge mrcs
