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2016 Supreme(Online)(KER) 26298
HIGH COURT OF KERALA
A.M.SHAFFIQUE, J
ANIL THOMAS – Appellant
Versus
MAHATMA GANDHI UNIVERSITY Advocate - SRI VARUGHESE M EASO, SC, M G UNIVERSITY ,SRI VARUGHESE M EASO, SC, M G UNIVERSITY – Respondent
WRIT PETITION (CIVIL) 16539/2016
A student's provisional rights to examination attendance can be upheld pending resolution of disciplinary inquiries, emphasizing timely administrative decisions.
Headnote:
Examination - Writ Petitions - Act Section List - Court ruled on provisional examination rights and timely finalization of disciplinary actions affecting exam eligibility.
Fact of the Case:
The petitioner sought permission to appear for the 8th Semester examinations amidst an unresolved enquiry regarding alleged malpractice during an earlier exam, causing delays in exam eligibility.
Finding of the Court:
The court determined that the petitioner could provisionally write the examinations while awaiting a final decision from the University, which must conclude the enquiry within two months.
Issues: Whether the petitioner could sit for the exams despite ongoing disciplinary proceedings and the validity of the results pending an outcome.
Ratio Decidendi: The court emphasized the importance of balancing the right to education with procedural fairness in disciplinary matters.
Final Decision: The petitioner is permitted to provisionally write the 8th Semester Supplementary Examination, subject to the University's enquiry outcome.
J U D G M E N T
WP(C) No. 16539/16 has been filed by the petitioner seeking for a direction to permit the petitioner to appear for the 8th Semester B.Tech (Mechanical Engineering) regular and other Supplementary Examinations and for a direction to the University to finalise the proceedings pursuant to Ext.P3 memo without any delay.
2. The short facts that give rise to the writ petition would disclose that the petitioner was issued with a memo directing him to appear before the Enquiry Committee constituted for the purpose on the allegation that he had conducted malpractice during the practical examination on 6/1/2016. According to the petitioner, the enquiry is not being finalised and therefore, he is not in a position to write the examination. By an interim order dated 3/5/2016, this Court had permitted the petitioner to provisionally appear in the 6th Semester (Supplementary), 7th Semester (Supplementary) and the 8th Semester (Regular) Examination of B.Tech (Mechanical). However, it was made clear that the results of the examination shall W.P(C) Nos.16539 & 37138/16 not be published without getting orders from this Court. Further, the 1st respondent University was directed to finalise the proceedings pursuant to Ext.P3 without any further delay.
3. WP(C) No. 37138/16 has been filed inter alia stating that the petitioner participated in the 8th Semester (Regular) Examination but according to him he would like to write the 8th Semester Supplementary Examination also. Apparently, the results of the petitioner's 8th Semester Regular Examination has not been declared on account of the directions issued by this Court in WP(C) No. 16539/16. According to the petitioner, if by any chance, the regular Examination of 8th Semester Examination is declared invalid by the University, he may not get a further chance to write the examination and therefore he is attempting Supplementary examination as well.
4. Learned counsel for the University submits that the grievance of the petitioner had been enquired into and the matter is pending before the Vice Chancellor, which has to be placed before the Syndicate and the Syndicate is the authority to take a final decision in the matter, which shall be done within a period of two months.
W.P(C) Nos.16539 & 37138/16 Taking into consideration the aforesaid facts, I am of the view that these writ petitions can be disposed of as under:-
(i) That the petitioner shall be permitted to provisionally write the 8th Semester Supplementary Examination.
(ii) The University shall take a final decision in the enquiry with reference to the memo aforesaid within a period of two months.
(iii) The results of the petitioner shall be published after a decision is taken by the University and subject to the same.
