T C KOSITY Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) In this writ petition Mr. K. C. John, learned counsel for the petitioner, challenges the order Ext. P 2, passed by the Syndicate of the Kerala University in so far as it relates to his client.

(2.) Under Ext. P 2 dated 18-5-1962, the Syndicate passed an order to the effect that the candidates mentioned therein, in which the petitioner's name is also included, at the University Examinations held in September 1961, were found guilty of malpractice at the Examination, and that the Syndicate has resolved that the examination taken by the candidates, including the petitioner herein, whose particulars are noted at foot, be cancelled and that they be debarred from appearing for any Examination of the University for the periods noted against each of them. In particular, the petitioner figures as No. 4 in the list annexed to the order Ext. P 2, and he has been debarred from taking any examination in the University for a period of two years, i. e., till September 1963.

(3.) According to Mr. K. C. John, learned counsel for the petitioner, the order Ext. P 2 has been passed in flagrant violation of the principles of natural justice, inasmuch as the petitioner had no opportunity to know the basis on which the said decision had been taken by the Syndicate authorities. And quite naturally the learned counsel placed considerable reliance upon the recent decision of the Supreme Court, reported in Board of High School v. Ghanshyam ( AIR 1962 SC 1110 ).